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Citation
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Judgment date
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| June 2023 |
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Whether a commitment form could bind the purchaser and justify detention; demurrage quantum set aside and damages remitted for assessment.
Contract and Company law – enforceability of collateral commitment forms – consideration and past consideration; Agency and authority – employee signature and apparent authority; Property and remedies – wrongful detention/equitable lien not enforceable after change of ownership; Damages – quantum must be proved, remitted for assessment; Costs – discretionary awards following partial successes.
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30 June 2023 |
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Dismissed-for-misconduct employees are not retained on payroll under Article 189; gratuity and leave awards require assessment.
Constitutional law — Article 189(2) payroll retention — pension benefit defined — gratuity and terminal benefits — assessment of monetary awards by Registrar — limits where employee dismissed for misconduct.
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30 June 2023 |
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A beneficiary who is not a personal representative cannot be sued to render estate accounts; pursuing identical reliefs in another division is abuse of process.
Procedure — Order 14A application — summary determination of questions of law without full trial; Succession law — duties of personal representatives — beneficiary who is not a personal representative cannot be sued to render accounts or to pay estate liabilities; Civil procedure — abuse of process/forum shopping where identical reliefs pursued in different High Court divisions; Appellate procedure — mandatory compliance with filing rules; late heads of argument expunged.
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30 June 2023 |
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Whether courts may allow amended pleadings that replicate pending claims and manage multiplicity of actions without usurping another judge’s role.
Civil procedure – Amendment of pleadings – Permissible at any stage if it clarifies real issues, avoids prejudice and does not convert action’s character – Multiplicity of actions – Court’s case management powers to avoid conflicting judgments – Jurisdictional limits where related proceedings are pending before another judge.
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29 June 2023 |
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Appeal dismissed: dismissals were neither wrongful nor procedurally unfair, and discrimination was not proven.
Employment law — wrongful dismissal — disciplinary procedure and natural justice — hearing and predetermination; Employment law — discrimination — requirement to prove similarly circumstanced comparator; Procedural law — appellate restraint on factual findings.
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29 June 2023 |
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Whether an exclusion clause in a marketing licence precludes liability for alleged business losses and whether subsequent correspondence effected waiver.
Contract law — Marketing Licence Agreement — exclusion clause protecting supplier from liability for petroleum losses; waiver and variation of contract by correspondence; promissory estoppel/legitimate expectation not established; fundamental breach and maintenance obligations; duty to mitigate losses; rent arrears and costs discretion.
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29 June 2023 |
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Appellants' dismissal upheld: fair hearing occurred, disciplinary‑code deviations not fatal, discrimination not proven.
Employment law – wrongful dismissal – disciplinary procedure – natural justice (audi alteram partem) – deviation from internal disciplinary code not fatal if fair hearing provided – discrimination requires proof of being similarly circumstanced – appellate restraint on factual findings.
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29 June 2023 |
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Court allowed unopposed amendments but refused those concerning foreign property and duplicative claims, each party to bear own costs.
Civil procedure – amendment of pleadings – leave to amend defence and counterclaim – foreign land/jurisdiction – multiplicity of actions – discretion to allow amendments – requirement to give adequate reasons.
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29 June 2023 |
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Stay of execution granted where appellant demonstrated risk of irreparable business injury and appeal had prospects of success.
Civil procedure – stay of execution pending appeal; discretionary remedy; requirements: prospects of success and risk of irreparable injury; security/payment into court as conditionality; commercial judgment enforcement; bonded warehousing and business viability.
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29 June 2023 |
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Appellant's failure to file Record of Appeal within 60 days and seek extension warranted dismissal for want of prosecution.
Civil procedure — Appeal — Dismissal for want of prosecution — Failure to lodge Record of Appeal and Heads of Argument within 60 days — Order X Rules 6(a) and 7 — Service and proceeding in absence — Costs awarded to successful respondents.
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28 June 2023 |
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Appellant may pursue fresh proceedings over remaining land; res judicata and abuse of process did not apply.
