Results.
6 judgments found.
|
|
|
| May 2023 |
|
|
High Court may hear jurisdictional objections and must decide extension‑of‑time applications on merits where the time rule breached is regulatory.
-
Civil procedure — jurisdictional preliminary objections — inherent jurisdiction of High Court to determine jurisdictional issues; extension of time to appeal — regulatory vs mandatory rules — Section 25 Court of Appeal Act curable; appeal dismissed for procedural non‑compliance not automatically irremediable.
|
30 May 2023 |
|
Admission of fresh evidence on appeal against setting aside of an arbitral award is exceptional and was refused.
-
Arbitration—limited court intervention; Admission of fresh evidence on appeal—section 24(1)(b)(ii) Court of Appeal Act and Order 59 RSC; Ladd v Marshall criteria for fresh evidence; Section 17 Arbitration Act—setting aside awards on public policy grounds; Protection against re‑litigation of arbitral awards.
|
30 May 2023 |
|
Respondents failed to show points of law or prospects warranting leave to appeal or a stay; application dismissed with costs.
-
Civil procedure — Leave to appeal to Supreme Court (s.13 Court of Appeal Act) — Appeal must raise point of law of public importance or have reasonable prospects — Mortgage law — proof and registration of mortgage; substitution of equitable mortgage; procedure (chambers v open court) — Stay of execution in respect of dwelling house.
|
26 May 2023 |
|
A single judge lacks jurisdiction to rehear a final High Court order; subsequent consent orders and rulings are nullities.
-
Civil procedure — jurisdiction — single judge of Court of Appeal — rehearing vs appeal — consent orders — whether consent can confer jurisdiction — nullity of judgments made without jurisdiction.
|
23 May 2023 |
|
Court held respondents in contempt for meetings and publicity undermining a judgment installing the incumbent chief, imposing fines and prison terms.
-
Civil contempt — inherent power and Order 52 (White Book) — elements: proof beyond reasonable doubt and mens rea — acts undermining court judgment (meetings, letters, radio announcements) — inapplicability of Chiefs Act s.12 to civil contempt — sanctions: fines and short custodial sentences; discharge on purging.
|
16 May 2023 |
|
Court discharged longstanding ex parte injunctions, found issues not res judicata, and remitted the case for inter partes hearing.
-
Civil procedure — interlocutory appeal — res judicata — distinction between suing individual office-holder and institution of chieftaincy; affidavits sworn by counsel — limits on expunging whole affidavit; ex parte interlocutory injunction — urgency requirement and abuse of process where left unchallenged; substitution/standing after death of plaintiff; remittal for case management.
|
9 May 2023 |