Results.
41 judgments found.
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| February 2025 |
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Vesting order set aside where respondents failed to prove constructive trust or produce documents divesting the registered owner's title.
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Land law — Vesting orders; requirement of documentary basis for vesting under High Court Act; constructive trust — evidentiary burden; certificate of title protected by section 33 (conclusive evidence of ownership); appellate interference where trial findings are perverse or unsupported by evidence.
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27 February 2025 |
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A judgment was set aside because the court failed to consider duly filed heads of argument due to a registry error.
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Court of Appeal procedure — discretion under Court of Appeal Rules to proceed on filed processes — notice of hearing — right to be heard via filed heads of argument — registry administrative error — judgment set aside and rehearing ordered.
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27 February 2025 |
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Omission of documents from a record of appeal does not mandate dismissal; respondent must prove materiality and the court may allow supplementation.
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Civil procedure — Record of Appeal — omission of documents — Order 10 r 9(5)(h) CARs — materiality of evidence — burden on respondent to prove prejudice — discretionary remedy; supplementary record allowed.
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27 February 2025 |
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Appellants were not innocent purchasers; subdivisions created unlawfully within respondent's land rendered titles void ab initio.
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Property law — bona fide purchaser for value without notice — constructive notice and due diligence; Land law — unlawful creation of subdivisions within titled land; Public Roads Act — road reserve and prohibition of development; Invalidity of titles obtained from void subdivisions; Negligence of land allocation authorities and indemnity.
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26 February 2025 |
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An application for extension of time was dismissed for failure to obtain leave to file out of time and ignorance of the Rules.
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Civil procedure — extension of time — Order XIII Rule 3(1)–(3) Court of Appeal Rules — requirement to file within 21 days or obtain leave to file out of time — sub‑rule (3) read with sub‑rule (2) — ignorance of law not a defence — incompetence of application where no leave to file out of time shown.
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26 February 2025 |
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Appellant's account did not create reasonable doubt and diminished responsibility lacked medical support; appeal dismissed.
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Criminal law — Murder — Circumstantial evidence and admissions; burden of proof and 'reasonably possible' defence; diminished responsibility (s.12A Criminal Procedure Code) — requirement of abnormality of mind and medical evidence; onus on accused to adduce and call psychiatrist.
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26 February 2025 |
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Diminished responsibility requires medical evidence; epilepsy here did not establish abnormality of mind, appeal dismissed.
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Criminal law — Murder — Diminished responsibility (s.12A Penal Code) — Requirement of abnormality of mind supported by medical evidence — Epilepsy as neurological condition, not disease of the mind — Onus on accused to prove unsoundness of mind.
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26 February 2025 |
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Circumstantial evidence—utterances, recovered syringe, and toxicology—was sufficiently cogent to uphold the murder conviction; appeal dismissed.
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Criminal law — Circumstantial evidence — Cogency required to permit only inference of guilt; credibility and corroboration of related witnesses; recovery of syringe and toxicology as corroborative circumstantial proof.
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26 February 2025 |
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Whether stepchildren count as "children" under the Intestate Succession Act or only as dependants without formal adoption.
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Intestate succession — definition of "child" — "adopted child" requires formal legal adoption; stepchildren not automatic heirs — dependants entitled to 10% under s.5(d) — estate to be sold and proceeds distributed under ss.5 and 6.
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26 February 2025 |
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Seizure under a regularly issued execution of goods in a debtor’s possession is not wrongful; interpleader is the remedy.
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Execution law — writ of fieri facias — seizure of third‑party goods in possession of judgment debtor — interpleader (Order XLI rules 53–56) as remedy — defamation claims fail without particularised pleadings.
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26 February 2025 |
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Whether voluntary intoxication negated mens rea or amounted to mitigation in a murder conviction.
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Criminal law — Intoxication under Section 13 Penal Code — voluntary drunkenness not a defence absent incapacity to form intent; intoxication as mitigation must be shown by peculiar facts; mens rea for murder; appellate review of factual findings.
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26 February 2025 |
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Whether amended employment-related claims filed with leave outside the 90-day statutory period are statute-barred.
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Industrial and Labour Relations Act s85(3) — limitation period; pleadings — amendment of pleadings; leave to amend; new cause of action arising from same facts; jurisdiction to hear amended claims; remedy — remittal for trial.
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26 February 2025 |
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Continued service after contract expiry did not create renewal; no entitlement to a second vehicle; costs awarded to the appellant.
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Employment law — fixed-term contracts — clause excluding implied renewal; holding over/continued service entitles only to pro‑rata pay; contract interpretation and sanctity of contract; personal‑to‑holder vehicle entitlement; unjust enrichment; costs follow the event; Employment Code s53(3) (termination on leave) inapplicable where contract expired; plea/pleadings and raising unconscionability on appeal.
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26 February 2025 |
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Agency found: 2nd Appellant was agent of 1st Appellant, making 1st Appellant liable for undelivered fertilizer; chairman lacked privity.
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Agency — implied/apparent agency by conduct and admissions; privity of contract — non-party cannot recover under contract; indoor management (Turquand) rule — outsider entitled to presume internal authority; remedies — market value, interest, general damages and costs.
