Results.
2,111 judgments found.
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| 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 |
| October 2025 |
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Judgment on admission upheld where statements of account and emails constituted a clear, unequivocal admission of debt.
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Civil procedure — Judgment on admission — Order 21/6 HCR & Order 27/3 RSC — Clear, unequivocal admissions in statements of account and correspondence — Court may consider affidavits and contemporaneous emails and enter judgment without trial.
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31 October 2025 |
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Interlocutory injunction upheld where alleged encroachment on road reserve raised serious triable issue and risked irreparable loss of access.
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Interlocutory injunctions — three‑limb test (serious question to be tried; irreparable injury; balance of convenience) — encroachment on road reserve — loss of access — appellate restraint in review of discretionary interlocutory orders.
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31 October 2025 |
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Writs of possession require an extant possession order; later orders and payments can supersede earlier entitlements.
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Civil procedure — enforcement of judgments — writ of possession requires an existing order granting possession; subsequent orders and payments can supersede earlier rights; court orders remain binding until varied or set aside.
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31 October 2025 |
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A court should not pierce the corporate veil on a misjoinder application; substantive veil issues belong to trial.
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Company Law
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Misjoinder — Scope of Order 14 Rule 5(2) HCR — Misjoinder applications are interlocutory and cannot determine substantive liability
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Corporate Veil — Piercing the corporate veil — Substantive veil-piercing issues (fraud, single economic unit, agency) reserved for trial
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Civil Procedure — Appeals — Leave to file/serve out of time — Omission to exhibit leave order not fatal where leave in fact granted and objection is untimely
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31 October 2025 |
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Filing proceedings during Michaelmas vacation without court leave deprives the court of jurisdiction; respondent awarded costs.
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Civil procedure — Vacation sittings — Filing pleadings during Michaelmas vacation — Order 49/3(1) HCR and Order 2/4 HCR require mandatory leave or direction — Filing without leave deprives court of jurisdiction; irregularity versus nullity; costs follow the event.
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31 October 2025 |
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Appeal succeeds: reduced excessive security, set aside premature attachment; security must relate to claim value.
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Civil procedure
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Interim attachment — Requirement that plaintiff first call upon defendant to provide security — Order 26 High Court Rules
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Security — Quantum of sufficient security should be related to the value of the claim, not the defendant's property
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Security for costs — Distinction between sufficient security under Order 26 and security for costs under Order 40
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30 October 2025 |
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High Court lacked jurisdiction over mining-rights dispute governed by statutory appeals to the Mining Appeals Tribunal.
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Administrative law — Jurisdiction — Statutory appeals under Mines and Minerals Development Act (ss 96, 97, 100) oust direct High Court jurisdiction for mining-rights disputes
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Civil/tort law — Surface rights v mining rights — Distinction determines whether a claim is tortious (High Court) or falls within the Tribunal's remit
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Constitutional/procedure — Unconstituted tribunal — Absence of tribunal does not permit wrong mode of commencement in High Court; statutory process must be followed
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30 October 2025 |
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Appellants' pension claims dismissed as res judicata and time‑barred where earlier Supreme Court had determined same reliefs.
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Pension law — Scheme disputes — Res judicata — Prior Supreme Court determination covering same reliefs
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Civil procedure — Res judicata — Privity of interest — Parties adequately represented previously
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Limitation — Trust claims — Section 19 Limitation Act — Fraud must be pleaded and particularised to avoid limitation
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30 October 2025 |
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Registrar lacked jurisdiction to assess liquidated gratuity and leave but must assess unliquidated damages under the Consent Judgment.
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Civil procedure
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Consent judgment
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Assessment of damages by Registrar — Jurisdiction under High Court Rules (Order XXVII r6)
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Liquidated claims versus unliquidated claims — Enforcement/administrative verification vs judicial assessment
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Registrar's discretion — Referral to Judge under Order XXX r9 is discretionary, not mandatory
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30 October 2025 |
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Refusal to extend time upheld due to appellant’s prolonged dilatory conduct; affidavit defect held non‑material.
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Civil procedure — Extension of time — Judicial discretion to enlarge time — Repeated dilatory conduct — Affidavit irregularity non‑material and curable — Costs for delay and vexatious applications.
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23 October 2025 |
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Court held appellant's electricity‑supply claim was a preferential liquidation expense and its voting exclusion unlawful.
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Companies law — scheme of arrangement; preferential liquidation expenses; classification of creditors by legal rights; related‑party disclosure; verification of proofs of debt; voting rights and estoppel; court’s supervisory role in sanctioning schemes.
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9 October 2025 |
| September 2025 |
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Leave to appeal refused where dispute over entitlement to higher pension arose from factual findings, not a public point of law.
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Civil procedure — Leave to appeal to Supreme Court under s.13 — Requirement of a point of law of public importance; Employment law — Acting appointment versus substantive post — factual findings on continuity of acting service; Pension entitlement — computation depends on established grade; Costs — discretionary and not punitive absent procedural irregularity.
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25 September 2025 |
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Applicant granted bail pending appeal where appeal was prima facie arguable and risk of serving substantial sentence existed.
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Criminal procedure — Bail pending appeal — Discretion under s.332(1) Criminal Procedure Code — Exceptional circumstances required — Twin prongs: likelihood of success and risk of serving substantial portion of sentence — Prima facie assessment of appeal grounds — Reasonable suspicion in possession of proceeds of crime.
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25 September 2025 |
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Leave to appeal denied where no point of law, realistic prospects, or compelling reasons were shown.
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Leave to appeal — Court of Appeal Act s.13(3) — requirements: point of law of public importance, reasonable prospects of success, or compelling reasons — wrongful (procedural) vs unfair (substantive) dismissal — quantum of damages — mere dissatisfaction with findings insufficient.
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25 September 2025 |
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A bank customer's claim for withdrawals was statute-barred; fraud must be pleaded and reasonable diligence shown to toll limitation.
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Limitation of actions — accrual of cause of action — Limitation Act 1939 s.26(b) (fraud/mistake postponing limitation) — requirement to plead and particularise fraud — reasonable diligence standard — Order 14A preliminary objection on limitation.
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24 September 2025 |
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Regulator owes no duty of care to individual shareholders; no misrepresentation, transfer valid, appeal dismissed.
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Banking regulation — statutory supervisor’s duties — no duty of care owed to individual shareholders; BFSA restrictions on equity investments; misrepresentation and inducement — requirement of proof; validity of share transfers — interplay between BFSA and Companies Act; appeal dismissed.
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15 September 2025 |
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Failure to serve the record and heads within 14 days without leave divests the Court of jurisdiction.
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Court of Appeal rules — Order X r9(9) CAR — service of record and heads within 14 days — mandatory requirement — failure to serve without leave divests Court of jurisdiction; Consent Orders do not override procedural timelines; constitutional fairness cannot excuse non‑compliance.
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4 September 2025 |
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An employer must substantiate operational requirements; mere ownership change cannot justify termination and five months' damages were affirmed.
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Employment law — Termination for operational requirements — Employer must substantiate business necessity and follow consultative process; mere change of shareholding insufficient — Distinction between lawful contractual termination and constructive redundancy — Measure of damages: notice period is norm but courts may award greater compensation where justice demands.
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2 September 2025 |
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Late-filed heads of argument filed without leave were expunged for breaching mandatory Court of Appeal Rules; costs awarded.
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Civil procedure — Court of Appeal Rules — mandatory filing timelines (Order 10 Rule 9(16)) — late filing of heads of argument — documents filed in contravention of mandatory rules are irregular and subject to expungement — absence of express sanction does not excuse non‑compliance — constitutional provision (Article 118) cannot be used to justify disregarding procedural rules.
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2 September 2025 |
| August 2025 |
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Joinder post‑judgment requires showing sufficient interest; purchase from a vendor with a fraudulent title is insufficient.
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Joinder of parties post‑judgment — requirements: locus standi, sufficient interest, lack of notice, disclosure of material facts and intended outcome — fraudulent title cannot confer good title — joinder not a substitute for appeal or review.
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29 August 2025 |
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Whether a year‑to‑year transport contract was lawfully terminated by non‑renewal and reasonable notice.
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Contract law — year‑to‑year/fixed‑term agreements — effluxion of time; implied renewal and legitimate expectation; reasonable/adequate notice for termination of unwritten contracts; equitable indemnity for lack of notice; appellate review of factual findings.
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28 August 2025 |
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Insured failed to prove claim; insurer entitled to investigate; policy void for false declaration; premiums refunded with interest.
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Insurance law — contract uberrimae fidei — continuing duty of utmost good faith; false declaration and fraudulent/exaggerated claims; condition precedent to indemnity; burden of proof on insured; insurer's right to investigate; estoppel not available against material misrepresentation.
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28 August 2025 |
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Deportation without a warrant or disclosed grounds breached natural justice and was procedurally unlawful.
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Immigration law — Deportation procedure — section 39(2) — ministerial warrant — disclosure of grounds — natural justice — right to be heard — procedural impropriety — return of seized property
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22 August 2025 |
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Claim for repayment of deposits was statute‑barred under the Limitation Act; liquidation did not revive or extend the limitation period.
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Limitation Act 1939 — accrual of cause of action — bank/depositor claims — specialty v simple contract — effect of liquidation/winding‑up on limitation periods — requirement for written acknowledgment or deed to extend limitation
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22 August 2025 |
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Order piercing corporate veil set aside because the wrong corporate entity was sued; appellant not personally liable.
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Company law
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Lifting (piercing) corporate veil — Requirement that the entity sued be the entity that contracted or incurred the debt
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Agency/representation — Evidence required to impute corporate obligations to a different incorporated entity
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Civil procedure — Wrong party sued — Effect of suing incorrect corporate entity on subsequent liability and veil‑piercing orders
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22 August 2025 |
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An acquittal in criminal proceedings does not preclude disciplinary dismissal for breach of workplace procedures.
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Employment law — disciplinary dismissal — acquittal in criminal proceedings not exonerating in employment context; summary dismissal for non‑compliance with safety/reporting procedures; disciplinary hearings not strict trials of evidence; sufficiency of factual substratum for disciplinary action.
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21 August 2025 |
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Two employees awarded aggravated damages for unfair dismissal after statutory hearing breach; third respondent's claim fails due to conviction.
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Employment law — unfair dismissal — duty to afford hearing under Employment Code Act s52 — desertion vs dismissal — appellate limits on fact‑finding under Industrial Relations Act s97 — aggravated damages — costs in Industrial and Labour Relations proceedings.
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21 August 2025 |
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Appeal dismissed: contributory negligence must be pleaded and proved; damages awards and future-earnings calculation upheld.
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Civil damages — Employer negligence — contributory negligence must be pleaded and proved; quantum of general and special damages; assessment of future loss of earnings and deductions for contingencies; relevance of comparable awards and adjustment for inflation.
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21 August 2025 |
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Summary dismissal without hearing can justify damages exceeding contractual notice pay due to procedural unfairness.
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Employment law — unfair/wrongful dismissal — usual measure of damages is notice pay — enhanced damages permissible for gross procedural unfairness, distress, reputational harm — appellate restraint on interfering with discretionary awards.
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21 August 2025 |
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Default judgment obtained against the State without statutory notice and adequate reasons was irregular and set aside; matter remitted for trial.
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State Proceedings Act s22 — mandatory notice and leave to enter default judgment against the State; Default judgment — setting aside — requirement to disclose defence on the merits and give reasonable explanation for delay; Judicial decisions — necessity of reasoned judgments showing findings and application of law; Irregularly obtained default judgment — remit for trial.
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20 August 2025 |
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Whether text-message variations creating instalment deposits altered exchange/possession obligations and barred specific performance.
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Contract variation — variation by text messages — instalment payment of deposit; incorporation of standard form conditions — LAZ General Conditions; condition precedent of exchange and deposit for vacant possession; repudiatory breach and remedy of specific performance; forfeiture under clause 22(c).
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20 August 2025 |
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Whether malice aforethought and lack of provocation justified upholding a murder conviction and mandatory life sentence.
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Criminal law — murder — malice aforethought — accidental discharge defence as afterthought — provocation (Section 205 Penal Code) — cumulative provocation — mandatory life sentence — appellate review of factual findings.
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20 August 2025 |