Results.
23 judgments found.
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| November 2025 |
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A respondent under receivership lacks locus standi to sue; proceedings in its name are null and void.
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Receivership — locus standi — Company under receivership lacks capacity to sue independently; jurisdictional issue may be raised at any stage; proceedings and judgments made without jurisdiction are null and void.
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26 November 2025 |
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Court upheld interlocutory jurisdiction and granted an interim injunction to preserve disputed land pending set-aside proceedings.
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Civil procedure — interim injunction; jurisdiction to grant interlocutory relief in proceedings to set aside consent orders; American Cyanamid test; adequacy of damages in disputes over unique land; balance of convenience.
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24 November 2025 |
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Court stayed appeal pending determination of related Supreme Court applications to preserve judicial order and integrity.
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Civil procedure — Stay of proceedings — Interlocutory application pending Supreme Court determinations; leave to appeal — extension of time — judicial orderliness and integrity — inherent jurisdiction.
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19 November 2025 |
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Failure to hear an application for extension of time was procedural impropriety warranting reversal and a 14-day extension.
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Civil procedure — natural justice — procedural impropriety where court dismisses application without hearing parties — extension of time — excusable delay — appellate discretion.
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19 November 2025 |
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Court held the trial judge exceeded his mandate by severing a restraint clause without affording the parties a hearing.
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Competition Act — sections 8 and 9 apply to enterprises not natural persons; Order 14A — scope and limits; restraint of trade — reasonableness and severance (Blue Pencil Rule) require pleaded issues, evidence and hearing; procedural fairness — parties must be heard; viva voce evidence vs affidavit determination
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19 November 2025 |
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Non-renewal of a fixed-term contract does not equal wrongful or unfair dismissal absent statutory breach, redundancy or adverse alteration.
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Employment law — Fixed-term contract — Effluxion of time — Non-renewal discretionary — Wrongful vs unfair dismissal — Redundancy requires cessation/diminished need — Unilateral variation of duties not necessarily adverse.
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19 November 2025 |
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Leave to appeal refused where the proposed appeal attacked factual findings and failed to raise a public point of law.
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Leave to appeal — Court of Appeal Act s13(3) — point of law of public importance — findings of fact vs point of law — prospects of success — incomplete record — interpretation and enforcement of contracts.
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19 November 2025 |
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Leave to appeal to the Supreme Court refused because the applicant’s alleged procedural defects lacked public importance.
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Civil procedure — Leave to appeal to Supreme Court — Section 13(3) Court of Appeal Act — test: point of law of public importance, reasonable prospect of success, compelling reasons — res judicata — natural justice (right to be heard, affidavit in opposition, service) — equitable mortgage enforcement irregularities.
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19 November 2025 |
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Leave to appeal refused: six‑month wrongful dismissal award upheld as reasonable and not a public‑importance point.
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Civil procedure — Leave to appeal to Supreme Court — Court of Appeal Act s13(3) — point of law of public importance; Quantum of damages for wrongful dismissal — appellate discretion; Traumatic dismissal — award of enhanced damages; Costs — refusal; Precedent and consistency of jurisprudence.
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19 November 2025 |
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19 November 2025 |
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Leave to appeal refused: applicant’s complaints were factual, not points of law of wider public importance.
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Civil procedure — Leave to appeal to the Supreme Court — s13(3) Court of Appeal Act; Employment law — interpretation of salary-review clauses; redundancy and restructuring; constructive dismissal; doctrine of changed substratum; transfer of employment; public importance threshold for appellate leave.
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19 November 2025 |
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The respondent’s preliminary objection filed out of time without leave was procedurally incompetent and dismissed.
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Civil procedure — preliminary objections — compliance with Order XIII Rule 5(1) (Court of Appeal Rules) — time limits for notice — effect of filing out of time without leave — jurisdiction — dismissal of incompetent process.
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18 November 2025 |
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Whether the applicant’s right of first refusal was enforceable where a counter-offer discharged the offer and no loss was proved.
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Option to purchase/right of first refusal — counter-offer terminates original offer; breach of notice clause without proven loss not actionable; specific performance discretionary; necessity of pleading challenges to third-party sale; appellate restraint in disturbing factual findings.
