Results.
7 judgments found.
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| April 2018 |
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Court upholds malicious prosecution finding and general damages, allows vehicle damage claims to be assessed by Deputy Registrar.}
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27 April 2018 |
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Whether administrators with unregistered letters have sufficient interest to be joined to litigation over estate land and whether the court should grant relief under section 6.
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Lands and Deeds Registry Act s5(3), s6 — effect of non‑registration of probate on land rights; Court’s discretion to extend registration time; Joinder — administrators’ locus standi to defend estate land; High Court Rules (Order 14/30) — interest sufficient for joinder; avoidance of multiplicity of actions.
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27 April 2018 |
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Under s.15, a custody order depends on an existing maintenance order, so the Court lacked jurisdiction and dismissed the appeal.
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Family law — Affiliation and Maintenance Act s.15 — custody orders conditional on existing maintenance orders; statutory interpretation — literal rule; jurisdiction to grant custody; domicile/citizenship issues rendered academic.
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27 April 2018 |
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Whether documentary and oral evidence sufficed to prove stock quantity/value after a landlord’s re‑entry and the proper allocation of costs.
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Landlord and Tenant (Business Premises) Act — re‑entry and inventory — evidence and burden of proof — sufficiency of invoices and sales schedules to prove stock balance — credibility and assessment of inventory — costs where parties partially succeed.
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25 April 2018 |
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Appeal dismissed for want of prosecution due to inordinate, inexcusable delay and contumelious disregard of procedural rules.
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Appeal — dismissal for want of prosecution — Order X r7 Court of Appeal Rules — contumelious/default — inordinate and inexcusable delay — exercise of discretion — costs.
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10 April 2018 |
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Court ordered K50,000 security for costs on appeal, refusing to require payment as a condition precedent.
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Security for costs — Court of Appeal discretion under Order 10 Rule 8 — "past costs" construed as costs relating to appeal (not necessarily trial costs) — merits to be examined only where high probability of success or failure — payment need not be condition precedent.
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4 April 2018 |
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Appeal allowed: subordinate court lacked jurisdiction over an estate exceeding statutory value threshold; matter should have been referred to High Court.
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Succession law — Jurisdiction under Intestate Succession Act s43 — Value thresholds for subordinate courts — Judicial notice of estate value — Referral to High Court under s44 — Setting aside judgments for lack of jurisdiction.
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1 April 2018 |