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Citation
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Judgment date
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| December 2023 |
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Appellant acquitted where circumstantial evidence failed due to unresolved postmortem and identification discrepancies.
Criminal law — Circumstantial evidence — Requirement that inculpatory facts be incompatible with innocence and point to no other reasonable hypothesis — Identification and postmortem discrepancies (sex of examined body) — Trial judge’s duty when expert findings conflict with other evidence — Conviction set aside for insufficient circumstantial proof.
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29 December 2023 |
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A non-party who is materially affected may obtain a stay of a charging order pending appeal if the appeal has reasonable prospects.
Civil procedure — Stay of execution — Appellant/non-party/intervenor may, in exceptional circumstances, seek stay of a charging order pending appeal — court may preview prospects of success — registration of charging order does not automatically bar stay.
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29 December 2023 |
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Appellants' murder convictions and death sentences upheld where relative eyewitness and post-mortem corroborated common-intention lethal assault.
Criminal law – Evidence of relative-witness – caution but capable of acceptance if no motive to fabricate; Criminal law – murder – common intention (s.22) and joint liability for fatal assault; Criminal law – provocation/mob justice – not established where group assault shows intent to cause grievous harm; Evidence – post-mortem corroboration of fatal traumatic injuries.
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27 December 2023 |
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Whether evidence supported convictions for theft by public servant and money‑laundering, and whether sentencing, forfeiture and costs orders were lawful.
Criminal law — Theft by public servant — proof requires evidence of original theft and diversion — documentary and circumstantial corroboration; Money‑laundering — transactions in proceeds of crime — consolidation of repetitive counts into a single laundering conviction; Judicial conduct — mere prior employment with prosecution authority does not mandate recusal; Forfeiture — assets proved to derive from proceeds of crime subject to forfeiture; Sentencing — concurrent vs consecutive sentences and appellate adjustment; Statutory judgment — must account for value of forfeited assets before entry.
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22 December 2023 |
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Appeal dismissed: offer created enforceable land rights; Commissioner’s cancellation and vitiation of title upheld; counterclaim untenable.
Land law – offer by Commissioner of Lands – offer and acceptance can create enforceable proprietary rights pre‑registration; Cancellation of lot by Commissioner – effect on certificates of title; Fraud or mistake vitiating title; Admissibility and weight of private surveyor plans; Separate legal personality of company and shareholder; Absolute privilege of pleadings – cannot ground civil claims; Appellate procedure – expunging non‑compliant grounds of appeal.
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22 December 2023 |
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Appeal dismissed for want of prosecution due to inordinate delay and prejudice to the respondent.
Civil procedure — Dismissal for want of prosecution — Order X r7 Court of Appeal Rules — Failure to file Record of Appeal and Heads of Argument despite extensions — Inordinate and inexcusable delay — Prejudice to respondent — Exercise of court's discretion to dismiss.
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15 December 2023 |
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Application for leave to Supreme Court denied: no public importance, no reasonable prospects, regulatory breach deemed curable.
Civil procedure – leave to appeal to Supreme Court – public importance and prospects of success – distinction between curable breach of regulatory rule and fatal breach of mandatory rule – jurisdiction to hear extension of time after dismissal for incompetence.
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14 December 2023 |
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Whether a whistleblower may obtain judicial review and interim protection despite delay and employment-law overlap.
- Public Interest Disclosure (Whistleblowers Act) – Sections 10 and 49(1) – protection from occupational detriment and right to relief
- Judicial review – leave to apply – extension of time – Order 53 rules
- Competence of renewal – ex parte prior refusal does not bar renewal under proviso to Order 53(3)(4)(b)
- Public law vs private law – employment-related reprisals arising from protected disclosures may be subject to judicial review
- Interim relief – stay of transfer and disciplinary proceedings; payment of withheld salary; provision of safe accommodation
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13 December 2023 |
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Justification and fair-comment defences upheld where unchallenged internal investigation supported respondent's statements.
