Results.
9 judgments found.
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| October 2022 |
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Whether the appellant’s correspondence and payment agreement constituted a clear admission, negating a condition precedent, justifying judgment on admission.
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Commercial law — judgment on admission — clear and unequivocal admission via agreement and correspondence — condition precedent — adequacy of defence — discretion to enter judgment on admission.
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28 October 2022 |
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Appeal dismissed for incompetence due to omission of mandatory record documents and improper certification of the record.
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Civil procedure — Record of appeal — Mandatory compliance with Order X rule 9(5) and Order 10 — omission of order granting leave, memorandum of appeal, affidavits and exhibits — improper certification by non‑originating registrar — supplementary record requires formal leave within 14 days — appeal dismissed for incompetence.
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26 October 2022 |
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Committee resolution, valuation and ministerial communication established council approval; appeal dismissed and tenant entitled to purchase plot.
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Local Government Act — delegated committee authority — section 35(1),(4) and 36 — committee discharge deemed council action; ministerial approval — written direction by ministry official suffices; valuation procured and relied on by purchaser — outsider reliance on council agents; unwilling‑vendor principle; entitlement of sitting tenant to purchase land.
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26 October 2022 |
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The appellant's appeal was dismissed for being filed out of time; the stay of execution was refused.
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Court of Appeal — Appeal time limits — Section 25 Court of Appeal Act and Order X Rule 3(5) Court of Appeal Rules — mandatory 30-day filing period — dismissal for filing out of time — stay of execution pending appeal fails when appeal dismissed.
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26 October 2022 |
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A certificate of title is conclusive unless fraud is clearly pleaded and proved; the applicant failed to prove prior interest or notice.
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Property law — Registered title under the Lands and Deeds Registry Act s.33 — Conclusive effect of Certificate of Title; challenging title for fraud requires clear, distinct pleadings and proof; locus standi of a non-party to a contract; evidential weight of audio recordings and burden to prove payment/consideration in land transactions.
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25 October 2022 |
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Respondent's request for extension to file a preliminary objection denied for insufficient justification and unjustified delay.
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Court of Appeal rules — Order XIII Rule 5(1) — fourteen‑day notice for preliminary objections — Order XIII Rule 3 discretion to extend time — sufficiency of reasons — delay due to awaiting instructions not acceptable where objection is legal in nature.
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21 October 2022 |
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Appellate court affirmed no proof of loan disbursement, rejected burden-shift claim, reversed equitable mortgage finding, and dismissed appeal.
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Evidence and proof — alleged disbursement of loan and burden of proof; Fraud/misrepresentation — pleading and standard of proof; Credibility findings — appellate deference to trial judge; Equitable mortgage — deposit of title deeds, requirement of consideration and presumption rebuttable only where consideration established.
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14 October 2022 |
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Arrest based on reasonable suspicion, but unlawful detention beyond 24 hours warranted damages for three days.
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Criminal procedure — Arrest on reasonable suspicion (s.26 CPC) — Detention and requirement to bring accused before court within 24 hours (s.33 CPC) — False imprisonment/damages for unlawful prolonged detention — Separate legal personality of company — Proof of loss and agency issues.
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9 October 2022 |
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Appellant owed activation bonuses and revenue share; amounts remitted for assessment; admitted sum entered; counterclaim to be assessed and set‑off applied.
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Contract law — Distributor agreement — activation bonuses and 2% revenue share — liquidated demand v special damages; failure to produce monthly sales performance reports; duty to prove quantum; assessment by Registrar where liability shown but quantum uncertain; counterclaim for dishonoured cheques and set‑off; costs — parties to bear their own costs.
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6 October 2022 |