Res judicata — threefold test (same cause/point, same parties, prior opportunity to seek remedy); Multiplicity of actions; Abuse of court process and forum shopping; Consent order limits; Dismissal on technical grounds versus determination on merits; Restoration of proceedings.
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28 June 2023 |
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Order 53 RSC governs judicial review; High Court Rules (S.I.58) were inapplicable and dismissal for missing affidavit was improper.
Judicial review — Procedure — Order 53 RSC governs; High Court Rules (S.I. 58) inapplicable to judicial review — affidavits: leave-stage affidavit is primary evidence — originating summons need not be accompanied by fresh affidavit as a matter of course — dismissal for non-compliance with High Court Rules was erroneous — matter remitted.
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28 June 2023 |
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Dismissal for want of prosecution requires exceptional circumstances; appeal allowed and matter remitted for trial.
Civil procedure — Dismissal for want of prosecution — Inherent jurisdiction — Exceptional circumstances required — Adjournments under SI No.58/2020 (Order 33 Rule 1) — Case management — Prejudice and fairness of trial.
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27 June 2023 |
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Whether S.I. No.2/2011 applies to attested contracts and entitles employees to subsistence and tool allowances.
Labour law — Application of S.I. No.2 of 2011 to attested specific contracts — "Less favorable" proviso — Burden of proof on alleged underpayment — Entitlement to subsistence and tool allowance (smartphones, apparel) — Appellate review for misdirection.
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26 June 2023 |
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Whether gratuity can be awarded where evidence shows prior payment and differing contract entitlements.
Labour law – gratuity entitlement – fixed‑term/short‑term versus permanent contracts – proof of payment and documentary evidence – section 85(6) I&LRA vis-à-vis appeals (s97) – appellate review where lower court considered wrong contractual period.
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26 June 2023 |
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Certificate of title is conclusive absent specifically pleaded, strictly proved fraud; cancellation set aside on appeal.
Land law – Certificate of title – Conclusive proof of ownership – Certificate cannot be cancelled absent specifically pleaded and strictly proved fraud; Fraud – Particulars and high standard of proof required; Procedural impropriety – Absence of offer letter alone insufficient to establish fraud; Allocation – Customary land allegation must be contemporaneous to allocation; Evidence – Findings of forgery require direct proof, not speculation.
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26 June 2023 |
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Application to stay execution filed outside the 14-day rule was jurisdictionally incompetent and dismissed with costs.
Civil procedure – Court of Appeal Rules, Order X Rule 2(1) – time limit for single-judge applications – jurisdictional consequence of filing outside prescribed 14-day period – applications filed late without leave are incompetent and dismissed.
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26 June 2023 |
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Joinder permitted where a broad surety clause raises triable issues and enables complete adjudication, appeal allowed with costs.
Civil procedure — Joinder of parties — Order 15 Rule 6 RSC (read with Order 14 Rule 5 HCR) — Construction of surety agreements — Scope of "goods sold and delivered or for any other cause" — Undated document not necessarily void — Triable issue to be determined at trial.
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25 June 2023 |
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Whether a contractual restriction on subdividing land survives issuance of a certificate of title requiring trial determination.
Contract of sale of land – restrictive covenant against subdivision – survival after issuance of certificate of title – interaction with Lands and Deeds Registry Act (ss 33, 48, 54) – locus standi – premature factual determinations on preliminary points of law.
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25 June 2023 |
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Certificate of title is defeasible for misdescription; cancellation for rectification was lawful and appeal dismissed.
Lands and Deeds Registry Act – certificate of title conclusive but defeasible – exceptions: fraud, impropriety, misdescription (s33, s34(1)(d)); land boundary disputes – misdescription and cancellation for rectification; pleadings – court must decide pleaded issues; appellate interference with findings of fact.
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22 June 2023 |
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An appeal filed before a decree nisi becomes absolute prevents its finalization; stay application unnecessary.
Matrimonial Causes Act s.43 – Decree nisi – Effect of appeal on making decree absolute – Appeal instituted before decree becomes absolute prevents finalization pending appeal; stay unnecessary.
