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Citation
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Judgment date
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| April 2023 |
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An action to recover land was statute-barred because the cause of action accrued at the 2004 transfer and limitation ran notwithstanding the deceased's death.
Limitation of actions – recovery of land – accrual of cause of action at time of challenged transfer – personal representatives stand in deceased’s shoes for limitation purposes – fraud or mistake must be specifically pleaded to delay limitation – adverse possession irrelevant where registered title exists.
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29 April 2023 |
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Personal representatives cannot sue to recover land after the 12‑year limitation where the right to challenge accrued during the deceased's life.
Limitation of actions – recovery of land – accrual of cause of action when transfer effected – personal representatives stand in deceased's shoes for limitation purposes – registered title and adverse possession – annulment of marriage does not automatically vitiate certificate of title.
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26 April 2023 |
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Unauthenticated, unsupported sales journals were insufficient to prove special damages; appeal dismissed.
Civil procedure – assessment of damages; special damages – burden of proof and requirement of corroboration; authenticity of handwritten sales journals; appellate restraint on interfering with discretionary damage awards.
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26 April 2023 |
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Failure to file record within extended time was inexcusable; full court discharged single-judge order and dismissed appeal for want of prosecution.
Civil procedure — Application to vary/discharge single judge's ruling — Section 9(b) Court of Appeal Act and Order 10(2)(8) CARs — Dismissal for want of prosecution — Birket v. James test — Inordinate and inexcusable delay — Effect of conducting applications out of sequence.
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26 April 2023 |
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Failure to show irreparable harm from administratrix holding estate shares; injunction denied and appeal dismissed.
Intestate succession – interlocutory injunction – irreparable injury and adequacy of damages – risk of dissipation of estate shares – Companies Act s.190 transmission of shares – administratrix' duty to account.
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26 April 2023 |
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A limitation defence is jurisdictional, may be raised anytime, and the dismissal was time-barred and correctly upheld.
Limitation of actions – accrual of cause of action – statute-barred defence is jurisdictional and may be raised at any time – appellate review of factual findings – dismissal on jurisdictional grounds.
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26 April 2023 |
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Appeal dismissed: action not res judicata, not statute‑barred; third‑party/equitable mortgage proven; foreclosure upheld.
Civil procedure – res judicata – when prior judgments must have determined the same specific security; Limitation law – actions to recover money secured by mortgage governed by 12‑year limitation; Property/mortgage law – equitable mortgage may be constituted by deposit of title deeds; jurisdiction and functus officio – court may hear matter where specific security not previously adjudicated.
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26 April 2023 |
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Purchase order must be read with the accepted quotation; defective ladders breached merchantability, allowing the respondent to reject payment.
Contract formation – purchase order versus tender/accepted quotation; Parol evidence rule – exception where written instrument is not whole agreement; Sale of Goods Act s.14 – implied condition of merchantable quality and fitness for disclosed purpose; Rejection of goods – oral notice can be sufficient; Appellate review – factual findings not disturbed absent misapprehension.
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26 April 2023 |
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Failure to authenticate sales journals defeated the claim for special damages; appellate court upheld token award and dismissed appeal.
'Special damages' — proof and standard of certainty; authenticity of accounting records; handwritten sales journals lacking receipts or bank deposits; appellate review of damages assessments; token awards where evidence is meagre.
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26 April 2023 |
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Whether refusing an interlocutory injunction was justified where administratrix held ascertainable estate shares allegedly risking irreparable harm.
Interlocutory injunction — irreparable harm — adequacy of damages; Administration of estate — transmission of shares — s.190 Companies Act inapplicable; Risk of dissipation — requirement to plead threats; Appeal procedure — confined to grounds in memorandum of appeal.
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26 April 2023 |
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Extension of time refused where applicant failed to justify delay and show the intended appeal met statutory merits threshold.
Criminal appeal procedure – extension of time to apply for leave to appeal – applicant must justify delay and demonstrate intended appeal meets statutory threshold (point of law of public importance, public interest, reasonable prospects of success, or other compelling reason) – change of DPP not a sufficient excuse where Acting DPP available.
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26 April 2023 |
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Court of Appeal affirms that review under Order XXXIX(1) is discretionary, requires sufficient grounds, and upheld dismissal for premature, multiplicity-based proceedings.
+ Civil procedure – Review of own judgment – Order XXXIX(1) High Court Rules – discretionary power – sufficient grounds required; one ground: material evidence not available despite due diligence.