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26 February 2025 |
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A judgment debtor must ordinarily disclose income, assets and liabilities to justify payment by instalments; appeal dismissed.
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Civil procedure — Order XXXVI r.9 High Court Rules — payment of judgment by instalments — discretion and requirement of sufficient reason — ordinary requirement to disclose income, assets and liabilities — speculative purchase orders insufficient — enforcement of securities.
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25 February 2025 |
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Summary dismissal inappropriate where ACC restrictions raise triable issues of frustrated contracts, unpaid interest, and unjust enrichment.
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Anti‑Corruption Act (s.60) — effect of restriction/seizure notices on bank dealings; Cause of action — meaning and threshold for striking out; Civil procedure — Order 14A/Order 33 RSC summary disposal; Contract frustration and unjust enrichment — triable issues where funds allegedly transferred during restrictions.
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25 February 2025 |
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An interlocutory chambers ruling requires leave or renewal before a single judge; appeal was therefore incompetent.
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Interlocutory procedure — chambers order delivered in open court remains interlocutory — leave to appeal required; stay of proceedings is interlocutory and must be renewed before a single judge — failure to obtain leave or renew renders appeal incompetent.
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25 February 2025 |
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Interlocutory injunctions discharged in the High Court must be renewed before a single judge, not appealed; appeal dismissed for irregularity.
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Procedure — Court of Appeal — Interlocutory orders — Discharge of ex parte interim injunction — Renewal before a single judge, not appeal — Order X Rule 2(1) Court of Appeal Rules — Appeal dismissed for irregularity; costs awarded.
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25 February 2025 |
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Leave to appeal refused: proposed grounds raised factual issues, not points of law of public importance.
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Civil procedure — Leave to appeal to Supreme Court — s.13(3) Court of Appeal Act — point of law of public importance — findings of fact v. point of law — prospects of success — banking law — duty to act on instructions of authorised signatories — internet banking/viewing rights — requirement of evidential basis.
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25 February 2025 |
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The appellant's payment plan did not waive mandatory post-judgment interest; appeal dismissed with costs.
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Judgments Act s.2 — statutory post-judgment interest mandatory; distinction between contractual pre-judgment interest and post-judgment interest; payment plan versus forbearance; evidential weight of correspondence.
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25 February 2025 |
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Court upheld injunction preventing further selection or installation of a chief pending trial, though past selection could not be injuncted.
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Interlocutory injunctions — American Cyanamid principles — preservation of status quo — distinction between past selection and future installation/enthronement — customary succession disputes — irreparable harm and balance of convenience.
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24 February 2025 |
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Court granted injunction pending appeal to preserve the subject matter where dismissal left nothing to stay.
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Injunction pending appeal; stay of execution; where lower court dismisses action awarding no enforceable remedy there is nothing to stay; prospects of success; balance of convenience; preservation of status quo.
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24 February 2025 |
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Whether credit notes created a 15% discount and whether trial findings and contractual compound interest should be disturbed on appeal.
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Civil procedure — appellate review of trial findings — limited grounds for disturbance; burden of proof on balance of probabilities; contract interpretation — credit notes and discounts; contractual compounded interest — enforceability where expressly agreed; assessment of quantum before Registrar.
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24 February 2025 |
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Circumstantial evidence and post‑mortem findings upheld the appellant’s murder conviction; failure to call doctor caused no prejudice.
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Criminal law — circumstantial evidence — threshold for conviction; Post‑mortem evidence — need to call doctor; Accidental fall vs intentional harm; Consciousness of guilt — flight and inconsistent statements; Murder vs manslaughter.
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24 February 2025 |
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Appellants' selections were invalid for failing to follow customary succession procedures; Kaunda lineage to supply next chief.
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Customary succession — chieftainship rotation and lineage eligibility — historical ban/curse on lineage — procedural compliance in selection (representation, queen mothers, meetings) — discretionary use of assessors (s.34 High Court Act) — Cabinet Circular P.A.4/22 of 1972 may apply.
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24 February 2025 |
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No oral contract: managing director acted personally and payment went to the foreign supplier; appeal allowed and costs awarded to appellant.
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Contract law — Oral contracts — requirements of offer, acceptance, intention to create legal relations and consideration; Agency — principal–agent consent; Evidentiary proof — documentary evidence and translation; Burden of proof on balance of probabilities.
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24 February 2025 |
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Alleged extra-contractual obligations cannot ground breach where the written contract does not incorporate them.
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Contract law — written contract governs — extrinsic documents not admissible to vary terms; breach requires proof of contractual obligation
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Evidence — party alleging loss must plead and prove special damages. Commercial contracts — effluxion of time ends contract; courts must not rewrite agreements
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Device/configuration — evidence showed phones configured for bank VPN; delays in promotional materials/starter packs did not establish breach
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24 February 2025 |
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Recent possession and cogent circumstantial evidence supported convictions for murder and aggravated robbery; appeal dismissed.
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Criminal law — circumstantial evidence — recent possession doctrine — identification of recovered property — innocent receiver vs perpetrator — murder by ligature (malice aforethought) — aggravated robbery.
