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Citation
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Judgment date
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| July 2018 |
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Retirement-related claims from 2010 are not time-barred; earlier claims, including 2002 eviction, are statute-barred.
Limitation of actions – cause of action – accrual on early retirement (18 Feb 2010) – Section 2(1)(a) Limitation Act – negotiations do not stop limitation absent agreement or representation – quantification of pension, terminal benefits, leave and repatriation.
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31 July 2018 |
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Whether the Court of Appeal may grant an injunction at first instance to preserve the status quo pending appeal.
Court of Appeal – jurisdiction to grant injunctions at first instance – interplay of Order 59 Rule 10(9) and Rule 14(4) – Order 27 (High Court Rules) pertains to High Court preservation powers only – special circumstances where judgment executed and stay application effectively frustrated – limited injunctive preservation of shares pending appeal.
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27 July 2018 |
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Reporting suspected theft to police based on CCTV without malice does not attract false imprisonment liability.
False imprisonment – reasonable and probable cause; reporting suspected crime to police; no liability absent malice; CCTV identification; detention due to failure to meet bail.
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24 July 2018 |
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Newspaper advertisement did not suffice for Section 13 notice; registered-post service and three‑month right to be heard are mandatory.
Lands Act s.13 — notice of intention to re-enter — service by registered post to last known address required; substituted service by newspaper advertisement improper; failure to afford three-month opportunity to make representations renders repossession invalid.
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24 July 2018 |
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Failure to serve notice and memorandum within fourteen days may be curable; late service can be regularized if no prejudice results.
Court of Appeal Rules (Order X r3(5),(9)) – service and filing periods for notice and memorandum of appeal – interpretation of time limits – late service – curable irregularity – leave to serve out of time – prejudice and procedural technicalities (Article 118(2)(e)).
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20 July 2018 |
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Contentious paternity and Will validity require open trial; Local Court succession jurisdiction limited to estates ≤K50,000; matter remitted for trial.
Succession — intestacy versus validity of Will — probate and evidencing a Will; Local Court jurisdiction in succession matters (K50,000 limit); originating summons/affidavit inadequate where factual disputes require open trial; admissibility/use of affidavits sworn by non‑parties; administration and revocation of grants; mesne profits and possession claims.
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18 July 2018 |
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Redundancies under written contracts are governed by the contract; lack of consultation is not automatically unfair.
Employment law — Redundancy under written contracts — Contractual redundancy clause governs process; statutory consultation applies only if incorporated or implied — Absence of consultation not automatically unfair — Trial court factual findings and credibility assessments reviewed with deference.
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13 July 2018 |
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Appeal to set aside part of arbitral award dismissed: tribunal properly refused damages for lack of evidence; no procedural or public-policy breach.
Arbitration — setting aside award — section 17(2)(a)(iv) and 17(2)(b)(ii) Arbitration Act — procedural impropriety — admissibility of evidence — Article 19 Model Law — public policy — high threshold (gross injustice) — section 15(c) Arbitration Act — costs order.
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4 July 2018 |