Defamation — justification and fair comment; admissibility and weight of unchallenged documentary evidence; administrative investigations as basis for publication; absence of malice; causation of business loss.
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13 December 2023 |
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Registrar correctly computed three months' post-judgment interest due to the appellant; appeal dismissed.
Interest on judgment sums — computation of period and rate — Registrar’s assessment upheld — appellate court will not overturn factual findings absent perversity (Marcus Achiume).
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10 December 2023 |
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Applicant failed to show prospects of success or irreparable harm; stay of single Judge's discharge of injunction dismissed.
Civil procedure – interlocutory relief – stay of execution of single Judge’s decision – inherent appellate jurisdiction to preserve status quo pending motion under section 9(b) – whether there is something to stay – prospects of success and irreparable harm required.
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10 December 2023 |
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Registrar's dismissal for assessment was quashed for relying on the wrong judgment; matter remitted for hearing.
Civil procedure — Assessment of damages — Registrar's dismissal based on wrong prior judgment — Misdirection — Default judgment awarding punitive/exemplary damages — Matter remitted for Registrar's hearing.
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8 December 2023 |
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Where statute does not specify mode, recovery of rent arrears and notice pay may be commenced by writ of summons.
Landlord and Tenant (Business Premises) Act — Rule 3 — mode of commencement — originating notice of motion applies only to matters specified in the Act; recovery of rent arrears and notice pay not covered — where statute silent, Order 6 High Court Rules (writ of summons) applies — appellate correction of erroneous dismissal.
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8 December 2023 |
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Whether the Administrator-General is liable for refunds from a void sale when the purchaser failed to exercise due diligence.
Succession and land law — validity of sale by revoked administrator — bona fide purchaser and constructive notice — duty to obtain court authority under s.19(2) Intestate Succession Act — Administrator-General liability and devastavit — costs follow the event.
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8 December 2023 |
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Full court dismissed motion because the applicant brought it as an appeal rather than the required renewal, so merits were not considered.
Civil procedure — Renewal of applications from single Judge to full court — Section 9(b) Court of Appeal Act and Order 10 r.2(8) CARs — Procedural competence — Application dismissed for being presented as an appeal rather than a renewal — Merits not considered.
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8 December 2023 |
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Expelled members who abandon challenge to their expulsion lack locus standi to contest association elections.
Civil procedure — Locus standi — Expelled association members — Abandonment of challenge to expulsion — Standing to challenge internal elections; Association constitution — Article 5.9 (d),(e),(f),(g) — Procedure for removal, interim administration and candidate eligibility; Appeal — Preclusion from merits where standing absent.
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8 December 2023 |
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Court of Appeal lacks jurisdiction; appeals from the Competition and Consumer Protection Tribunal lie to the High Court.
Civil procedure – Appealability – Jurisdiction – Whether Court of Appeal may hear appeals from Competition and Consumer Protection Tribunal – Section 75 Competition and Consumer Protection Act – Appeals to High Court.
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8 December 2023 |
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Subordinate Court lacked jurisdiction over titled land; owner's title upheld and occupier's damages set aside.
Jurisdiction – Subordinate Court power over titled land; Certificate of title conclusive evidentiary weight; Possession actions — correct defendant is occupant; Occupier without title not entitled to damages; Procedural defects and nullity for want of jurisdiction.
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4 December 2023 |
| November 2023 |
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Delay and failure to prosecute barred setting aside judgment; stolen goods doctrine made appellant liable for conversion.
Civil procedure – setting aside judgment – inordinate delay; Counsel’s withdrawal – no documentary proof required of attempts to obtain instructions; Conversion/stolen goods – buyer from thief acquires no title; Market overt exception; Abuse of process and sleeping on rights.
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30 November 2023 |
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Interim injunction discharged where applicant failed to show a prima facie case or irreparable harm against non‑signatory appellant.
Injunctions — American Cynamid factors — requirement of a serious question to be tried; adequacy of damages; balance of convenience; clean hands. Party‑status to contractual documents — necessity of establishing prima facie case against specific defendant. Exploration licence v. mining activities — material non‑disclosure may affect equitable relief but did not save respondent here.
