Results.
9 judgments found.
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| January 2022 |
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Section 34 does not bar declaratory proceedings over overlapping titles; injunction to preserve status quo was rightly granted.
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Lands and Deeds Registry Act s34 — scope and limits; declaratory relief versus action for possession; interlocutory injunction to preserve status quo; overlapping survey diagrams/misdescription of boundaries; Surveyor General report as relevant evidence.
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31 January 2022 |
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Licence renewal pending keeps licence in force; duplicated bets void under displayed bookmaker rule, one valid ticket payable.
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Betting law — licence renewal pending — continued validity of licence and enforceability of contracts; Betting Control Act — s.5 and s.20 — effect on recovery of betting debts; Contract incorporation — conspicuous display and constructive notice of standard terms; Betting rules (Act No.10) — prohibition on duplicated combinations — void bets and refunds; Waiver/estoppel — conduct and past practice insufficient to vary express bookmaker rules.
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28 January 2022 |
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Appeal dismissed: oral contract governed employment status; fraud unproved and post‑termination salary would be unjust enrichment.
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Employment law — oral contract of service — determination of employment status; redundancy — entitlement to redundancy and leave pay; unjust enrichment — no salary for period not worked; civil procedure — affidavit evidence and role of trial judge in cross‑examination; pleading and proof of fraud (elevated standard).
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27 January 2022 |
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Res judicata bars relitigation of chieftaincy entitlement; re-installation and presidential recognition were null and void.
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Civil procedure — Order 14A RSC — disposal on a point of law; Res judicata/Henderson v Henderson — finality of prior High Court and Supreme Court determinations; customary chieftaincy succession — presidential recognition vs prior judicial determinations; abuse of process/multiplicity of actions.
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26 January 2022 |
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An automatic statutory right of appeal under s22 obviates leave; the leave application was dismissed as misconceived.
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Court of Appeal Act s22 — automatic right of appeal; s23 — exceptions to automatic appeal; s25 — notice and memorandum of appeal; leave to appeal unnecessary where automatic right exists; procedure for filing appeal and extension of time.
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25 January 2022 |
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Appellant’s alleged offer letter and documents did not overcome respondents’ Certificates of Title absent strict proof of fraud; appeal dismissed.
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Land law — offer letters and equitable interests — Certificate of Title conclusive under Lands and Deeds Registry Act — burden and strict proof of fraud or impropriety to impeach title — Circular No.1/1985 procedure for council land allocations — evidentiary weight of documentary anomalies and absent vendor testimony — entitlement to compensation for improvements by non‑owner.
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21 January 2022 |
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A mortgagee who takes possession must account for rents received and rents it ought to have collected before the debt is fixed.
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Mortgagee in possession — duty to account — rents received and rents which ought to have been collected — burden of proof on mortgagee — accounting for sale proceeds — reconciliation by Registrar.
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18 January 2022 |
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Local Court letters of administration issued without jurisdiction are void; sales under them are ultra vires and any party may apply to the High Court.
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Succession law — Jurisdiction of Local Court to grant letters of administration — Letters issued beyond statutory monetary limit void — Acts done under void letters (property sales) ultra vires and null — Parties entitled to apply to High Court for proper administration.
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17 January 2022 |
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A mortgagee in possession must account for rents received and those it ought to have collected; burden lies on the mortgagee.
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Mortgagee in possession — duty to account for rents received and rents which ought to have been collected — burden of proof on mortgagee — requirement to account for sale proceeds — updated statement and Registrar reconciliation.
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16 January 2022 |