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Citation
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Judgment date
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| September 2024 |
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18 September 2024 |
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17 September 2024 |
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An appeal was dismissed because a late application for extension of time rendered the extension order a nullity, depriving the court of jurisdiction.
Civil procedure — extension of time — jurisdiction — late application renders extension order a nullity — Court of Appeal lacks jurisdiction — appeal dismissed.
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16 September 2024 |
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Misjoinder upheld where cybersecurity regulator lacked investigatory mandate and no cause of action was disclosed.
Administrative law – judicial review – misjoinder – necessity to disclose a decision or omission – Cyber Security and Cyber Crimes Act – scope of regulator’s mandate – mandamus – costs.
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12 September 2024 |
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Default judgment set aside where claims against the defaulting defendant were inseparable from claims against other defendants.
Civil procedure – Default judgment – Multi-defendant actions – Where claims against defaulting defendant cannot be dealt with separately, default judgment should not be entered pending determination of liability against other defendants – Setting aside default judgment: defence on merits and promptness but also avoidance of inconsistent judgments.
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10 September 2024 |
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Writs for service out of jurisdiction must be accompanied by a statement of claim; Registrar’s decisions require appeal under Companies Act.
Civil procedure — service out of jurisdiction — Order X R16 HCR — Order 6 R1 (SI 58/2020) requires statement of claim with writ — mode of commencement — s341 Companies Act — appeal from Registrar — costs discretion.
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9 September 2024 |
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Court partially upheld property division, excluded unproven borehole and ordered expert valuation of vehicle; cattle award affirmed.
Matrimonial property division — proof of acquisition during marriage — burden on party alleging asset is matrimonial — appellate restraint on factual findings — valuation and depreciation of assets — appellate judge must not assume valuer's role; expert valuation required — polygamy considered in apportionment.
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4 September 2024 |
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4 September 2024 |
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Court allowed amendment of divorce petition to five‑year separation as permissible update of factual basis to same statutory cause of action.
Family law — Divorce — Amendment of petition — Whether court may allow amendment to plead five‑year continuous separation accruing after petition — Distinction between amending factual basis within same statutory cause and introducing new cause of action; Rules on amendment (Order 18 R.1, Order III R.2, Matrimonial Causes R.17(2)); Matrimonial Causes Act s.8–9.
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4 September 2024 |
| August 2024 |
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An interested party holding competing mining rights must be allowed to apply to be heard in Judicial Review under Order 53 RSC.
Judicial review — procedure — Order 53 RSC applicable to Judicial Review in High Court; Order 53 Rule 9(1) — hearing of a 'proper person' in opposition; joinder vs. permission to be heard; locus standi of interested third party with competing mining rights; scope of stay and status quo pending review.
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29 August 2024 |
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Leave under Section 331 is required before a director/shareholder may sue to protect company property; failure renders proceedings a nullity.
Companies Act s.331 – derivative/company actions – leave required for directors/shareholders to sue on behalf of company; receivership – protection of company property; procedural irregularity and abuse of process – nullity of proceedings.
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26 August 2024 |
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Mesne profits require wrongful possession; award set aside where no trespass and holding over was not proved.
Mesne profits – requirement of wrongful possession/holding over; burden of proof on claimant; landlord–tenant post-termination occupancy; limits of award where no trespass proven; issues not pleaded cannot be relied on in appeal.
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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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Whether a financier can be held liable for misrepresentation in a sale to which it was not a party.
Financing agreements v sale contracts – privity of contract; allocation of risk under VAF clauses; liability for misrepresentation by seller; admissibility of unobjected evidence on unpleaded matters; buyer’s duty to inspect; ethical issues in party endorsement and counsel conflicts.
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22 August 2024 |
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Appeal dismissed because the relied-upon precedent was overturned by the Supreme Court, leaving the challenge to jurisdiction incompetent.
Civil procedure — jurisdictional lapse for delay in delivering judgment — whether failure to render judgment within one year terminates jurisdiction — Court of Appeal precedent overruled by Supreme Court — effect of Citibank decision on reliance upon Guardall.
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22 August 2024 |
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Death of a child during a violent sexual assault justified life imprisonment despite plea and first‑offender status.
