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Recent Judgments

Results. found.

Court enforces written sale; bank financing not a condition precedent; only nominal damages awarded.
  • Contract law
    • — Sale of land — Condition precedent/financing — Whether payment was conditional on bank financing — Parol evidence rule and incorporation of terms (LAZ General Conditions of Sale 2018)
    • — Remedies — Damages and special damages — Requirement to plead and prove special damages with particularity — Nominal damages where loss not proved
11 May 2026
Whether ministerial power to suspend elected councils and appoint administrators violates constitutional local‑government autonomy.
  • Constitutional law — Local government — Suspension of elected councils and appointment of administrators — Whether ministerial suspension and replacement of councils breaches Articles 147(3), 152(2) and 156 of the Constitution
11 May 2026
Whether leave to appeal should be granted on novel competition-law issues concerning section 8's scope and evidential thresholds.
  • Competition law — Interpretation of section 8 — Whether an 'agreement, decision or concerted practice' can be inferred absent direct proof
  • Civil procedure — Leave to appeal to the Supreme Court — Point of law of public importance and novelty; novelty alone insufficient
  • Competition law — Market assessment — Whether establishing appreciable effect requires market definition and market share/power analysis
8 May 2026
High Court lacks jurisdiction to hear a constitutional challenge to parliamentary procedure; matter belongs to the Constitutional Court.
  • Constitutional law — Jurisdiction — Exclusive original jurisdiction of the Constitutional Court to interpret the Constitution — Article 128(1)
  • Civil procedure — Judicial review — Leave under Order 53 — Inapplicability where resolution requires constitutional interpretation and falls within Constitutional Court’s exclusive jurisdiction
8 May 2026
Court limited an interlocutory injunction to disputed subdivisions, holding injunctions must preserve the status quo.
  • Civil procedure — Interlocutory injunction — Principles: clear right, serious question to be tried, adequacy of damages
  • Property — Registered title — Certificate of title and limits on injunctions against registered proprietors
  • Civil procedure — Status quo — Injunctions must preserve, not create, rights
8 May 2026
A purported jurisdictional objection that challenges the merits of a land-title order is premature and dismissed.
  • Land law — Title disputes — Court’s power to cancel certificate of title and order consequential administrative action — Lands and Deeds Registry Act ss 33–34
  • Civil procedure — Jurisdictional objection — Distinguishing true jurisdictional defects from merits and timing of interlocutory objections
8 May 2026
Late service of appellate documents without leave is a fatal procedural defect that rendered the appeal incompetent.
  • Civil procedure
    • — Appeals — Service of appeal documents — Whether late service without leave renders appeal incompetent
    • — Procedural compliance — Mandatory time limits in Court of Appeal Rules — "Shall" construed as imperative
  • Constitutional law — Procedural technicalities — Article 118(2)(e) does not cure non‑compliance with mandatory procedural rules
8 May 2026
Court expunged late extra copies that introduced material not before the single Judge; hearing will proceed on the original motion.
  • Civil procedure
    • — Renewal before full court — Filing of three extra copies for use of the court — Extra copies must reproduce proceedings and affidavits before single Judge
    • — Irregularity and remedy — Late filing or introduction of additional materials in extra copies — Expungement as appropriate remedy
7 May 2026
Whether certification under Rule 5(2) is required for multiple counsel in Court of Appeal proceedings.
  • Civil procedure — Costs
    • — Certification for multiple practitioners — Applicability of Legal Practitioners (Costs) Order Rule 5(2) to Court of Appeal proceedings
    • — Court of Appeal discretion under Court of Appeal Rules Order 12/1 — Power to assess costs and prevent duplication
  • Civil procedure — Taxation — Burden to justify multiple practitioners — Principles of reasonableness, necessity and proportionality
7 May 2026
Arbitration clause did not bind the assignee; judgment on admission set aside for procedural denial of hearing.
  • Civil procedure
    • — Arbitration — Referral/stay under Section 10 Arbitration Act — Whether arbitration clause binds an assignee who is not a contracting party
    • — Judgment on admission — Necessity to determine pending adjournment and afford an opportunity to be heard before entering judgment
  • Bills of Exchange — Assignment — Holder’s right to sue in own name independent of arbitration clause in underlying contract
7 May 2026
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Recent Legislation

Results. found.

Act 18 of 1980 1 January 9999
Uncommenced
Act 3 of 2026 8 April 2026
Uncommenced
Act 5 of 2026 8 April 2026
Act 4 of 2026 8 April 2026
Act 2 of 2026 8 April 2026
Uncommenced
Act 7 of 2026 8 April 2026
Uncommenced
Act 10 of 2026 8 April 2026
Uncommenced
Act 8 of 2026 8 April 2026
Uncommenced
Act 9 of 2026 8 April 2026
Uncommenced
Act 6 of 2026 8 April 2026
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