Results.
42 judgments found.
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| November 2013 |
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Corroborated accomplice testimony and recovered weapons upheld the first accused's conviction; circumstantial evidence insufficient for the others.
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Criminal law — murder — abduction and shooting — accomplice evidence requiring corroboration — independent eyewitness corroboration and recovery of weapons — common purpose and joint enterprise — sufficiency of circumstantial evidence — admissions by one accused not evidence against silent co-accused — police investigative deficiencies noted but not fatal
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28 November 2013 |
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Court cancelled an improperly issued title, ordered re‑issuance to the plaintiff, and awarded damages and costs.
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Land law — Cancellation of certificate of title — entitlement to title — lack of procedural compliance and absence of records — party in default — relief: cancellation, re‑issuance, damages and costs.
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13 November 2013 |
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Purchaser cannot substitute its TPIN for vendor’s; must prove diligent search, valid consent and registered assignment.
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Property transfer tax — vendor’s statutory obligation — payment via seller’s TPIN — requirement of valid consent to assign and registration — burden of proof and limits of equitable relief
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10 November 2013 |
| October 2013 |
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Interim injunction discharged: Originating Summons required for interim measures under the Arbitration Act; wrong commencement deprived court of jurisdiction.
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Arbitration clause — interim relief under Section 11 Arbitration Act — Rule 9 Arbitration (Court Proceedings) Rules requires Originating Summons — mode of commencement mandatory — Writ of Summons wrong and deprives court of jurisdiction — ex parte injunction discharged
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22 October 2013 |
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An assignee’s equitable interest under an unregistered assignment prevails over a later erroneous state grant of title.
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Property law — equitable proprietary interest under unregistered assignment — lands allocation by State — challenge and cancellation of later Certificate of Title issued in error — effect of non‑registration under Lands and Deeds Registry Act — limits on third‑party reliance on non‑registration
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16 October 2013 |
| September 2013 |
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Court ordered repayment of failed-loan security and damages for fraudulent use of title deed; libel claim dismissed for inadequate pleading.
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Contract — failure of consideration and restitution of security; Defamation — libel by innuendo requires pleading of actual words, extrinsic facts and authenticated publication; Property/tort — fraudulent misuse of title deed by lender’s officers; Damages — general and aggravated damages must be pleaded
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26 September 2013 |
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17 September 2013 |
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Court confirms deregistration for professional misconduct despite procedural irregularities, finding no substantial miscarriage of justice.
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Disciplinary procedure; professional misconduct and medical malpractice; constitution and quorum of Disciplinary Committee (s.63, s.65); amendment of charges (rule 10); natural justice and judicial hearing (s.66(4)); irregularity not fatal if no substantial miscarriage of justice (s.68(5)); confirmation of deregistration; upholding fine on clinic; failure to prove damages
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10 September 2013 |
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Electoral Commission unlawfully barred applicants absent a High Court report; Supreme Court judgments do not substitute statutory reports.
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Electoral law — Construction of s.104(6) — requirement of a High Court report (with opportunity to show cause) before disqualification under s.22 — Supreme Court judgment does not substitute for statutory report — judicial review appropriate for pre-nomination administrative decisions — remedies: certiorari, mandamus, prohibition
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2 September 2013 |
| August 2013 |
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Prior threats and cumulative circumstantial evidence sufficed to convict the accused of murder by arson.
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Criminal law — Murder by arson: malice aforethought established by setting combustible dwelling alight; circumstantial evidence (threats, voice identification, presence, footprints, inconsistent statements) sufficient to convict; victim's re‑entry immaterial
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28 August 2013 |
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Conviction for murder where prosecution proved identity, causation and intent; provocation defence unavailable to divorced spouse.
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Criminal law — Murder: elements (death, unlawful act, causation, identity, malice aforethought) — identification evidence at night — alibi — provocation defence unavailable to divorced spouse
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26 August 2013 |
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A political party failed to show sufficient interest to be joined to judicial review proceedings; joinder application dismissed.
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Judicial review — Procedure — Order 53 RSC governs joinder — Joinder of interested parties — Sufficient interest / locus standi — Political party seeking joinder — Public interest and Attorney General representation
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22 August 2013 |
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Fatal head injuries established unlawful assault, but provocation reduced murder to manslaughter.
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Criminal law — Homicide: medical evidence disproving drowning; last-seen and admissions corroborated by recovery of clothing — Provocation as defence reducing murder to manslaughter
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21 August 2013 |
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Claim against lessor for leased-truck repairs dismissed: no collateral contract, no agency, compound interest disallowed.
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Contract law — privity of contract; collateral contract exception; agency — authority to bind principal; lease obligations for repairs; compound interest requires express agreement or acquiescence; sale of leased chattel requires lessor consent
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21 August 2013 |
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14 August 2013 |
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Judicial review dismissed as out of time, based on a repealed statute, and alternative appeal remedy available.
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Judicial review — time limits under Order 53 — application must be made promptly and within three months; Repeal of statute — cannot base review on repealed Mines and Minerals Act (Cap 213) after Act No.7 of 2008; Alternative remedy — availability of appeal to Minister bars judicial review in ordinary cases (Ex parte Goldstraw principle)
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11 August 2013 |
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High Court action to enforce a Small Claims Court judgment was dismissed for failure to exhaust Small Claims Court enforcement procedures.
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Civil procedure — Small Claims Courts Act (ss.21, 24) — enforcement of Small Claims Court judgments — proper forum for enforcement — attempted piercing of corporate veil — failure to exhaust statutory remedies
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7 August 2013 |
| June 2013 |
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Licence expired and non‑renewal not mala fide; plaintiff's damages and declaratory claims dismissed for lack of proof and legal bars.
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Contract/licence — expiry by effluxion of time and non‑renewal; allegation of mala fide termination; declaratory relief discretionary; proof and limitation of special damages; contractual exclusion of consequential loss; fixtures and fittings require written approval and are removable on termination
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25 June 2013 |
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Misconduct not a basis to punish in property division; matrimonial assets shared 50:50; company assets kept separate; stay improperly maintained.
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Family law — property adjustment and maintenance — effect of misconduct on asset division — definition of family assets — corporate assets and lifting the corporate veil — tortious damages excluded from property adjustment — stay of execution and timely notice of appeal
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10 June 2013 |
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Whether termination for medical reasons without a medical board was wrongful and whether pneumoconiosis was contracted at work.
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Employment law — termination on medical grounds; requirement of medical board not mandatory where employee accepts termination — Occupational disease — pneumoconiosis/silicosis — burden to prove workplace causation; Workers' Compensation Act s.6 preserves civil claims but does not relieve plaintiff of proving causation
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6 June 2013 |
| May 2013 |
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Court dismissed wrongful dismissal claim, finding procedural compliance and factual basis for disciplinary summary dismissals; costs to respondent.
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Employment law — disciplinary dismissal — failure to follow procedures and dishonest conduct (bribery/abuse of office) — adherence to internal Grievance and Disciplinary Procedures Code — sufficiency of factual substratum — limited judicial review of internal disciplinary decisions
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31 May 2013 |
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Petitioner’s unreasonable conduct warranted divorce; adultery allegations required joinder and cohabitation barred reliance on earlier transgressions.
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Divorce law — irretrievable breakdown — unreasonable behaviour — adultery allegations require joinder of named third party — section 12(1) cohabitation bar — presumption of paternity — DNA demand unreasonable
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28 May 2013 |
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Extension and leave granted to judicially review a presidential decision withholding a judge's statutory emoluments; stay refused.
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Judicial review — public vs private law — statutory conditions of service for judges — extension of time for leave to apply — leave to apply for judicial review — interim stay refused; case management direction to hear expeditiously
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27 May 2013 |
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An inadequately drafted/positioned penal notice and defects in service and particulars rendered committal proceedings unsustainable; leave set aside.
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Civil procedure — Enforcement of orders — Contempt/committal — Mandatory requirement for penal notice on front of injunction (Order 45(7)(4)); personal service of order and committal papers (Order 45(7)(2), Order 52); corporate contempts — sequestration of assets and imprisonment of responsible officers; curable procedural defects and Court’s discretion to dispense with service
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14 May 2013 |
| April 2013 |
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Whether the respondent's re-entry without proof of service and registration was valid; court restored the applicants' title.
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Property law — Re-entry under s.13 Lands Act — necessity of proof of service of Notice of Intention and registration of Certificate of Re-entry; bona fide purchaser reliance on official computerized land register; cancellation and restoration of Certificates of Title
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25 April 2013 |
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Belief in witchcraft and drunkenness may mitigate mandatory death but do not negate malice aforethought; accused sentenced to life imprisonment.
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Criminal law — Murder — Malice aforethought established by knowledge that actions would probably cause grievous harm — Causation/proximate cause — Post mortem findings — Extenuating circumstances: belief in witchcraft and intoxication considered at sentencing to avoid mandatory death — Sentence: life imprisonment with hard labour
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24 April 2013 |
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Illegality of the deceased’s employment barred negligence recovery despite hazardous ladder and procedural failures.
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Employment law — fraudulent/dubious employment; Occupiers’/employer’s duty of care — maintenance of escape ladderways; Negligence — mine number duplication and delayed rescue; Res ipsa loquitur inapplicable; Illegality (ex turpi causa) bars recovery; Fatal Accidents and Law Reform Act claims dependent on negligence
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23 April 2013 |
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Accused 1 convicted for vandalising an essential ZESCO cable; co‑accused acquitted due to reasonable doubt.
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Criminal law — Vandalism of electrical infrastructure — Identification evidence — Alibi particulars and police duty to investigate — Admissibility of co‑accused statements — Telephone calls insufficient to establish participation
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23 April 2013 |
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A signed note, full payment and prolonged possession satisfied Statute of Frauds; plaintiffs entitled to title and assignment.
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Property law — Contract for sale of land — Statute of Frauds: memorandum/note signed by party to be charged sufficient — part payment and long possession corroborating sale — specific performance/assignment ordered; defendant’s counterclaim dismissed
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16 April 2013 |
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A purchaser from an unauthorised administrator cannot acquire valid title; an administrator's sale without court approval is void.
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Probate — Joinder/intervention — Purchaser from purported administrator — Sale without court authority under Intestate Succession Act s19(2) void — Unlawful intermeddling under Wills and Administration of Testate Estates Act s65 — Transfer nullity
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12 April 2013 |
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A privileged legal‑advice letter copied deliberately to an agent‑witness lost confidentiality as to that recipient; expunction refused.
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Evidence — Legal‑advice privilege — confidentiality required for privilege — intentional copying to agent/witness destroys privilege as to that recipient — distinction from inadvertent disclosure cases
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7 April 2013 |
| March 2013 |
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Court finds will-nullification claim not duplicative or statute-barred but expunges inadmissible reference to pending criminal proceedings; costs shared.
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Civil procedure — preliminary objections — multiplicity of actions; Wills and Administration of Testate Estates Act — distinction between family-provision/variation claims (Part Three, s.22) and nullification claims (Part Seven, s.64(a)); limitation periods — Limitation of Actions Act; evidence — inadmissibility of relying on pending criminal proceedings in related civil matter; expunction of offending affidavit material
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27 March 2013 |
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Plaintiffs failed to prove underpayment of accrued terminal benefits but succeeded in claims for lost interest (1998–2001) and repatriation allowance.
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Employment law — terminal benefits — accrued benefits remitted to independently administered pension scheme — employer’s obligation discharged on proper remittance — claim for underpayment dismissed for failure to prove statutory/contractual entitlement; entitlement to interest for delayed remittance (1998–2001); repatriation allowance under s.13 Employment Act
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21 March 2013 |
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Court appointed a receiver over the mining licence by equitable execution, dispensing with the affidavit of fitness and denying a separate injunction.
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Equitable execution; appointment of receiver over mining licence; adequacy of property description; dispensing with affidavit of fitness under Order 30(1)(7) RSC; injunction ancillary to receivership; failure of fi.fa execution
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21 March 2013 |
| February 2013 |
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An application to "arrest judgment" cannot be brought under Order 35 r2; the correct remedy is to seek discharge of the earlier default order and leave to re-open the defence.
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Civil procedure — application to "arrest judgment" — meaning of judgment, decree and order — inherent jurisdiction — proper remedy is application to discharge earlier default order and re-open defence — application struck out and dismissed
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21 February 2013 |
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Whether the defendant on bonded study leave who took other employment was entitled to terminal benefits on resignation.
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14 February 2013 |
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Whether alleged contemnors must purge contempt before being heard and whether a corrected substitution application was an abuse of process.
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Civil procedure
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— contempt of court and purging contempt — general rule subject to exceptions; right to be heard; applications to set aside default judgment may be heard pending contempt proceedings
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— substitution of parties — withdrawal of earlier application means no res judicata; procedural irregularity permits refiling proper application; abuse of process not established
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14 February 2013 |
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Court reviewed its order and treated payment made after brief administrative delay as compliance with security-for-costs deadline.
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Civil procedure — Review under Order 39(1) High Court Act — Security for costs — Administrative failure (no receipt books) — Extension/variation of court order — Delay not inordinate or prejudicial — Costs each party to bear own
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6 February 2013 |
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Diplomatic immunity does not shield commercial acts; strict service and penal‑notice requirements under Orders 45 and 52 are mandatory for committal proceedings.
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Enforcement of orders — Orders 45 and 52 read together — strict preconditions for committal — personal service and penal notice required; Diplomatic immunity — limited to official acts; commercial acts not immune; Service — knowledge may dispense with personal service for injunction but not for notice, statement and affidavit; Penal notice — must be prominent and warn of imprisonment
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3 February 2013 |
| January 2013 |
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Insufficient drawer funds defeated plaintiff’s cheque claim; bank’s mortgage counterclaim succeeded, permitting sale on non-payment.
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Banking law — duty to present cheques for clearing; insufficiency of drawer’s funds defeats payee’s claim; Bills of Exchange Act notice provisions not a banker’s duty; negligent bank employee does not create entitlement where drawer insolvent; mortgage enforcement for overdraft arrears; damages require reliable accounting proof
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29 January 2013 |
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Leave to appeal an interlocutory in‑chambers order requires showing realistic prospects of success; failure to do so warrants refusal.
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Appeal — interlocutory/in‑Chambers orders — leave to appeal required under s.24(1)(e) Supreme Court Act and Order 59 — leave granted only if proposed grounds have realistic prospects of success or raise issues of principle
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29 January 2013 |
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Bank liable only for payment of a stale cheque; plaintiff’s negligent cheque custody precluded recovery for other forged cheques.
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Banking law — forged cheques — bank’s duty: ordinary practice of careful bankers; stale cheque paid — bank negligent; customer’s negligent custody of cheque books may preclude claim for forgery; res ipsa loquitur inapplicable
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11 January 2013 |