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20 June 2023 |
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Leave to appeal on customary‑land consent and burden‑of‑proof grounds was refused for lack of public importance and prospects of success.
Court of Appeal Act s13(3) — leave to appeal to Supreme Court — point of law of public importance — reasonable prospects of success — customary land conversion — consultation versus consent — burden of proof — no compelling reasons for leave granted.
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16 June 2023 |
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A defective trial judgment cannot be cured by ordering the same magistrate to re-write it; retrial or acquittal are appropriate.
Criminal procedure – Section 169(1) Criminal Procedure Code – Requirements of a valid judgment (review of evidence, findings, reasons, decision, signature) – Appellate remedies for defective trial judgments – retrial or acquittal; ordering trial court to re-write judgment improper.
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16 June 2023 |
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Co-counsel from different firms must lodge separate bills of costs; one firm cannot file for another's work.
Costs taxation — Co-counsel — Whether advocates from different firms may lodge a single bill of costs — Order 62 r.29(7)(c) RSC — Guidance from Supreme Court Rules and Legal Practitioners (Costs) Order.
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15 June 2023 |
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The court allowed the applicant an extension to file appeal documents, finding the delay excusable despite advocate-client differences.
Civil procedure — Extension of time — Order XIII Rule 3(2) — filing Record of Appeal and Heads within 60 days — advocate-client differences — discretion to extend time — prompt application within 21-day period.
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12 June 2023 |
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Court discharged ex parte injunction, joined the intended respondent, denied premature reversal of title and penalised forum shopping.
Civil procedure – interlocutory injunction – joinder of parties – transfer of title – contempt proceedings to determine alleged breach – forum shopping as abuse of process – costs personally against counsel.
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8 June 2023 |
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Appellate court upheld trial finding of beneficial ownership where offer letter and supporting documents were unrebutted; fraud and ministerial cancellation not proved.
Land law – proof of beneficial ownership by purchase – evidentiary weight of offer letters, survey diagrams and payment receipts; administrative withdrawal of offers – effect of a general withdrawal letter; appellate review of factual findings – perversity standard; requirement to plead and prove fraud; interlocutory rulings not before the appeal.
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8 June 2023 |
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A purchaser with actual/constructive notice of State occupation is not a bona fide purchaser; title subject to State's interest.
Land law – ownership and title – bona fide purchaser for value without notice – constructive and actual notice – duty to make enquiries – equitable doctrine of notice – cancellation of improperly obtained certificate of title – claims for compensation and mesne profits arising from State occupation.
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8 June 2023 |
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Trial court wrongly entered judgment on admission; denial of entitlement to relief does not equal failure to traverse factual allegations.
Commercial procedure; Order 53/6 HCR; judgment on admission; traverse of pleadings; reliefs not factual allegations; court may act sua sponte in commercial matters.
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8 June 2023 |
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Appeal dismissed for want of prosecution where appellants failed to lodge the Record of Appeal within the required time.
Civil procedure — Appeal — Dismissal for want of prosecution — Failure to lodge Record of Appeal within 60 days (Order X Rule 6(a)) — Application under Order X Rule 7 — No application for extension of time — Nahar Investment precedent.
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7 June 2023 |
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A statutory one‑year disposal rule in industrial relations matters does not automatically deprive the court of jurisdiction.
Industrial and Labour Relations Act s85(3)(b)(ii) – statutory one‑year disposal period – jurisdiction – whether delay renders judgment a nullity; purposive interpretation of time limits; effect of Supreme Court decision (Citibank) overruling prior Court of Appeal authority (Guardall).
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7 June 2023 |
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Appellant entitled to possession; respondent not bona fide purchaser due to lack of enquiries and defective title.
Land law – bona fide purchaser for value without notice – constructive notice and duty of inquiry; proof of title and authenticity of sale documents; gift of land and equitable interest; appellate review of factual findings; issue raised first on appeal (limitation).
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2 June 2023 |