Results.
24 judgments found.
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| August 2014 |
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Petitioner granted divorce where respondent's violent, unfaithful and abandoning conduct made cohabitation unreasonable.
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Matrimonial Causes Act s9(1)(a)(b) — Divorce — Unreasonable behaviour — Physical violence, denial of conjugal rights, abandonment — Effect of conduct on petitioner — Decree Nisi; custody to petitioner; maintenance/property adjourned
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29 August 2014 |
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An oral accusation that the applicant is a murderer is defamatory and attracts damages where the respondent's denial is disbelieved.
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Defamation (slander) — publication and meaning of words — ordinary‑man test — proof of damage to business reputation — assessment of witness credibility and failure of justification defence.
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24 August 2014 |
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Interim injunction refused where defendant pleaded fair comment/justification and plaintiff failed to show irreparable harm.
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Defamation — Interim injunction — political speech — fair comment and justification pleaded with particulars — requirements for interlocutory restraint: statement unarguably defamatory, no grounds for truth, intention to repeat, and no viable defence — balancing freedom of expression and reputation — damages may be adequate remedy.
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18 August 2014 |
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Application to set aside originating process was res judicata; complainant should have appealed, not re‑litigate; file remitted and costs awarded.
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Civil procedure — service of originating process — Order VII r.1 (amended) — alleged absence of electronic address — res judicata and abuse of process — remedy: remit to District Registrar — costs awarded.
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14 August 2014 |
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14 August 2014 |
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14 August 2014 |
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A later suit duplicating an earlier action and seeking a conflicting injunction constitutes an abuse of process.
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Civil procedure — Multiplicity of actions and abuse of process — Conflicting interlocutory injunctions — Service on companies (s.200 Companies Act) — Conditional appearance preserves objection to irregularity — Order 14A RSC.
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13 August 2014 |
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Decree nisi granted for unreasonable behaviour; adultery ground barred by statutory cohabitation rule.
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Divorce — Grounds for divorce — Adultery — Section 12(1) barring reliance after more than six months' cohabitation following knowledge; Unreasonable behaviour — violence and fear for life; Decree nisi granted under Section 41.
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13 August 2014 |
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Restitution of property granted, stay of execution refused, and respondent granted leave to appeal out of time with 30 days to appeal.
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Restitution of possession; stay of execution of judgment; leave to appeal out of time; life interest in land; costs awarded to successful applicant.
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10 August 2014 |
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10 August 2014 |
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7 August 2014 |
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An unregistered ownership form from a local committee cannot defeat a prior certificate of title; interlocutory injunction discharged.
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Land law — interlocutory injunction — American Cyanamid principles — certificate of title conclusive under Lands and Deeds Registry Act (ss.33,35) — ownership forms issued by unauthorized committees do not defeat registered title.
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7 August 2014 |
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An unpermitted affidavit in reply containing extraneous legal argument was expunged for breaching practice and Order 5 Rule 15.
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Civil procedure — interlocutory injunctions — affidavits in support and in opposition — requirement of leave to file affidavit in reply — Order 5 Rule 15 (no extraneous matter) — expunction of inadmissible affidavit.
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6 August 2014 |
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Court permitted late registration of a memorandum of discharge of mortgage under section 6(1) where no injustice would result.
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Lands and Deeds Registry Act s6(1) — extension of registration period — late registration of memorandum of discharge of mortgage — court’s discretion; requirement of no injustice; procedural remedy versus appeal/review.
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6 August 2014 |
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Bank awarded judgment for loan arrears and authorised to enforce third‑party mortgage by sale/foreclosure after three months.
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Banking law — Loan recovery; Third‑party registered mortgage; Personal guarantees; Default, demand and notice of default; Possession/foreclosure/sale without further court order; Judgment for debt.
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6 August 2014 |
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6 August 2014 |
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6 August 2014 |
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Caveat cancelled: caveator lacked enforceable interest and failed to prove fraud; applicant’s title upheld and damages awarded.
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Lands and Deeds Registry Act — caveat removal under s.81 — caveator must disclose enforceable interest under s.76 — allegations of fraud require high proof — caveat lodged without reasonable cause attracts damages under s.82 — certificate of title prima facie evidence of ownership (s.33)
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6 August 2014 |
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Court expunged plaintiff's unauthorised affidavit in reply for contravening procedural rules and granted leave to appeal.
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Civil procedure — interlocutory injunction — affidavits in support and in reply — requirement of leave for further affidavits — discretion to admit extra affidavits — extraneous matter and legal argument prohibited by Order 5 Rule 15 — expungement of unauthorised affidavit — leave to appeal granted.
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5 August 2014 |
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Failure to comply with section 127’s attendance requirement for a juvenile’s parent/guardian rendered the trial a nullity; retrial ordered.
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Juveniles Act s127 — mandatory attendance of parent or guardian — requirement to record inquiry and reasons if attendance dispensed with; Criminal Procedure Code s338 — review and setting aside of irregular juvenile proceedings; procedural safeguards in juvenile trials; Tembo v The People applied.
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5 August 2014 |
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Plaintiffs entitled to refund after defendant misrepresented agency and sold a property he had no authority to sell.
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Property law — contract of sale — agency — misrepresentation and false pretences; recovery of deposit; burden of proof (balance of probabilities); interest and costs; leave to appeal.
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4 August 2014 |
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4 August 2014 |
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Committal cannot be used to enforce a money judgment that does not specify the time for payment; application dismissed.
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Civil procedure — enforcement of money judgments — committal for contempt — Order 45 Rules 1/3 and 5/1 — committal unavailable where judgment does not specify time for performance — burden of proof on claimant to show ability to pay.
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4 August 2014 |
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Statutory licensing breach did not void the loan and mortgage; contract enforceable despite penal sanction under Section 17.
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Banking and financial services — statutory illegality — whether licensing provision (s.17) voids contracts — construction of statute — enforcement of mortgage despite unlicensed lender — unjust enrichment
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4 August 2014 |