Results.
5 judgments found.
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| January 2017 |
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A single Judge lacks jurisdiction to determine an application involving the decision of an appeal; ex parte stay discharged.
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Court of Appeal Act s.9 — Jurisdiction of single Judge — Application involving decision of an appeal — Ex parte stay of execution — Discharge for lack of jurisdiction; costs awarded.
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18 January 2017 |
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Demolition of permanent structures in a power wayleave was lawful; ministerial order under s.18(2) is not mandatory.
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Electricity law — wayleave — erection of buildings under transmission/distribution lines — temporary planning permission versus permanent structures — Section 18(2) Electricity Act; operator’s power to request removal and optional recourse to Minister — credibility of witnesses and appellate review of findings of fact.
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17 January 2017 |
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Improper use of a summons for an extension application was curable; appellant ordered to substitute with the required Notice within 14 days.
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Civil procedure — Court of Appeal Rules Order 13 (extension of time) — application to be by Notice in Form 23 — procedural non‑compliance curable by amendment under Order 8 — Chikuta inapplicable to interlocutory applications — costs awarded.
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16 January 2017 |
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A single judge cannot grant stay of execution where the appeal challenges the trial court's refusal to grant that stay.
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Civil procedure — Stay of execution — Competence of single judge — Court of Appeal Act s.9 and Order VII(2)(1) Court of Appeal Rules — Appeal against refusal to stay — Procedural jurisdiction; substantive promissory estoppel not decided.
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16 January 2017 |
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Consent between parties cannot replace a court application to extend time to file a notice of appeal; inadequate reasons justified refusal.
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Civil procedure — extension of time to file notice of appeal — parties cannot consent to out-of-time filing — Court of Appeal Rules Order XIII Rule 3 — applicant must state circumstances causing delay — discretion exercised having regard to adequacy of reasons and prospects of success.
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14 January 2017 |