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24 November 2023 |
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Appeal dismissed for lack of jurisdiction; appellant should have renewed the injunction application before a single judge.
Civil procedure – interlocutory injunction – appealability – renewal application to a single judge of the Court of Appeal required after refusal; Jurisdiction – appellate procedure – improper route defeats appeal; Property law – interest in land – adequacy of damages argued but not determined.
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24 November 2023 |
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An on‑demand guarantee gives rise to an independent cause of action; suing guarantors did not constitute abuse of process.
Civil procedure – Abuse of court process – Multiplicity of actions – Piecemeal litigation – Risk of conflicting decisions; Contract/Guarantees – Unconditional (on‑demand) guarantee – Liability arises on demand; Counterclaims and consolidation – when appropriate.
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24 November 2023 |
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Charging 8% monthly and compounding interest violated the Money Lenders Act; foreclosure inappropriate where sale governs remedy.
Money Lenders Act – interest cap (48% p.a.) – excessive interest (96% p.a.) unlawful; prohibition of compound interest; effect of illegality on related contract of sale; equitable mortgage – foreclosure v. specific performance; validity of restructured loan lacking proof of disbursement; enforceability of written sale and assignment.
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24 November 2023 |
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Non-registration of letters of administration renders them void but the defect is curable by court discretion; case remitted for trial.
Lands and Deeds Registry Act – registration of letters of administration – s.5(3) and s.6 – effect of non-registration; Curable procedural defect – court’s discretion to extend time under s.6 and Order XVI Rule 1; Locus standi of administrators where interest in land persists.
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24 November 2023 |
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A trial de novo does not bar amendment of pleadings; amendments allowed unless they cause irremediable prejudice, appeal remitted.
Civil procedure – trial de novo – meaning and scope; amendment of pleadings – Order 18 R.1 High Court Rules; amendments allowed unless prejudicial; remittal for reconsideration.
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24 November 2023 |
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Appeal substituted manslaughter conviction and ten‑year sentence for an original murder conviction and death sentence.
Criminal law — Provocation and self‑defence — failed defences and extenuation — proportionality of retaliation — murder v manslaughter — confession and unsworn statement — substitution of conviction and sentence.
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23 November 2023 |
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The applicant's rape conviction and 25-year sentence upheld: corroborative medical and eyewitness evidence and gang-rape aggravation justified the outcome.
Criminal law — Rape — Corroboration by distressed condition, medical report and eyewitnesses; identification and alibi; appellate review of sentence; gang-rape as aggravating factor.
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23 November 2023 |
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The appellant failed to establish entitlement to security for costs; only the extraneous remarks in the High Court ruling were set aside.
Civil procedure — Security for costs — Criteria and discretion to order security; Order XL r.7 High Court Rules and Order 23 (White Book) considerations; weighing stifling of litigation versus recovery of costs; residence and change of address; disposing on documents under Order XXX r.6(A) and consent; appellate review of extraneous findings.
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23 November 2023 |
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Court refused no‑case‑to‑answer; found prima facie case of contempt against three alleged contemnors for breaching the ex parte stay.
Civil contempt — committal proceedings — sufficiency of Notice of Motion and supporting affidavit — service and penal notice issues previously determined — prima facie test for case to answer — evidence of attempted takeover, PACRA changes and bank letter constituted prima facie contempt.
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23 November 2023 |
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Appeal against murder conviction and capital sentence dismissed; provocation and extenuating circumstances not established.
Criminal law — Murder — Credibility and corroboration of witnesses; Suspect witness rule — Warn-and-caution/confession statements not evidential unless produced; Provocation — elements (provocative act, loss of self-control, proportionate retaliation) required for manslaughter or mitigation.
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23 November 2023 |
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Appeal over allocation of subcontract payments and judge’s intrusive conduct; gate motor cost properly deducted from contractor’s balance.
