Results.
10,218 judgments found.
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National newspaper imputing corruption to the applicant was defamatory; fair‑comment defence failed for lack of verified supporting facts.
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Tort
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Defamation — Publication of statements imputing corruption and incompetence to a public official
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Defence of Fair Comment — Requirement that comment be opinion, based on proved facts, on matter of public interest, and not actuated by malice
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Malice and Verification — Failure to verify serious allegations and absence of evidential support undermines defences
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30 June 2026 |
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A petition is the proper mode to challenge an alleged unconstitutional presidential appointment; preliminary dismissal was refused.
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Constitutional Law
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Mode of Commencement — Petition as proper process to challenge acts or decisions under Article 128(3) of the Constitution
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Judicial Review — Challenges to Presidential appointments — Limits of procedural rules versus constitutional right to petition
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Civil Procedure — Preliminary Issues — When substantive merit questions cannot be decided at preliminary stage
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30 June 2026 |
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Leave to appeal does not excuse late filing; failure to secure further leave renders the appeal incompetent.
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Civil Procedure — Appeals — Filing Time Limits and Leave to Appeal Out of Time — Effect of failure to file within prescribed period
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29 June 2026 |
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Whether a collective‑agreement gratuity can ground retention on payroll under Article 189 and the Employment Code.
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Civil Procedure — Stay of Execution — Criteria for granting a stay pending appeal — Order 10 r 5, Court of Appeal Rules, 2016
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Employment Law — Collective Agreements — Retention on payroll for gratuity — Interpretation of "in accordance with the current law" and interplay with Article 189 and s 73 Employment Code Act No. 3 of 2019
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29 June 2026 |
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26 June 2026 |
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Court granted leave to apply for stay of execution out of time, reversing the single judge's refusal.
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Civil Procedure
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Appeals — Stay of Execution Pending Appeal — Leave to Apply Out of Time
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Extension of Time — Delay Attributable to Counsel — Generally Not a Sufficient Excuse
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Court of Appeal Discretion — Section 9(b) Court of Appeal Act; Order 13 Court of Appeal Rules
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26 June 2026 |
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Stay of execution denied: applicant failed to show appeal prospects and special circumstances to justify halting pension assessment payment.
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Civil Procedure — Stay of Execution — Requirements: appeal prospects and special/compelling circumstances — Order X r4(5) Court of Appeal Rules
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Pension Law — Assessment of Benefits — Application of Supreme Court directions and appropriate actuarial valuation method
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26 June 2026 |
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A Certificate of Title may be cancelled for fraud only where the party alleging fraud proves it clearly and strictly.
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Land Law — Title and Registration — Cancellation of Certificate of Title for Fraud or Impropriety — Burden and Standard of Proof under Lands and Deeds Registry Act ss 33–34
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Civil Procedure — Evidence and Pleadings — Failure to Prosecute Counter‑Claim and Absence of Evidence — Court Cannot Cancel Title Without Clear Proof
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26 June 2026 |
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High Court wrongly dismissed an Article 28(1) Bill of Rights petition; appeal allowed and matter remitted.
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Constitutional Law — Bill of Rights — Article 28(1) — Competence of petitions challenging alleged rights infringements
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Civil Procedure — Jurisdiction and Procedure — Sua sponte determination at scheduling conference — Requirement to invite parties to address competence
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Electoral Law — Forum — Distinction between nomination challenges under the Electoral Process Act and constitutional petitions under Article 28(1)
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26 June 2026 |
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Sale of estate property without prior court authority is void; purchaser entitled to restitution and interest, not damages.
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Succession Law — Sale of Estate Property — Requirement of Prior Court Authority under Intestate Succession Act s 19(2) — Void ab initio
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Equity — Unjust Enrichment — Restitution of Monies Paid Under A Void Contract
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Contract Law — Damages — Inapplicability Where Contract Is Void Ab Initio; Interest as Appropriate Remedy
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26 June 2026 |
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Court refused to expunge late-served heads of argument, allowing the appeal to proceed on its merits.
