Results.
36 judgments found.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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Appeal allowed: dismissal for want of prosecution was excessive; matter remitted for trial and costs awarded.
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Civil procedure — dismissal for want of prosecution; inherent jurisdiction; adjournments (Order 33 Rule 1, SI No.58 of 2020); discretionary case management; exceptional circumstances required for dismissal.
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27 June 2023 |
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Dismissal for want of prosecution requires exceptional circumstances; appeal allowed and matter remitted for trial.
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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 of 2011 applied to attested contracts and entitlement to subsistence and tools allowances.
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Employment law — Minimum Wages and Conditions of Employment (General) Order S.I. No.2 of 2011 — applicability to employees on specific attested contracts — conditions must be shown to be less favourable before S.I. applies; Burden of proof on employee to establish less-favourable contractual terms; Subsistence allowance — proof of days away and quantum required; Tools allowance — apparel not tools; smartphones claim unsupported without cogent evidence; Appellate intervention where trial court misdirects and makes defective referral for assessment.
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26 June 2023 |
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Whether a personal surety under an undated credit form covers rental liabilities and warrants joinder under Order 15 Rule 6.
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Joinder of parties — Order 15 Rule 6 RSC — addition of person necessary for complete adjudication; Surety agreements — construction of clause "or for any other cause"; Capacity of signatory — director versus personal surety; Effect of undated commercial document — not automatically void; Avoidance of multiplicity of actions.
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26 June 2023 |
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Appeal allowed where lower court misdirected in awarding gratuity for a period not supported by the evidence.
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Employment law — gratuity entitlement under contract and collective agreement — proof of payment (payment schedules, petty cash vouchers) — appellate review where lower court misdirects on material period — res judicata (s.85(6) Industrial and Labour Relations Act) limited by appeals.
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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.
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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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A certificate of title cannot be cancelled for alleged procedural impropriety or fraud absent specific, strict proof.
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Land law — Certificate of title — Conclusive proof of ownership — Fraud and procedural impropriety must be specifically pleaded and strictly proved; absence of offer letter not alone decisive; recommendation by local authority material to validity of allocation; customary land allegations require contemporaneous evidence.
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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.
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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.
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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.
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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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Whether a contractual restriction on subdivision survives issuance of title and is enforceable given the Lands and Deeds Registry Act.
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Property law — enforceability of restrictive contractual covenant against purchaser after issuance of certificate of title — Interaction of contract terms with Lands and Deeds Registry Act (ss. 33, 48, 54) — Summary disposal under Order 14A/1 — necessity of trial where factual questions arise.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |