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Citation
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Judgment date
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| July 2024 |
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Appeal upheld partly: procedure was followed but charges lacked factual basis; six months' salary awarded.
Employment law – disciplinary procedure – wrongful dismissal (procedural) – substratum of facts – abuse of office and corruption require personal/monetary/material gain – inadequate evidence – damages awarded.
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31 July 2024 |
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Whether later private allocation of compulsorily acquired land proves the applicant's fraud claim to set aside prior judgments.
Civil procedure — Setting aside judgment procured by fraud — Requirement of fresh evidence proving conscious dishonesty at time of original trial — Allocation of compulsorily acquired land to private entities after judgments not per se proof of fraud — Lands acquisition; public purpose.
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30 July 2024 |
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Unobjected-to evidence of an exclusion clause in a transport quotation binds the insured and the insurer by subrogation.
Insurance law – Subrogation – insurer steps into insured’s rights but obtains no greater rights; Contract – incorporation of exclusion clause by quotation/notice and acceptance; Evidence – unpleaded matters admissible if led and not objected to; Carriage law – "owner's risk" exclusion effect on carrier liability.
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26 July 2024 |
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Counterclaim struck out as multiplicity where same parties and issues duplicated earlier proceedings; appeal dismissed and causes consolidated.
Civil procedure – multiplicity of actions – counterclaim struck out where same parties and same subject matter (Emergency Bail-Out Agreement and debentures) duplicated earlier proceedings; forum shopping disapproved; arbitration/jurisdiction point not determinative here; consolidation ordered.
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26 July 2024 |
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Court of Appeal finds trust deeds valid, appellant owner, respondent must account for rents and profits.
Trusts — validity and effect of unregistered trust deeds — transmission of shares and capacity to sue — evidentiary weight of certificates of title versus equitable trusts — duty to account for rents and profits — appellate review of interlocutory rulings.
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26 July 2024 |
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Where a valid arbitration agreement exists, the court must stay proceedings and refer the parties to arbitration, ousting its jurisdiction.
Arbitration law – validity and construction of arbitration clauses; unilateral/pathological arbitration clauses; Arbitration Act s.10 – duty of court to stay proceedings and refer to arbitration; effect of valid arbitration clause on jurisdiction to determine default judgment; setting aside default judgment rendered otiose where arbitration referral succeeds.
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25 July 2024 |
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E-mail formed a conditional contract (performance contingent on sale of rig); no partnership proven; damages set aside.
Contract — e-mail as agreement — condition precedent (sale of asset) suspending performance; Partnership — no evidence of partnership; Finding of lien perverse and set aside; Damages not proved; Counterclaims dismissed for lack of evidence.
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25 July 2024 |
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Court may amend proceedings and substitute parties suo motu after a corporate takeover to preserve justice, absent prejudice.
Civil procedure – locus standi – corporate takeover – substitution of parties; Court’s power to amend proceedings and substitute parties suo motu under High Court Rules (Orders 3, 16, 18); judicial notice of corporate status; prejudice and interests of justice in deciding remedy.
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22 July 2024 |
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A statutory anti‑corruption agency may be a "public prosecutor" and taint of property must be decided on full evidence, not interlocutory review.
Forfeiture law — public prosecutor — statutory anti‑corruption agency as prosecutor; Forfeiture proceedings — tainted property — merits issue not for interlocutory determination; Civil forfeiture — non‑conviction based — parallel to criminal proceedings; Abuse of process — forum shopping — not established by concurrent civil and criminal actions; Costs — discretionary; parties to bear own costs due to novel issues.
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22 July 2024 |
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Renewed application for leave to appeal filed after 14‑day limit was incompetent and dismissed; costs awarded to respondent.
Civil procedure — Leave to appeal — Renewed applications to a single judge — Order 10 Rule 2(1) Court of Appeal Rules — 14‑day time limit — Competence and jurisdiction — Failure to seek extension of time — Costs awarded.
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18 July 2024 |
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Non‑registration of a lease does not bar refund of a security deposit where a periodic tenancy exists; deposit cannot satisfy another company's debt.
Lease law – non‑registration under Lands and Deeds Registry Act – effect on enforceability; Security deposit – entitlement to refund where tenant vacated and premises cleared; Periodic tenancy created by possession and payment of rent despite unregistered lease; Separate legal personality of companies – limits on piercing the corporate veil; Pleadings and appellate practice – new issues not raised at trial generally cannot be raised on appeal; Extempore judgments – appropriate in straightforward cases.
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12 July 2024 |
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The respondent failed to prove the alleged USD183,017.98 debt; judgment entered for admitted USD70,100.98 and balance referred.
Commercial division – account reconciliation – burden of proof – sufficiency of documentary evidence – appellate review of perverse findings – adjournment discretion and case management – requirements of judgment writing – referral to Registrar for assessment.
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11 July 2024 |
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Appellants' challenge to the Registrar's damages assessment for wrongful execution dismissed for lack of specified errors and evidence.
Civil procedure — Appeal grounds — Order X r.9(2) Court of Appeal Rules — requirement to specify errors of law or fact; Damages — assessment — burden to prove special and general damages; Wrongful execution — exemplary damages; Appellate review — deference to Registrar's factual findings.
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11 July 2024 |
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Directors may be held personally liable under s175 CIA where company used to deprive a creditor of funds; charging order set aside.
Company law – Piercing corporate veil – Section 175 Corporate Insolvency Act – Intent to defraud creditors or improper use of corporate form suffices – Fraud not always required – Tracing and constructive trust – Charging orders under Order 50 Rule 1.
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4 July 2024 |
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Employer's failure to conduct mandatory consultation under s.55(2) made redundancies wrongful; 12‑month damages reduced to three months.
Employment law — Redundancy — Mandatory consultation under clause 22.8(b),(g) and s.55(2) Employment Code Act — failure to consult is a breach and renders redundancy wrongful/unlawful — parties cannot contract out of statutory mandatory procedure — damages may exceed notice period where special factors; appellate reduction of excessive award.
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4 July 2024 |
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Absence of the required digital confirmation/ticket meant the appellant failed to prove a valid lottery entry or entitlement to the jackpot.
Contract formation – Online lottery entries – requirement of electronic confirmation/ticket – payment confirmation alone insufficient; burden of proof on claimant to prove valid entry; electronic transaction logs and terms prevail.
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4 July 2024 |