Sentencing – Manslaughter – Plea of guilty and first‑offender mitigation – Aggravating factor: death of a child during violent sexual assault – Appellate interference only if sentence wrong in principle or shocks conscience.
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22 August 2024 |
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Termination without reasons breaches Section 52; punitive "as if" gratuity clauses unenforceable; excess gratuity and notice in lieu may suffice as damages.
Employment law — wrongful/ unfair termination — Section 52 Employment Code Act — contractual clause paying gratuity "as if" full term punitive and unenforceable — normal measure of damages: notice period/salary in lieu — enhanced damages for mental distress require specific evidence.
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22 August 2024 |
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Promotion did not create a new fixed‑term contract; employment ended by effluxion of time and respondent awarded costs.
Contract interpretation – fixed‑term employment – promotion ‘subject to’ clause – no fresh contract on promotion; Changed substratum doctrine – not applicable to create new contract term; Termination by effluxion of time – no notice or payment in lieu required; Legitimate expectation – insufficient evidence; Fringe benefits – end with contract expiry; Costs – discretionary award to successful respondent.
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22 August 2024 |
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Covid‑19 quarantine justified absence, but five‑month delay to apply to set aside the judgment was inordinate; appeal dismissed.
Civil procedure – setting aside judgment obtained in absence – Order 35 r.5 High Court Rules – sufficient cause and reasonable time for application; Delay/inordinate delay; COVID‑19 quarantine as excuse for non‑attendance.
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22 August 2024 |
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Severance under s54 applies to specified termination/expiry modes, not to dismissal for misconduct; award set aside.
Employment law — Severance pay under s54 Employment Code Act — "Termination" vs "Dismissal" — Severance payable only where contract terminated/expired as prescribed (medical discharge, fixed-duration termination, redundancy, death) — Summarily dismissed employee not entitled to severance pay — Statutory interpretation; expressio unius.
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22 August 2024 |
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A shareholder's equity in a company does not, by itself, create a caveatable beneficial interest in company land.
Land law – Caveats – Lands and Deeds Registry Act s76(1) – Beneficial interest – Shareholder/equity contribution does not equate to a caveatable interest in company land; Civil procedure – High Court Rules Order 2 Rule 3 – notice to proceed directed at parties, court may continue proceedings.
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22 August 2024 |
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A company lacked locus standi where the loan agreement showed an individual lender and the company’s name appeared later in different handwriting.
Company law – separate legal personality and locus standi; privity of contract – only parties to a contract may sue; documentary evidence and handwriting discrepancies as proof of party status; equitable mortgage evidenced by deposit of Certificate of Title.
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22 August 2024 |
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Appellate court upheld trial finding that WhatsApp, conduct and partial performance proved an oral contract and payment, dismissing appeal.
Contract formation — oral agreement evidenced by conduct and WhatsApp correspondence; admissibility and probative value of messages; burden of proof on plaintiff; appellate review of factual findings; award of outstanding payment for undelivered goods.
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22 August 2024 |
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Section 54(1)(c) severance/gratuity applies to fixed-duration contracts; dismissed permanent employees cannot claim it under Section 54.
Employment Code Act s54(1)(c) – severance pay/gratuity applies to fixed-duration/long-term contracts; permanent and pensionable contracts are distinct from fixed-term contracts; Section 51 dismissal precludes claim to severance under Section 54; sections 51 and 54 are mutually exclusive.
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22 August 2024 |
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The Court upheld the arbitral award as within the arbitration scope and not contrary to public policy.
Arbitration — setting aside award — scope of submission to arbitration; public policy — narrow ground; limited judicial intervention; illegality of one contract does not automatically taint independent contract.
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22 August 2024 |
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Court of Appeal held joinder may be ordered post-judgment where justice requires protecting parties' proprietary interests.
Civil procedure — Joinder of parties — Discretionary remedy — Joinder may be ordered post-judgment where in interest of justice — Functus officio not an absolute bar — Protection against deprivation of property without due process.
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21 August 2024 |
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Guarantee for US$900,000 enforceable despite pleading mis‑reference and absence of a moneylenders licence; appellant liable after demand.
Contract and suretyship - enforceability of credit guarantee; pleadings and variance - non‑fatal mis‑reference; proof of debt and demand; moneylenders' licence not fatal to principal recovery; Turquand rule — corporate internal authority irrelevant to third parties.
