Results.
8 judgments found.
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| November 2015 |
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20 November 2015 |
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Interim injunction refused where plaintiff failed to prove irreparable harm and damages were an adequate remedy.
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Interlocutory injunction — Cyanamid principles — Serious question to be tried; irreparable injury; adequacy of damages; balance of convenience; status quo is the position immediately preceding commencement of proceedings — refusal of injunction where decision already acted upon.
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13 November 2015 |
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Court held judicial review appropriate where applicant challenges decision‑making process despite statutory appeal route under s73.
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Administrative law — judicial review vs statutory appeal under s73 ICT Act — challenge to decision‑making process (procedural impropriety/illegality) — Order 14A procedure and mode of commencement.
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12 November 2015 |
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Summary possession under Order 113 is inappropriate where the occupier alleges agent consent and other triable factual or equitable disputes.
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Land — summary possession (Order 113 RSC) — limited to clear cases of squatting — alleged agent consent, promissory estoppel and disputed facts require trial — summary procedure inappropriate.
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11 November 2015 |
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Alleged disrepair did not excuse tenant's withholding of rent; court ordered recovery and vacant possession.
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Rent Act — recovery of rent and vacant possession; landlord's repair obligations — alleged disrepair does not justify withholding rent; interest and costs; leave to appeal.
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10 November 2015 |
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A stay pending appeal requires shown prospects of success; account and restitution applications lacked statutory or procedural basis.
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Civil procedure — Stay of execution pending appeal — Applicant must show appeal has merit and prospects of success; Evidence (Bankers' Books) Act — application unsupported; restitution for goods damaged during execution — procedural basis misconceived.
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10 November 2015 |
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9 November 2015 |
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A defendant’s application to decide a statute-bar preliminary issue was dismissed and the dispute ordered to proceed to full trial.
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Civil procedure — Preliminary issue (Order 14A) — Application to strike out as statute-barred — Whether summary determination appropriate — Overlapping ownership proceedings — Matters to be determined at full trial.
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5 November 2015 |