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Citation
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Judgment date
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| March 2023 |
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31 March 2023 |
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29 March 2023 |
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Appeal dismissed for failure to serve notice within 14 days and omission of crucial evidence from the record.
Court of Appeal Rules — Order X Rule 3(9) — mandatory service of notice and memorandum of appeal within 14 days; Order X Rule 6(a) — lodging record within 60 days; Interpretation and General Provisions Act s.35 — extension when deadline falls on Sunday; Record of appeal — omission of trial evidence and rulings — incompetence and dismissal; Costs in the cause.
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21 March 2023 |
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21 March 2023 |
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Application for leave to appeal denied: joinder/jurisdiction ground unfounded and no novel legal issues or prospects of success.
Civil procedure — Leave to appeal to Supreme Court — Joinder of parties and jurisdiction — Re-litigation of joinder rulings — Section 9(b) Court of Appeal Act — Certificate of search under section 23 Lands and Deeds Registry Act — Evidentiary weight of offer letters, receipts and advert — Costs.
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15 March 2023 |
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Stay pending appeal refused where High Court set aside prior ruling and no enforceable order remained to stay.
Civil procedure – stay of execution pending appeal – Order 36 Rule 10 High Court Rules – inquiry whether there is anything to stay – effect of High Court setting aside tribunal judgment – costs.
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15 March 2023 |
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Appeal dismissed: prolonged delay and failure to comply with court directions justified dismissal for want of prosecution.
Civil procedure – dismissal for want of prosecution – inordinate and inexcusable delay – failure to comply with court directions – triable issues do not excuse non-compliance – prejudice and risk to fair trial.
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15 March 2023 |
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Court permits amendment of incorrectly named appellant in appeal documents rather than setting aside the appeal.
Civil procedure — Court of Appeal — Misnaming of a party in notice and memorandum of appeal — Competence of appeal — Amendment permitted under Order X Rule 17(1) — Remedy: amendment preferred to setting aside at early stage.
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15 March 2023 |
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Respondent entitled to variation of the will to protect her interest in the matrimonial home and household goods.
Wills – Variation under s.20 Wills and Administration of Testate Estates Act – Reasonable provision for dependants – Customary marriage – Matrimonial home and family assets – Contribution to acquisition conferring equitable interest – Hardship as statutory test.
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14 March 2023 |
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Whether a written sale with a buy‑back clause is a mortgage and whether post‑conveyance payments must be refunded.
Property law — sale with buy‑back clause v mortgage — construction of written instruments; admissibility of parol/extrinsic evidence; restitution of post‑conveyance payments.
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14 March 2023 |