Construction/subcontract — allocation of payments between concurrent projects — admissibility and weight of payment vouchers; Civil procedure — judicial intervention during trial and proper role of judge in examining witnesses; Contract law — deduction/set-off for contract items not performed (gate motor); Appeal — scope for disturbing trial findings of fact where perverse or unsupported by evidence.
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23 November 2023 |
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Applicant failed to show satisfactory cause or a prima facie defence to set aside default judgment; appeal dismissed with costs.
Civil procedure – setting aside default judgment; appearance and defence to counterclaim – Order XI(1)(3) HCR; obligation to file within prescribed time; arguable defence requires prima facie evidence (Clayton test); bare denial insufficient; inexcusable delay and duty to monitor counsel.
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23 November 2023 |
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Frustration of a development project does not discharge mortgage repayment obligations nor stop interest; appeal dismissed.
Contract law – frustration of performance of a land-development financing facility; Mortgages – limited effect of frustration on borrower’s personal covenant to repay and on running interest; Estoppel/waiver – irrevocable undertaking and third‑party payments did not extinguish mortgage or create novation; Civil procedure – discretion on period for redemption and foreclosure.
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23 November 2023 |
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Impecuniosity does not justify extension under section 85(3); settlement talks do not suspend the 90‑day limit.
Industrial and Labour Relations Act s85(3) – extension of time – discretion – sufficiency of reasons – impecuniosity not a valid ground – ex curia/settlement discussions do not suspend statutory time limit – promptness of application required.
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23 November 2023 |
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Recent-possession alone was insufficient to uphold convictions for four appellants; ballistic and recovered-property evidence upheld two convictions.
Criminal law – aggravated robbery – circumstantial evidence – recent possession doctrine – inference of guilt – ballistic linkage – admissibility and weight of police seizure evidence – appellate review of inconsistencies.
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23 November 2023 |
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Deliberate strangulation and suffocation established malice; the appellants' appeal against murder convictions and death sentences dismissed.
Criminal law — Murder — Malice aforethought — Strangulation and suffocation as proof of intent/knowledge — Manslaughter distinguished — Extenuating circumstances under s.201 Penal Code — Evidence and sentencing.
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23 November 2023 |
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Appeals largely dismissed; 2nd appellant's conviction quashed due to unsafe identification by a single fleeting witness.
Criminal law – identification evidence – eyewitness reliability; single identifying witness and fleeting glimpse – mistaken identification – suspect witnesses and potential bias – fairness of identification parade – alibi credibility – common purpose liability.
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23 November 2023 |
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Extension to seek leave to appeal refused for failure to justify delay and show a meritorious intended appeal.
Court of Appeal — Extension of time to seek leave to appeal to the Supreme Court — Order 8 rule 3(1)(a) — Court of Appeal Act s.13 meritorious threshold — justification for delay — repetition of previously determined grounds — dismissal for want of merit.
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23 November 2023 |
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Appellate court reverses wrongful/unfair termination finding, holding employer’s probationary assessment and dismissal for misconduct justified.
Industrial and Labour Relations Act – jurisdiction and delay; Civil procedure – affidavit evidence v viva voce evidence; Employment law – probationary assessment (s27(2) Employment Code Act); Employment law – valid reasons for termination (s52(1) Employment Code Act) – misconduct, dishonesty and misuse of company resources; Appellate review – unbalanced evaluation of evidence; Quantum of damages – departure from normal measure (academic where termination justified).
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23 November 2023 |
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Appellant failed to prove misrepresentation or undue influence; equitable mortgage and foreclosure orders upheld; COVID-19 did not alter contractual repayment obligations.
Contract law – loan agreements – requirement to plead fraud/misrepresentation with particularity; borrower’s obligation to obtain independent legal advice (distinguished from guarantor); COVID-19 does not automatically vary contractual repayment obligations; equitable mortgage by deposit of title deeds – foreclosure, delivery and sale; interest awards – High Court Rules and Judgment Act.