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Civil Procedure — Appeals — Filing and service of heads of argument — Whether late-filed heads should be expunged — Court's discretion to overlook procedural breaches where no tangible prejudice — Court of Appeal Rules 2016, Order 10 r 9(16); Constitution Art 118(2)(e)
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25 June 2026 |
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Court discharged ex-parte stay pending appeal due to non-disclosure, forum shopping, and judicial comity concerns.
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Civil Procedure
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Stay of Execution Pending Appeal — Whether stay should be granted where appeal would be rendered nugatory
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Ex-parte Relief — Duty of Full and Frank Disclosure — Non-disclosure as ground for discharge
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Judicial Comity — Horizontal Overruling and Forum Shopping — Single judge cannot override colleague's decision
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25 June 2026 |
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Detention pending expulsion without the statutory notice or proof of service may justify habeas corpus and immediate release.
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Constitutional law — Habeas corpus — Detention without charge or production in court — Validity and limits of administrative detention
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Refugee law — Expulsion procedure — Service of notice under section 21(2) of the Refugees Act — Proof of service as fundamental procedural requirement
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24 June 2026 |
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Stay of execution refused where appeal lacked prospects of success and no special circumstances were demonstrated.
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Civil Procedure — Stay of Execution Pending Appeal — Discretionary remedy — Consideration of prospects of success and irreparable harm — Court of Appeal Rules/authorities
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23 June 2026 |
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Part XVIII and Article 266 do not bar Parliament from creating commissions by ordinary legislation; petition dismissed.
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Constitutional Law
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Commissions — Whether Part XVIII and Article 266 preclude Parliament from creating commissions by statute — Constitution Arts.1,216-237,266,267
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Transitional Provisions — Effect of section 19 (Act No.1 of 2016) on Parliament’s power to establish statutory commissions
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22 June 2026 |
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A presidential nomination can only be invalidated for failure to meet constitutional qualifications or nomination procedure, not internal party governance.
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Constitutional Law
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Elections — Presidential nomination challenges — Scope of Article 52(4) — Must be grounded on Article 100 qualifications or Article 52 procedural requirements
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Political Parties — Internal governance — Alleged breaches of Article 60 not a ground to invalidate a presidential nomination
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Electoral Law — Acceptance of nominations — Review limited to constitutional qualifications and prescribed nomination procedure
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19 June 2026 |
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Whether the electoral commission may revoke allocated candidate symbols without statutory authority, notice or hearing.
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Administrative Law — Judicial Review — Revocation of Allocated Electoral Symbol — Illegality, Irrationality and Procedural Impropriety — Electoral Process Act/Regulation 8
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19 June 2026 |
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Court granted extension of time to appeal and a stay of execution to prevent the appeal becoming nugatory.
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Civil Procedure
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Appeal Out of Time — Extension of time: sufficient reason, promptness and delay due to former counsel
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Stay of Execution — Whether to grant: arguable appeal, risk of nugatory outcome and balance of convenience
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Property Law — Trespass and Possession — Protection of subject matter pending appeal to prevent irreversible prejudice
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19 June 2026 |
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Court granted stay of execution pending appeal where appeal had reasonable prospects and special circumstances existed.
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Civil Procedure
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Stay of Execution — Granting stay pending appeal where appeal has reasonable prospects and risk of rendering appeal nugatory
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Originating Summons — Resolution of admitted debts and discretion under Order 30 Rule 11(j) of the High Court Rules
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18 June 2026 |
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Application to amend cross‑appeal refused for unexplained two‑year delay; costs awarded to appellant.
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Civil Procedure — Appeals — Amendment of Notice of Cross Appeal — Leave to amend after inordinate delay — Court of Appeal Rules (Order VIII; Order X)
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18 June 2026 |
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Single judge lacked jurisdiction to set aside an ex‑parte leave and stay; unauthorised firms ordered to pay costs.
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Civil Procedure
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Jurisdiction — Competence of single Judge to set aside ex‑parte orders — Preliminary objection succeeds
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Ex‑parte orders — Leave to appeal and stay — Procedure for setting aside or discharge
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Costs — Representation — Advocates acting without instructions liable for costs — Exception for properly instructed counsel
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17 June 2026 |
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Running mate cannot be directly challenged under Article 52(4); petitioners failed to prove lack of Grade twelve equivalent, petition dismissed.
