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Citation
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Judgment date
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| February 2024 |
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Appellant failed to prove breach against carrier; second respondent illegally detained goods, release ordered.
Contract and evidence – freight contract found to be with first respondent only; agency and authority – second respondent lacked documentary mandate to detain goods or lawfully claim freight/storage; burden of proof – plaintiff must prove contractual terms and loss; appellate review – will not disturb factual findings unless perverse or unsupported by evidence.
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29 February 2024 |
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29 February 2024 |
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29 February 2024 |
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29 February 2024 |
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29 February 2024 |
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An arbitration clause was held inoperative after lease expiry, so stay to arbitration was refused and the appeal dismissed.
Arbitration law – separability doctrine – arbitration clause may survive termination but can be inoperative where substantive contract expired and dispute concerns accrued arrears; Procedural law – reliance on repealed or incorrect statutory provision undermines applications; Property law – non-registration of a lease required by statute may render the document void; Civil procedure – discretion to refuse stay where arbitration agreement is null, inoperative or incapable of performance.
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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28 February 2024 |
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27 February 2024 |
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27 February 2024 |
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24 February 2024 |
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Appellate court upheld earlier title, found no proven fraud, and cancelled overlapping title No. 982.
Land law – Priority of title – Certificate of title conclusive under s.33 Lands and Deeds Registry Act – Fraud must be pleaded with particulars and strictly proved – Duty of due diligence by purchasers – Local authority as agent; Commissioner of Lands controls allocation – Injunctions and balance of convenience – Cancellation of overlapping title.
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23 February 2024 |
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Circumstantial evidence that the appellant assaulted the victim warranted murder conviction; appeal dismissed.
Criminal law – Murder – Circumstantial evidence – Causation – Novus actus interveniens – Credibility findings – Appeal against conviction
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23 February 2024 |
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23 February 2024 |
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23 February 2024 |
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23 February 2024 |
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23 February 2024 |
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23 February 2024 |
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23 February 2024 |
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23 February 2024 |
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21 February 2024 |
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20 February 2024 |
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20 February 2024 |
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20 February 2024 |
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20 February 2024 |
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18 February 2024 |
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Loan fully disbursed; default occurred before COVID‑19; BFSA s110 limits interest on non‑performing loans; assessment ordered.
:[
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16 February 2024 |
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15 February 2024 |
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15 February 2024 |
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14 February 2024 |
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12 February 2024 |
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12 February 2024 |
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9 February 2024 |