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22 November 2023 |
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Renunciation by a co-administrator can vest sole capacity in the remaining administrator to prosecute an appeal; capacity is for the appeal, not preliminary objection.
Succession law – joint administrators – capacity to sue and appeal – renunciation of administratorship – Section 20 Intestate and Testate Succession Act – preliminary objection vs merits.
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22 November 2023 |
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Appellate court set aside High Court ruling after finding interlocutory matters were previously determined and procedural errors occurred.
Civil procedure – interlocutory applications – res judicata – re‑determination of matters already decided by Deputy Registrar and Judge – notice of intention to raise preliminary issues – setting aside High Court Ruling.
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22 November 2023 |
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A court should not refer parties to arbitration where the existence or validity of the contract containing the arbitration clause is disputed.
Arbitration Act s.10 – stay and refer to arbitration – court must be satisfied arbitration agreement valid; Arbitration clause separability – limits where underlying contract is disputed; Allegations of fraud/forgery/illegality – disputes as to existence of contract to be tried, not pre‑determined at interlocutory stage; Referral to arbitration inappropriate where agreement is contested.
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22 November 2023 |
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Interest on judgment must be computed per annum under Order XXXVI Rule 8; monthly computation was erroneous.
Interest on judgment — computation per annum under Order XXXVI Rule 8; Registrars' assessment — requirement to state reasons; Judgments Act — rate after judgment (Bank of Zambia policy/lending rate); inclusion of unpaid leave in principal; proper formula for interest calculation.
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22 November 2023 |
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Part payment can convert a stated "intent" into a binding land sale contract; unresolved triable issues remitted for trial.
Contract of sale of land – Statute of Frauds s.4 – written memorandum versus statement of intent – part payment/consideration converting intent into binding contract – preliminary determination inappropriate where triable issues remain – remittal for trial.
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22 November 2023 |
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Res gestae wrongly admitted, but admissible leading and circumstantial evidence sustain the murder conviction.
Criminal law — Evidence: res gestae/dying declarations — contemporaneity and spontaneity required; Leading and demonstration — warning and voluntariness; Circumstantial evidence — discovery of real evidence and inference of guilt; Murder vs manslaughter — malice aforethought.
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22 November 2023 |
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Contract expired and was not extended; no quantum meruit recovery without evidence of requested services or benefit.
Contract law – expiry by effluxion of time – renewal negotiations – implied or tacit extension by conduct; Quantum meruit – requirement of request/benefit and implied promise to pay; Evidence – negotiation correspondence and scope of contracted services; Remedies – dismissal where no post-expiry benefit shown.
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22 November 2023 |
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Order 30 Rule 1 permits appointment of a receiver and ancillary injunctions; Corporate Insolvency Act s.4 pertains to charged property only; appeal dismissed.
Civil procedure — appointment of receiver — Order 30 Rule 1 (Rules of the Supreme Court) governs mode of application and ancillary injunctions; Corporate Insolvency Act (sections 4–5) applies to receivers over charged property; unsecured debts do not engage section 4; late filing of respondent's heads expunged; appeal overtaken by subsequent default judgment and garnishee order.
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22 November 2023 |
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Refusal of an adjournment was defensible, but immediate dismissal for want of prosecution was excessive and set aside.
Civil procedure – Adjournments – discretionary refusal where no compelling or exceptional circumstances shown – formal notice requirements – failure to file notice and mere courtesy to opposing counsel insufficient – Dismissal for want of prosecution is a draconian remedy to be exercised sparingly; rules permit costs/hearing fee rather than immediate striking out – balance between right to be heard and expeditious disposal of cases.
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22 November 2023 |
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Entry of judgment on admission was premature where admissions were unclear, evidence untested and triable issues existed.
Commercial Division — Judgment on admission — Order 53 rule 6 — Admissions must be clear, unequivocal and unconditional — Burden of proof before entering judgment without trial — Scheduling conference not a substitute for tested evidence — Limitation/part-payment issues to be resolved on evidence at trial.
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22 November 2023 |