Results.
21 judgments found.
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| March 2021 |
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Court granted extension to file appeal documents due to Covid-19 closures, finding the delay not inordinate.
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Civil procedure — Extension of time — Court of Appeal Rules, Order 13 Rule 3(1) — Covid-19 related law-firm closures as sufficient reason — inordinate delay — costs awarded.
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31 March 2021 |
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Court granted a 21‑day extension to file appeal documents due to COVID‑19 closures, finding delay not inordinate.
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Court of Appeal Rules (Order 13 Rule 3) — extension of time — sufficient reason — COVID‑19 related closure of law firm — inordinate delay — filing deadline and automatic dismissal.
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31 March 2021 |
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Whether a statutory derivative action is available once liquidation commences under the new Companies and Corporate Insolvency Acts.
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Corporate insolvency — Liquidation — Availability of statutory derivative action post‑liquidation — Interaction between Companies Act s331 and the Corporate Insolvency Act — Leave to appeal — Applicability of Avalon Motors authority.
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31 March 2021 |
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Guideline 8(iv) obliges the Secretariat to notify a complainant in writing of refusal to withdraw, but that omission did not prejudice the investigated party.
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Administrative law — interpretation of regulator's procedural guidelines — Guideline 8(iv) requires Secretariat to inform complainant in writing of refusal to accept withdrawal; duty owed to complainant not investigated party — right to be heard and legitimate expectation not established where investigated party failed to take available opportunities to respond.
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31 March 2021 |
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Whether a 30-year sentence for defiling a 12-year-old who became pregnant was excessive despite guilty plea and first‑offender status.
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Criminal law — defilement — sentencing — first offender and plea of guilty — aggravating factors (victim aged 12, night ambush, mouth covered, resulting pregnancy) — appellate interference standard (wrong in principle or shock) — precedent reliance (Hara).
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31 March 2021 |
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Leave to appeal refused: no reasonable prospect or point of law of public importance concerning VAT or breach of contract.
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Civil procedure — Leave to appeal to Supreme Court (s.13 Court of Appeal Act) — threshold of reasonable prospect and public importance; VAT on settlement following premature termination of lease — interpretation of finance agreement and VAT Act; costs awarded.
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31 March 2021 |
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Sections 23–24 of the Companies Act protect third parties and prevent automatic invalidation of proceedings for lack of a board resolution.
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Company law — capacity and authority to litigate — Sections 23 and 24 Companies Act displace common-law requirement for board resolution; indoor management rule; procedural irregularities — curable vs fatal; interlocutory injunction — prima facie case and irreparable harm.
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30 March 2021 |
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Appeal dismissed: vendor withheld title and subdivided land; specific performance and costs awarded to respondents.
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Contract for sale of land — title delivery versus payment — time of the essence — notice to complete — concealment and subdivision — specific performance and costs.
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30 March 2021 |
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Delay of six months and 25 days was inordinate; applicant failed to adequately account, so extension denied with costs.
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Civil procedure — extension of time — inordinate delay — duty to apply promptly — adequacy of explanation — COVID-19/quarantine not automatically good cause — Court of Appeal discretion under Order X r.2(8) and s.9(b) Court of Appeal Act.
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30 March 2021 |
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Registered title and valid transfer by an administrator prevail over unregistered equitable claims; appeal dismissed with costs.
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Land law — registered title v. unregistered/equitable interests — protection of persons dealing with registered proprietors (s.58 Lands and Deeds Registry Act) — bona fide purchaser for value without notice — administrators’ power to transfer intestate property by deed of gift/assent — effect of formal deviations from prescribed transfer forms.
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30 March 2021 |
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Appellant failed to prove fraud; registered purchasers protected by conclusive title and official search, appeal dismissed.
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Property — Registered title and official certificate of search — Conclusive statutory effect (Lands and Deeds Registry Act ss.23, 33) — Challenge only on proof of fraud or operative mistake (s.34) — Purchaser from registered proprietor protected; no duty to investigate vendor’s acquisition (s.58).