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18 November 2025 |
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Consent judgment and survey verification can justify cancellation of a later-issued land title procured improperly.
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Land law — title priority — earlier title/equitable interest prevails; Survey evidence — verification reports and coordinates as proof of encroachment; Lands and Deeds Registry Act s.34 — cancellation of title for impropriety; Courts may grant consequential relief not expressly pleaded to give effect to judgments; Appellate review — will not disturb factual findings absent perversity or misapprehension of evidence.
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18 November 2025 |
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A judgment on admission requires clear admissions; failure to file a defence alone does not justify entering judgment on admission.
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Civil procedure — Judgment on admission — Entry requires clear, unequivocal admission in pleadings or other material — Failure to file defence not automatically a deemed admission — Distinction between judgment on admission, default judgment and judgment after trial — Setting aside requires different considerations depending on type of judgment.
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18 November 2025 |
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Applicant failed to show points of law of public importance or reasonable prospects; leave to appeal refused and motion dismissed.
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Court of Appeal — Leave to appeal to the Supreme Court — s.13 thresholds: points of law of public importance; reasonable prospects of success; compelling reasons — Chieftaincy customary installation; natural justice; stay of execution.
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18 November 2025 |
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Leave to appeal denied because the proposed appeal raised factual issues, not points of law of public importance.
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Court of Appeal Act s13(3) — leave to appeal to Supreme Court; point of law of public importance — factual findings vs legal question; special leave to review; fresh evidence and procedural delay; Order 39/High Court Rules.
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18 November 2025 |
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Disputed oral-contract accounts referred to Registrar for assessment; factual findings largely upheld and commission awarded.
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Contract — Oral agreements — proof and terms determined from surrounding circumstances and documents; burden of proof on claimant/counterclaimant
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Evidence — inconsistent receipts, weighbridge tickets and delivery notes undermine certainty. Civil appeal — limited interference with trial findings unless perverse
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Remedies — referral to Registrar for assessment and reconciliation; interest and costs allocation
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16 November 2025 |
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Whether the Court of Appeal remains competent to hear related interlocutory applications after a Supreme Court dismissal for want of jurisdiction.
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Court of Appeal jurisdiction; functus officio; interlocutory applications after Supreme Court dismissal for want of jurisdiction; leave to appeal under s13 Court of Appeal Act; matter of public importance; appellate procedure.
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7 November 2025 |
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The applicant obtained a stay pending appeal where the appeal was arguable and execution would likely render it nugatory.
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Stay of execution — discretionary remedy; good and convincing reasons required — appellate preview of prospects of success without pre-judging — risk of appeal being rendered nugatory — bona fide purchaser and state consent to assign (Lands Act).
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7 November 2025 |
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Court refused stay of execution pending appeal for lack of special circumstances and irreparable harm.
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Civil procedure — stay of execution pending appeal — discretionary remedy — prospects of success required but insufficient; applicant must show irreparable harm or special circumstances — ex parte stay discharged — costs to respondent.
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6 November 2025 |
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High Court may decide surface-rights and commercial loss claims, but mining-rights disputes belong to the Mining Appeals Tribunal.
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Jurisdiction — surface rights and commercial losses may be heard by the High Court; mineral/mining rights (including mineral processing rights) fall to the Mining Appeals Tribunal. Undertaking as to damages — enforceable by the court but not generally by a third party who was not party to the interlocutory proceedings and had no interest when the injunction was granted. Certificates of title — conclusive evidence of ownership absent proven fraud
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Damages — must be proven, not remote or speculative. Res judicata — prior Supreme Court possession orders binding
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4 November 2025 |
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Dual representation of a bank and its receiver is not automatically a disqualifying conflict absent real risk of prejudice.
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Practice and procedure — conflict of interest — removal of counsel — mere dual representation of bank and receiver on same side insufficient absent real risk of prejudice or misuse of confidential information; Order 14A inapplicable to preliminary point not disposing of appeal; disqualification is extraordinary remedy.
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4 November 2025 |