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Constitutional Law
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Electoral Law — Qualifications for President and Vice‑President — Derivative examination of running mate's qualifications under Article 52(4) and Articles 100(1)(e), 110(2) and 266
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Procedure and Evidence — Burden of proof and res inter alios acta — Petitioners must adduce independent evidence to disqualify candidates
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17 June 2026 |
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Court stayed lower court judgment pending appeal to prevent appeal being rendered nugatory due to unadmitted evidence.
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Civil Procedure
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Arrest of Judgment Pending Appeal — Discretion to stay judgment to prevent appeal becoming nugatory
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Procedure Before Court of Appeal — Applications to a Single Judge — Order VII Rule 2
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Evidence — Admission of Witness Statements and Cross‑Examination — Effect on Fair Trial and Appeal
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16 June 2026 |
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Appeal dismissed for want of prosecution where appellants failed to seek timely extension after prolonged non‑compliance.
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Civil Procedure
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Appeals — Dismissal for want of prosecution — Exercise of discretion under Order X r 7 and requirement to comply with Order 10 r 6 CAR
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Extension of Time — Formal application under Order XIII r 3 CAR — Duty to apply promptly when non‑compliance anticipated
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Constitutional Law — Procedural Technicalities — Article 118(2)(e) not a blanket override of procedural rules; applies only to prevent manifest injustice
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16 June 2026 |
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Court granted stay pending appeal where appeal raised a prima facie challenge to interest calculations under the Money Lenders Act.
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Civil Procedure
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Stay of Execution Pending Appeal — Prospects of success and whether refusal renders appeal nugatory — Application of appellate preview test
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Security for Costs — Availability under Rules of the Supreme Court (Order 59/10/40) and creditor's procedural obligation
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Contract/Statutory Interest — Money Lenders Act — Legality of interest computation and statutory caps on recoverable interest
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16 June 2026 |
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A relaunch of litigation already finally determined is barred by res judicata; action dismissed in limine.
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Civil procedure
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Res judicata — Whether a subsequent action is precluded where a terminal ruling has finally determined the same parties, issues and reliefs
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Enforcement and appeal — Requirement to appeal or seek enforcement/fix time rather than relaunch identical proceedings
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15 June 2026 |
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Failure to serve the record of appeal and heads within 14 days without leave renders the appeal incompetent and dismissed.
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Civil Procedure —
Appeals
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Service of record of appeal and heads of argument — Requirement to serve within 14 days — Court of Appeal Rules Order 10 Rule 9(9)
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Leave to serve out of time — Failure to apply renders late service a nullity and appeal incompetent
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12 June 2026 |
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The applicant's appeal was dismissed for want of prosecution after failing to file the record and heads within 60 days.
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Civil Procedure
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Appeal — Dismissal for want of prosecution — Failure to file record of appeal and heads within prescribed 60 days — Discretion under Court of Appeal Rules Order 10 Rule 7
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Delay — Intentional or contumelious default and inordinate delay — Requirement of prejudice or risk to fair trial as precondition for dismissal
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12 June 2026 |
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Out-of-time leave refused where procedural sequence under Order 13 was not followed and delay was inadequately explained.
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Civil Procedure
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Appeals — Extension of time for filing application for leave to appeal out of time — Requirement to obtain leave where both 14-day and further 21-day periods have expired — Order 13 Rule 3(2) and (3)
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Rules of Court — Procedural compliance — Application incompetent where prescribed procedural sequence is not followed
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11 June 2026 |
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Majority shareholder breached fiduciary duties by controlling subsidiary, entitling company to damages; negligent misstatement dismissed.
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Company Law
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Shareholder Derivative Action — Leave under Companies Act s.331 — Court jurisdiction to hear derivative claim despite defendant's arbitration plea
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Fiduciary Duties — Majority shareholder exercising operational control — Liability for breach of Shareholders Agreement and provision of misleading corporate information
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Tort — Negligent Misstatement — Statements to third party (government) — Requirement of special relationship/assumption of responsibility (Hedley Byrne)
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9 June 2026 |