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21 February 2025 |
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Whether prosecution witnesses were suspect and the appellant's explanation probable; conviction and sentence upheld.
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Criminal law — Murder — Witness interest and corroboration — Credibility of eyewitnesses — Ballistic corroboration — Improbability of accused's version — Defences of self-defence, provocation and accident unavailable where accused denies firing.
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21 February 2025 |
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Circumstantial evidence (child taken into accused’s house, semen observed, medical report) sufficiently established guilt; appeal dismissed.
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Criminal law — Defilement — Circumstantial evidence — Requirement that inculpatory facts be incompatible with innocence — Single identifying witness — Corroboration where prosecutrix does not testify — Resolution of lingering doubt.
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21 February 2025 |
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Appeal allowed: no obligation to release titles; damages award set aside for lack of evidence.
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Civil procedure; mortgages and security — interpretation of consent settlement orders — obligation to release securities — appellate review of factual findings — proof of damages and requirement to substantiate special/unliquidated loss.
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21 February 2025 |
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Failure to serve the record and heads within 14 days without leave renders an appeal incompetent and divests the court of jurisdiction.
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Civil procedure — Appeal — Mandatory service of Record of Appeal and Heads within 14 days (Order 10 Rule 9(9)) — Non-compliance without leave renders appeal incompetent — Lack of jurisdiction — Appeal dismissed.
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20 February 2025 |
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The appellant's murder conviction was upheld because circumstantial evidence left no reasonable inference other than guilt.
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Criminal law — Murder — Circumstantial evidence — Last seen with victim — Chain of inculpatory facts — Inference must point to nothing else but guilt — Opportunity and evasive conduct as corroboration.
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18 February 2025 |
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Child victims' evidence corroborated by medical reports and admissions upheld conviction; 35-year sentence affirmed.
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Criminal law — Unnatural offences (sodomy) — Child witnesses — Voire dire requirements — Corroboration of identity in sexual offences — Medical evidence and admissions — Sentence appropriateness for multiple child victims.
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18 February 2025 |
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Confessions improperly admitted were expunged; two appellants acquitted, first appellant's conviction upheld but death sentence replaced due to age.
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Criminal law — confession evidence — voluntariness — burden on prosecution to prove beyond reasonable doubt; Trial-within-a-trial — procedural irregularity — prohibition on publishing confessions during inquiry; Civilian witness — cannot narrate confessions given to police; Circumstantial evidence — possession of deceased’s property may sustain conviction; Sentencing — age of offender at time of offence must be established, ocular observation insufficient.
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18 February 2025 |
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A proposed success-fee “subject to negotiation” is unenforceable; consultant entitled to market-rate payment for work that produced tax benefits.
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Contract law — agreement to agree — success-fee clause "subject to negotiation" unconstitutional for uncertainty; contra proferentem; admissibility of extrinsic evidence; attribution of benefits where consultant did foundational work but audit performed by third party; quantum meruit/prevailing market rates; special damages require particularisation and proof.
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14 February 2025 |
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Whether a proposed 5% success fee "subject to negotiation" was enforceable and whether appellant's groundwork entitled it to market-rate remuneration.
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Contract — Agreement to agree — Proposed 5% success fee "subject to negotiation" — unenforceable for uncertainty; Contract interpretation — ambiguity construed contra proferentum against draftsman; Quantum meruit/assessment — appellant performed foundational work for tax benefits; Damages — loss of use requires specific pleading and proof.
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14 February 2025 |
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Application for leave to appeal over severance pay entitlement for permanent employees declined for lack of public importance.
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Employment law — Severance pay (s.54) — fixed-term/long-term contracts vs permanent and pensionable contracts — dismissal under s.51 excludes severance entitlement — leave to appeal (s.13(3) Court of Appeal Act) — public importance and prospects of success.
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14 February 2025 |
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Whether the appellant was bound by its agent's unauthorized subdivision and the appropriate remedies, including quantum meruit.
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Agency law — scope of agent's authority; delegation and sub-agents; construction of written agency agreements; Statute of Frauds and enforceability of MOU/offer letters; remedies — specific performance, damages and quantum meruit; appellate interference with trial findings of fact.
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13 February 2025 |
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Court affirmed limited judicial review of arbitral awards; failure to plead facts and show public‑policy breach doomed the appeal.
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Arbitration law — setting aside arbitral awards — limited judicial review — public policy narrowly construed — Rule 23(2)(c) mandatory affidavit particulars — capacity vs jurisdiction — obiter remarks by tribunal not grounds to set aside award.
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13 February 2025 |
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Receiver appointment crystallises floating charge; conditional restructuring was not accepted, allowing mortgage enforcement.
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Commercial law — Insolvency/Receivership — Effect of receiver appointment on floating charge — Crystallisation and enforcement of security
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Contract law — Offer and acceptance — Conditional acceptance constitutes counter‑offer; no contract unless conditions met
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Commercial law — Enforcement of mortgage/security — No moratorium under Corporate Insolvency Act for receivership
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3 February 2025 |