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29 March 2021 |
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Certificate of title and official search are conclusive; appellant failed to prove fraud, appeal dismissed with costs.
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Lands and Deeds Registry Act — Sections 23, 33, 34, 58–59; certificate of title and official search conclusive; fraud must be specifically pleaded and strictly proved; purchaser from registered proprietor protected; no duty to investigate vendor's acquisition; caveat and registration critical.
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29 March 2021 |
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Whether two disputed houses formed part of the deceased's estate and effect of partial payment on vesting and equitable reimbursement.
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Intestate succession — land title — certificate of title and Lands Register entries conclusive under Lands and Deeds Registry Act — deed of assignment challenged; Property acquired in deceased’s name; deposit versus completion of contract — deposit alone does not vest property in estate; equity and reimbursement where majority of purchase price paid by another party; remedy: title cancellation/reissue and reimbursement with interest.
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26 March 2021 |
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Medical proof of defilement does not identify the perpetrator; independent admission and opportunity provided necessary corroboration.
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Criminal law — Defilement — Corroboration: medical evidence corroborates commission, not identity — Danger of false implication from relative witnesses — Need to warn and exclude such danger — Independent corroboration (admission/confession to third party and opportunity) can supply "something more" to uphold conviction.
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26 March 2021 |
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Court upheld aggravated robbery conviction, finding identification by acquaintances reliable despite no identification parade.
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Criminal law — Aggravated robbery — Identification evidence by acquaintances — Relatives not automatically 'interested' witnesses — Identification parade not mandatory — Alibi must be timely raised — Common purpose and use of firearm.
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24 March 2021 |
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Application for leave to appeal and joinder dismissed: proposed appeal lacked public importance and reasonable prospects.
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Civil procedure — Leave to appeal to Supreme Court — Court of Appeal Act s13(3) — point of law of public importance — reasonable prospects of success — Intestate Succession Act s19(2) — sale of property without High Court consent — joinder — costs follow event.
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23 March 2021 |
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Circumstantial evidence—being last with the child, injuries, flight and admission—upheld the appellant's murder conviction.
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Criminal law — Circumstantial evidence — Last person with victim — Postmortem head injuries — Flight and out‑of‑court admission to a private person — Inference of guilt.
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23 March 2021 |
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Leave denied: applicant failed to exhaust statutory complaint procedures and interlocutory referral is challengeable after trial.
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Judicial review — recusal of trial magistrate — Article 28(2)(a) referral to High Court — Judicial (Code of Conduct) Act — exhaustion of statutory complaints — interlocutory decisions in criminal trials — appeal after trial.
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22 March 2021 |
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Whether the 1% arranger fee was of funds "raised" or of cash disbursed and whether adviser fees or architect fees were payable absent development commencement.
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Contract construction — meaning of "amount raised" versus "disbursed"; arranger success fee split (0.7% land, 0.3% cash); termination and damages — notice and phases of contractual obligations; transaction-advisor/project-manager fees payable when development commences; quantum meruit and course of dealing — no implied obligation without regular, consistent dealings; judgment on admission — inadmissible at judgment stage where evidence contested and interlocutory rulings exist.
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17 March 2021 |
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Whether a mortgagee in possession must render a full account of receipts and prove credits, and whether trial accounting was properly determined.
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Mortgage law — mortgagee in possession — duty to account for rents and profits; burden of proof at accounting lies on mortgagee in possession; clause in mortgage protecting lender's acts does not negate equitable duty to account; admissibility and sufficiency of evidence for credits (improvements, expenses, effects of squatters/mining); appellate correction of factual miscalculation and remit for final accounting.
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11 March 2021 |
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Appeal dismissed for want of prosecution under Order 10/7 CAR; costs awarded to the respondent.
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Civil procedure — Court of Appeal Rules Order 10/7 — dismissal for want of prosecution — failure to file record of appeal and heads of argument — service and hearing in absence — costs.
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5 March 2021 |