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Citation
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Judgment date
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| September 2024 |
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4 September 2024 |
| August 2024 |
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29 August 2024 |
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26 August 2024 |
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25 August 2024 |
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A non‑customer signatory cannot claim a bank’s Quincecare duty; alleged loss was too remote and strike‑out was proper.
Banking law – negligence – duty of care – Quincecare duty – third‑party signatory – remoteness and foreseeability – strike out for failure to disclose reasonable cause of action.
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22 August 2024 |
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Identification by victim’s daughter, uninvestigated alibi, and circumstantial/common-purpose evidence upheld conviction.
Criminal law – identification evidence – witness related to victim – opportunity to observe and bias; Criminal procedure – alibi – police duty to investigate and dereliction of duty; Criminal law – circumstantial evidence – inference of guilt; Criminal law – common purpose liability (Sections 21 & 22 Penal Code); Corroboration by odd coincidence and independent witness evidence.
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22 August 2024 |
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A failed provocation defence can constitute extenuating circumstances warranting reduction of a capital sentence.
Criminal law – Murder – Sentencing – Extenuating circumstances – Intoxication: evidential and conduct-based assessment – Provocation: failed defence may still mitigate sentencing – Appeal against sentence – Reduction from death to fixed term.
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22 August 2024 |
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A trial judge may not dismiss an inter partes claim sua sponte or refuse relief without reasons; appeal allowed and matter remitted.
Civil procedure – requirement for reasoned judgments and rulings; dismissal sua sponte in inter partes proceedings; cause of action – sufficiency of pleadings; interim injunction applications; right to be heard.
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22 August 2024 |
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22 August 2024 |
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22 August 2024 |
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22 August 2024 |
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22 August 2024 |
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22 August 2024 |
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22 August 2024 |
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22 August 2024 |
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22 August 2024 |
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22 August 2024 |
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22 August 2024 |
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22 August 2024 |
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22 August 2024 |
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21 August 2024 |
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21 August 2024 |
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21 August 2024 |
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21 August 2024 |
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21 August 2024 |
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Credible identification by known eyewitnesses under moonlight upheld conviction despite an unverified alibi.
Criminal law – Identification evidence – Known witnesses and moonlight recognition – Alibi – Weight of unverified alibi – Appellate deference to trial judge credibility findings – Circumstantial evidence and motive not essential.
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20 August 2024 |
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Eyewitness identification and credibility findings upheld; alibi and investigative gaps did not raise reasonable doubt.
Criminal law – Murder; eyewitness identification; alibi; burden of proof beyond reasonable doubt; appellate deference to trial judge’s credibility findings; investigative omissions immaterial where evidence overwhelming.
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20 August 2024 |
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20 August 2024 |
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20 August 2024 |
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20 August 2024 |
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Murder conviction substituted with manslaughter where fatal injuries occurred during a fight; sentence set at five years.
Criminal law – Circumstantial evidence – Inference of guilt; Criminal law – Homicide: death in course of a fight – Manslaughter v. murder; Causation – necessity of evidential foundation for alternative causes of death.
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19 August 2024 |
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Circumstantial and medical evidence excluded suicide hypothesis; conviction for murder and death sentence upheld.
Criminal law - Murder - Circumstantial evidence — must exclude reasonable hypothesis of innocence; postmortem finding of asphyxia by strangulation supports homicide inference; conduct and opportunity of accused as corroborative circumstances.
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19 August 2024 |
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19 August 2024 |
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19 August 2024 |
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19 August 2024 |
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19 August 2024 |
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19 August 2024 |
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16 August 2024 |
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16 August 2024 |
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Court refused to dismiss the appellant's appeal for defective grounds but awarded costs to the respondent.
Appeal procedure – grounds of appeal – Order X r.9(2) CAR – non-compliance with rules (narrative/argumentative grounds) – jurisdiction – discretion to hear appeal despite defects – costs.
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15 August 2024 |
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Whether respondent bank conspired or breached a charge; court finds no bank liability and email did not waive charge.
Agency — agent's authority by conduct; Charge over bank account — enforceability and waiver by email; Conspiracy to defraud — requirement of combination and unlawful means; Unconscionability — setting aside oppressive interest clauses; Civil procedure — restraint on prolix heads of argument.
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14 August 2024 |
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A party seeking variation of a single judge’s decision must proceed by renewal, not by an appeal styled motion.
Civil procedure — Full court review of single judge decisions — Section 9(b) CAA and Order 10 r.2(8) CAR — Renewal of application to full court, not an appeal; procedural competence; registry clerical errors; consolidation and jurisdictional objections.
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6 August 2024 |
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A step-child born before the marriage and not adopted or maintained by the deceased is not entitled to the children's share under intestacy.
Intestate Succession Act - definition of "child" and "dependant" - step-child born before marriage - adoption requirement - entitlement to children's share of estate.
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6 August 2024 |
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6 August 2024 |
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Court held Order 14A cannot be invoked in originating motion proceedings absent a notice of intention to defend.
Procedure — Order 14A RSC — preliminary issues — mandatory requirement of notice of intention to defend — originating notice of motion vs writ proceedings — jurisdiction to determine questions of law without full trial — Rent Act matters — remittal.
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2 August 2024 |
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A disciplinary striking-off upheld for the appellant’s failure to account for client funds; Section 68 accountant’s report not mandatory.
Legal practitioners — disciplinary proceedings — failure to render account of client funds — Sections 52, 53 and 22 Legal Practitioners Act — Section 68 (accountant’s report) not determinative — procedural fairness — suspension pending disciplinary determination — standard of proof for dishonesty — striking off as sanction.
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1 August 2024 |
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Claim dismissed as statute-barred: cause of action accrued in 2011, negotiations did not suspend the limitation period.
Limitation of actions — accrual of cause of action — statutory six-year period — ex‑curia settlement negotiations do not suspend limitation — once time has expired court lacks jurisdiction.
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1 August 2024 |
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1 August 2024 |
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1 August 2024 |
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1 August 2024 |