Results.
12 judgments found.
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| August 2015 |
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14 August 2015 |
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Non-compliance with an 'Unless' costs order bars further applications until costs are paid.
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Civil procedure — 'Unless' orders and compliance — preliminary points under Rules of the Supreme Court — Order 14A/1 inapplicable where question not finally dispositive; Order 33/3 applicable — abuse of court process — adjournment sine die with liberty to restore — costs ordered.
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14 August 2015 |
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Plaintiff lacked standing because no concluded contract existed between the plaintiff and the defendant; claim dismissed.
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Contract formation — agreement in principle vs concluded contract; Privity of contract — party status and locus to sue; Construction contract addendum — rights and consideration; Specific performance/estoppel/legitimate expectation — inapplicable absent privity; Multiplicity/abuse of process.
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14 August 2015 |
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Where the defendant admitted key facts, the court entered judgment on admissions ordering specific performance and mesne profits.
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Civil procedure — Judgment on admissions (Order 21 r.6 HCR; Order 27 r.3 RSC) — Specific performance — Vacant possession — Mesne profits — Damages not awarded in addition to specific performance.
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11 August 2015 |
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Respondent's cohabitation with another woman found to be unreasonable behaviour establishing irretrievable breakdown.
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Matrimonial Causes Act s9 — irretrievable breakdown — unreasonable behaviour — cohabitation with another person as evidence of breakdown — objective test (Mahande v Mahande) — referral of property adjustment to Deputy Registrar.
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11 August 2015 |
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Court enforced the parties' written variation surrendering the L2606D, dismissing both monetary claim and counterclaim; each bears own costs.
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Contract variation — subsequent written agreement substituting security equipment; Sale of goods — unpaid seller's remedy, repossession and lien; Parol evidence and interpretation of ambiguous minutes; Enforcement of parties' consensual variation; Relief for deprivation of use/accounting.
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7 August 2015 |
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Court expunged an affidavit paragraph that contained legal argument, upholding Order 5 Rule 15 against legal conclusions in affidavits.
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Civil procedure — Affidavits — Admissibility of content — Order 5 Rules 15–17 High Court Rules — Affidavits must not contain legal argument or conclusions; factual statements permissible — Expungement of impermissible paragraphs.
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7 August 2015 |
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Where the respondent failed to appear after substituted service, the applicant obtained judgment and liberty to foreclose and sell the mortgaged property.
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Foreclosure — mortgagee’s remedy — possession and sale — originating summons under Order 30 Rule 14 — substituted service by advertisement — default judgment — interest per Order XXXVI Rule 8 and Judgments Act — foreclosure/sale without further court order on default.
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6 August 2015 |
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Defendant's strike-out application dismissed for non-prosecution; default judgment entered for plaintiff; limitation not expired.
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Civil procedure — Default judgment — Failure to file defence — Application to strike out as statute-barred under Order 14 Rule 1 and the Limitation Act 1939 dismissed for non-prosecution; limitation based on alleged fraud not expired; Commercial Court requires expeditious pleadings.
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6 August 2015 |
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Joinder of parties without a court order for non-joinder is irregular and the added parties were struck out.
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Civil procedure — Joinder of parties — Non-joinder order required — Irregular joinder as abuse of court process — Authenticity and presence of orders on court record — Striking out improperly joined parties — Costs awarded to successful applicants.
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6 August 2015 |
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Decree nisi granted for irretrievable breakdown after five-year separation; custody awarded and alleged bigamy referred for investigation.
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Matrimonial law — irretrievable breakdown — five years' continuous separation as ground for divorce — decree nisi; custody and access; referral of maintenance and property settlement to Registrar; costs to successful party where petitioner abandons petition; alleged bigamy referred to police and DPP.
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2 August 2015 |
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Improper commencement under Rule 3 voided proceedings; court set them aside and ordered each party to bear its own costs.
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Landlord and Tenant (Business Premises) Act — mode of commencement — Rule 3 inapplicable to claims for annulment of termination and damages — preliminary issue on jurisdiction — proceedings set aside for irregularity — costs: each party to bear own costs.
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2 August 2015 |