+ Civil procedure – Multiplicity of actions – pending subordinate court appeal arising from same facts – premature proceedings and abuse of process.
+ Costs – award to successful party not a ground for review; remedy by appeal.
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25 April 2023 |
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Delay of one year nine months in serving the Record of Appeal without court-ordered extension justified dismissal for want of prosecution.
Civil procedure – Appeal procedure – Service of Record of Appeal and heads of argument – Order X r.9(9) – Requirement to serve within 14 days – Failure to obtain extension under Order XIII r.3 – Service out of time null and void – Dismissal for want of prosecution – Costs.
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25 April 2023 |
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Members were jointly liable and mortgage securities enforceable despite the association being the contractual borrower.
Civil procedure – originating summons – fraud allegation must be specifically pleaded and particularised; Loan law – association as borrower but members bear joint and collective liability under contract and implementation rules; Security law – mortgage deeds and personal guarantees enforceable where implementation rules required collateral; Foreclosure – foreclosure judgment upheld.
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25 April 2023 |
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Whether a trial judge properly refused review under Order XXXIX(1) given alleged fresh evidence and a pending related appeal.
Civil procedure – Review under Order XXXIX(1) – discretionary power requiring sufficient grounds; fresh evidence (unavailable despite due diligence) a recognised ground but not the only one – Prematurity and multiplicity of actions where parallel appeal pending – Costs awarded to successful party not ground for review.
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25 April 2023 |
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25 April 2023 |
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Public funds under the Environmental Protection Fund are subject to the State Proceedings Act 6% interest cap; 13% award set aside.
State Proceedings Act s20 — statutory cap on interest payable from public funds (6%); Public Finance Act — definition of "general revenues" and "public funds"; Environmental Protection Fund monies held to be public funds; assessment of post‑judgment interest on foreign currency judgment; appellate review of erroneous interest awards.
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24 April 2023 |
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Whether accrued pension rights survive summary dismissal and whether awarding them alongside damages constitutes double compensation.
Employment law – unfair and wrongful dismissal; disciplinary sanctions – proportionality; collective agreement applicability; accrued pension rights and portability; pension scheme regulation; remedies distinctness (accrued benefits vs damages).
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24 April 2023 |
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Presence in a group and an admitted co-accused's confession do not suffice to establish common purpose for murder without cogent supporting evidence.
Criminal law — Common purpose doctrine — Sufficiency of circumstantial evidence — Res gestae hearsay exception — Identification and participation required for joint liability.
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23 April 2023 |
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Presence with an assailant and an unspecific res gestae statement do not establish common purpose; convictions unsafe.
Criminal law — Common purpose — Evidence — Res gestae — Circumstantial evidence — Standard for inference of guilt
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23 April 2023 |
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Court granted stay of execution pending appeal to preserve the chiefdom's status quo without prejudice to parties.
Civil procedure — Stay of execution pending appeal — Discretionary remedy; good and sufficient grounds required; court may preview prospects of appeal; preserve status quo; chiefdom succession — nullification of installation; caretaker chief.
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13 April 2023 |
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Whether an agreement to submit disputes to international arbitration ousts court jurisdiction when the clause is alleged defective.
Arbitration Act s10 — validity and interpretation of arbitration clauses — court must ascertain whether clause is null, void, inoperative or incapable of performance — wording of clause to be studied (Audrey Nyambe) — contra proferentem only where ambiguity persists — stay and referral to international arbitration (seat London).
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6 April 2023 |
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Court reversed disciplinary findings, found procedural breach under Employment Code, awarded monetary damages and refused penal gratuity clause enforcement.
Employment law – summary dismissal – role of courts vs disciplinary tribunal – natural justice and statutory right to be heard (Employment Code s.52(3)) – admissibility/corroboration of leave approval evidence – unenforceability of penal gratuity clause.
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6 April 2023 |
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Whether a network-license holder is vicariously liable for an independent contractor's trespass absent a statutory non-delegable duty.
Vicarious liability – independent contractor – trespass to land – statutory duty (Section 63 ICT Act) – non-delegable duty – assessment of evidence.
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5 April 2023 |
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SI 58 removed conditional appearances; defendants must file a memorandum of appearance and defence before challenging a writ's validity.
Civil procedure – High Court Rules (Order 11 HCR) – Statutory Instrument No. 58/2020 deleting conditional memorandum of appearance – requirement to file memorandum of appearance and defence before applying to set aside writ for irregularity or want of jurisdiction – Order 11/21 HCR (setting aside service) preserved.
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5 April 2023 |