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Citation
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Judgment date
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| April 2024 |
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An appeal outside an employer's grievance procedure does not suspend the 90-day limitation; three-year delay was inordinate and leave denied.
Labour law – limitation under s.85(3) ILR Act – exhaustion of internal administrative channels – time runs from exhaustion – leave to file out of time requires good cause; pursuing external/unavailable channels does not suspend time.
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30 April 2024 |
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Court upheld order for security for costs against liquidated plaintiffs but reduced the quantum and upheld setting aside improper/duplicative subpoenas.
Civil procedure — Security for costs — Discretion to order security under Order 40 r.7 — Companies in liquidation prima facie unable to pay costs — Quantum of security requires supporting draft bill of costs; Court may vary — Subpoena ad testificandum — Setting aside where oppressive, irrelevant or duplicative — Personal service requirement for subpoenas.
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23 April 2024 |
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Lower court erred in summary disposal under Order 14A; full trial ordered on disputed estate sale and title issues.
:[
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18 April 2024 |
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Appeal dismissed as incompetent for failure to renew extension‑of‑time application before a single judge under Order XIII r.3.
Civil procedure — Appellate procedure — Extension of time to appeal — Order XIII r.3 Court of Appeal Rules — Interlocutory applications to be renewed before a single judge — Leave to appeal out of time — Competence of appeal.
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17 April 2024 |
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Dismissal for want of prosecution upheld where plaintiff failed to comply with court orders and pay costs.
Civil procedure – dismissal for want of prosecution – failure to comply with court orders and pay costs – restoration and review – recusal and apparent bias – effect of earlier judges’ orders on subsequent procedural rulings.
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17 April 2024 |
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Consent judgments bind parties; writs issued by non-parties are irregular; post-judgment costs not recoverable if not agreed.
Civil procedure – consent judgment binding on parties; writ of Eligit issued by non-party – irregularity and lack of locus standi; post-judgment interest and costs not recoverable unless agreed in consent judgment or ordered by court.
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17 April 2024 |
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A clear, unambiguous admission supports judgment on admission; a counterclaim does not bar such judgment and may later be set off.
Civil procedure — Entry of judgment on admission (Order 21 HCR) — Admission must be clear, unequivocal and unconditional — Counterclaim is a separate action and does not prevent entry of judgment on an admitted claim — Foreign‑language document not fatal where admissions appear elsewhere on record — Set‑off against subsequent counterclaim award.
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12 April 2024 |
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An appeal against refusal of an interlocutory injunction is incompetent; the proper remedy is renewal before a single judge.
Civil procedure — appealability — refusal of interlocutory injunction — lack of jurisdiction to appeal — remedy to renew application before a single judge (Afritec) — incompetent appeal — alternative objection on defective record rendered otiose.
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12 April 2024 |
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A former discharged receiver is not automatically a properly joined party to set-aside proceedings; the company, not the receiver, bears liability.
Civil procedure – misjoinder (Order 14 rule 5 HCR) – Whether a former receiver discharged before execution of a consent order is likely to be affected by proceedings to set it aside. Company law – receiver deemed agent/officer of company – company liable for receiver’s contracts and acts once receivership ends.
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12 April 2024 |
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Conviction for defilement upheld as opportunity and medical evidence corroborated the child’s account; sentence reduced from 25 to 15 years.
Criminal law — Defilement — Child witness evidence — Corroboration — Opportunity as corroborative evidence; Burden of proof — No obligation on accused to disprove prosecution case; Sentencing — Appellate reduction for excessiveness.
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12 April 2024 |
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Appeal upholds transport contract and balance owing, sets aside penal 15.59% interest, awards LIBOR interest, and dismisses storage/VAT claims.
Civil appeal — Court of Appeal rules — form of grounds of appeal; locus standi — validity of cession/substitution; contract characterization — transport contract v. joint venture; recovery of unpaid contract balance; penal interest — illegality of high stipulated rate and substitution with LIBOR; liability for storage, VAT and warehouse repairs.
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12 April 2024 |
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Court of Appeal set aside summary-dismissal; ordered conversion to writ where substantive factual disputes exist.
Civil procedure – Order 113 (summary possession) – suitability where defendant asserts genuine claim of right; Order 28 r.8 – converting originating summons to writ; limitation on deciding merits on affidavit evidence; res judicata and stare decisis—procedural safeguards.
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11 April 2024 |
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An appeal against refusal of an interlocutory injunction must be renewed before a single judge, not heard by full bench.
Procedure – Interlocutory injunctions – Appeal route – Refusal by High Court should be renewed before a single judge of the Court of Appeal; jurisdictional bar to full-bench appeal; substantive merits not considered; fair comment defence.
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11 April 2024 |
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Appeal dismissed: interlocutory injunctions must be renewed before a single judge of the appellate court, not pursued as a full-bench appeal.