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21 August 2024 |
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Fixed-term employment without a renewal clause or clear assurances does not create a legitimate expectation of renewal.
Employment law – Fixed-term contract – Legitimate expectation – Renewal of contract – Performance appraisal – Board resolutions – Effluxion of time – Remedies for non-renewal.
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21 August 2024 |
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Dismissal for poor performance was wrongful where systemic SAP procurement failures and procedural irregularities prevailed; 36 months' damages upheld.
Employment law – wrongful and unfair dismissal; procedural compliance – Disciplinary Code v. Poor Performance Procedure/PIP; institutional/systemic failures (SAP) affecting performance; PIP not a disciplinary sanction; measure of damages – departure from contractual notice; appellate limitation on increasing awards without cross-appeal.
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21 August 2024 |
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Appeal dismissed: pleadings disclosed a reasonable cause of action and joinder was only suggested, not ordered.
Civil procedure – Order 18 r.19 (White Book) – striking out pleadings – "reasonable cause of action" vs "serious question to be tried" (interim injunctions); joinder of parties – suggestion v formal order; summary disposal reserved for plain and obvious cases.
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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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A failed defence of provocation may amount to extenuating circumstances warranting reduced sentence for murder.
Criminal law — Murder — Provocation — Failed provocation can constitute extenuating circumstances for sentencing — Trial court misdirection — Sentencing reduction from life to term.
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20 August 2024 |
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A first offender under s161 should receive a fine, not imprisonment, absent recklessness or other aggravating factors.
Road Traffic Act s161 – sentencing – fine v imprisonment – first offender – absence of aggravating factors – recklessness required for custodial sentence – appellate intervention where sentence excessive.
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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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Applicant's challenge that he was a juvenile and that his plea was equivocal was dismissed; sentence upheld.
Criminal law – age determination and jurisdiction under Juveniles Act – role of interpretation in age admission – equivocal plea doctrine – materiality of alleged inconsistencies to offence under Anti‑Human Trafficking Act s9(1).
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19 August 2024 |
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CCTV recognition corroborated by wallet and unexplained financial transactions upheld convictions for murder and aggravated robbery.
Criminal law – murder and aggravated robbery – identification by CCTV – recognition by co-workers – corroboration by property found at scene and financial transactions – failure to produce call records – dereliction of duty not necessarily fatal where evidence is overwhelming – odd coincidence as supporting evidence.
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19 August 2024 |
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Whether the Director of Mining Cadastre may grant consent to enter titled surface land and proper appellate remedy.}
Administrative law; mining law – Director of Mining Cadastre’s power to grant consent to enter surface rights; procedural remedies and appeals under the Mines and Minerals Development Act; jurisdiction and leave to appeal under section 13 Court of Appeal Act.
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19 August 2024 |
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Mere unauthorised possession of a Defence Force uniform does not satisfy s6(1)(a); prosecution must prove prejudicial purpose.
State Security Act s6(1)(a) — unauthorised use/possession of Defence Force uniform — requirement of specific purpose (gain admission to protected place or purpose prejudicial to national safety/interests) — mere possession insufficient; Penal Code s182 inapplicable.
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19 August 2024 |
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Applicant failed to show statutory grounds for leave to appeal or for a stay; omitted grounds properly deemed abandoned.
Court of Appeal — leave to appeal to Supreme Court (s13(3)) — criteria: point of law of public importance; reasonable prospects of success; other compelling reasons — abandonment of grounds omitted from heads of argument — improper raising of unpleaded fraud — stay of execution dismissed.
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19 August 2024 |
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Whether the prosecutrix’s identification was sufficiently corroborated by admissions, medical evidence, and opportunity.
Criminal law — Defilement — Corroboration of identity and commission — Role of relatives’ evidence — Admissions and opportunity as corroboration — Safety of conviction.
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16 August 2024 |
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Failure to show gross negligence, respondent's accidental firearm discharge during hunting negates manslaughter.
Criminal law – Manslaughter by negligence – Defence of accident (section 9(1) Penal Code) – Burden on prosecution to disprove accident – Gross negligence/recklessness required – Failure to engage safety catch not per se manslaughter in hunting context.
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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 |