Civil procedure — interlocutory injunction — appeal or renewal — jurisdictional requirement that interlocutory injunctions be renewed before a single judge of the appellate court; Defamation — allegation of fair comment defence — procedural proper pleading and evidence; Appeal dismissed for procedural impropriety.
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11 April 2024 |
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Appeal dismissed for non‑compliance with mandatory Court of Appeal Rules; consolidation application also dismissed with costs.
Civil procedure — Court of Appeal Rules (Order 10 Rule 9(2)) — memorandum of appeal must be concise and non‑narrative; non‑compliance renders appeal incompetent. Res judicata and limitation issues raised below not reached where procedural non‑compliance compels dismissal. Consolidation inappropriate where one appeal is dismissed or lower proceedings are final. Pro se litigants bound by court rules.
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10 April 2024 |
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Interlocutory stay upheld to prevent conflicting decisions where veil-piercing proceedings may affect caveat removal.
Civil procedure – interlocutory stay of proceedings under Order 3 Rule 2 – stay to prevent conflicting decisions – corporate veil piercing and caveat removal – service of interlocutory application and ambush – appellate review of matters not raised below.
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10 April 2024 |
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Amendment to include a loan-funded vehicle claim in originating summons allowed as arising from same transaction, appeal dismissed.
Civil procedure — amendment of originating summons — mortgage actions — Order 18 amendments to determine real questions — avoidance of multiplicity of actions — section 13 High Court Act — claims arising from same transaction.
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10 April 2024 |
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Forensic ballistic evidence undermining eyewitness identification rendered the conviction unsafe; conviction quashed and appellant acquitted.
Criminal law – unsafe conviction; corroboration of interested witnesses; forensic ballistic evidence identifying firearm; causation and medical negligence; appellate quashing of conviction; dismissal of cross-appeal against sentence.
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10 April 2024 |
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Res judicata bars the appellants’ challenge where alleged misrepresentation and entity separateness could have been raised in the earlier mortgage action.
Civil procedure — res judicata — multiplicity of actions — matters existing at time of first judgment and opportunity to litigate — trading as versus separate legal entities — finality of litigation.
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9 April 2024 |
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Whether later re-engagement as employees alters original subcontractor status; court enforces original written agreements.
Labour law – employment v independent contractor – contractual interpretation – intention of parties – effect of later Labour Commissioner finding and subsequent employment contracts – admissibility of extrinsic evidence to vary written agreements.
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9 April 2024 |
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Application for stay pending appeal dismissed for lack of special circumstances and weak prospects of success.
Civil procedure – stay of proceedings pending appeal – discretionary equitable relief – requires special circumstances, prospects of success or risk of rendering appeal nugatory – question whether action was properly commenced under Order 113 RSC versus writ – multiplicity of actions and joinder of interested parties.
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9 April 2024 |
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Failure to file lists under Order 11 Rule 1 is curable; striking out pleadings absent express sanction was erroneous.
Civil procedure – High Court Rules Order 11 Rule 1 – requirement to file list/description of documents and list of witnesses with defendant’s pleadings – failure to file is a curable defect – court cannot imply striking-out sanction absent express rule – remedial direction to file within fixed time – costs awarded for non-compliance.
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5 April 2024 |
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Court set aside Registrar’s assessment for failing to follow the trial Judge’s adjudication and misapplying account evidence.
Civil procedure — assessment by District Registrar — Registrar must follow trial judge’s directions — mislabelled affidavit — enforcement of judgment for loan debt — contractual and compound interest — Banking and Financial Services Act s.109 — recoverable charges and legal costs.
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5 April 2024 |
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Arbitration clauses in some contracts cannot be enforced against all co‑claimants in a group action without evidence of agreement.
Arbitration law – stay under Section 10 – applicability of standard-form dispute resolution clauses – group actions and common interest – incapability to perform arbitration clauses where not all parties agreed.
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5 April 2024 |
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Whether a two‑tier arbitration clause with a 30‑day referral period is inoperative where parties fail to refer within that time.
Arbitration Act s10 — stay of proceedings — multi‑tier dispute resolution clause — contractual time limit for referral (30 days) — time‑limited arbitration clause becomes inoperative if not actualized — court may refuse stay when arbitration agreement inoperative.
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5 April 2024 |
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Lower court improperly discharged and set aside ex-parte leave for judicial review and contempt without affording a hearing.
Judicial review — leave to apply (Order 53) — leave not to be discharged ex parte except on clear grounds; Contempt/committal proceedings — Order 52 — ex-parte orders are final and not susceptible to summary set-aside; Natural justice — right to be heard; Judge should not act as both prosecutor and judge.
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5 April 2024 |
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5 April 2024 |