Results.
36 judgments found.
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| November 2017 |
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30 November 2017 |
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Default declaratory judgment set aside as irregular; defendant's title restored and matter ordered to trial on merits.
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Civil procedure — Default judgment — Setting aside for irregularity — Declaratory judgments cannot be obtained by default — Order 12 Rule 1(6) — Recovery of land — Restoration of title — Status quo pending trial.
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30 November 2017 |
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29 November 2017 |
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29 November 2017 |
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Habeas corpus unavailable once detainee is charged and produced in court; application dismissed as overtaken by events.
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Habeas corpus — purpose to produce detainee and test legality of detention; not available after production/release; civil court must not re‑hear criminal merits; limits of remedy under Order 54.
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29 November 2017 |
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29 November 2017 |
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Plaintiff's writ and statement set aside for missing mandatory endorsements and for pleading evidence instead of material facts.
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Civil procedure — Irregularity — Originating process — Failure to endorse mandatory details (occupation, postal and electronic address) — Pleadings — Rule that pleadings must state material facts not evidence — Setting aside writ and statement of claim — Self‑represented litigant not excused from Rules of Court — Leave to amend and proper procedure.
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29 November 2017 |
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29 November 2017 |
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29 November 2017 |
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29 November 2017 |
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28 November 2017 |
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27 November 2017 |
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24 November 2017 |
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24 November 2017 |
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23 November 2017 |
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Judgment after a hearing was not a default judgment; application to set it aside was dismissed with costs.
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Civil procedure — Default judgment — Distinction between judgment after hearing and default judgment; originating summons — mortgage actions — requirement of leave for default judgment; setting aside judgments under Order 20 Rule 3; adjournment in Commercial Court — compelling and exceptional circumstances.
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22 November 2017 |
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An applicant cannot secure the full disputed sum where the debtor validly assigned receivables to third-party creditors acknowledged by the debtor.
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Arbitration — interim measures — Court may grant orders securing amounts in dispute — Assignments of receivables — validity and effect upon notice to debtor — priority of competing assignments — limitation on court deciding substantive issues pending arbitration.
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22 November 2017 |
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22 November 2017 |
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20 November 2017 |
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20 November 2017 |
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17 November 2017 |
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Court granted interim injunction restraining respondent from foreclosing secured assets pending trial, finding a serious question to be tried.
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Interim injunction — preservation of status quo — serious question to be tried — adequacy of damages — balance of convenience — equitable discretion — foreclosure of security pending trial.
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17 November 2017 |
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17 November 2017 |
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16 November 2017 |
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15 November 2017 |
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15 November 2017 |
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Mandatory interlocutory injunction granted to reopen plaintiffs' premises after plaintiffs showed a strong prima facie title.
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Interlocutory mandatory injunction — exceptional remedy — requirements: strong prima facie case, likelihood of success, irreparable injury, balance of convenience; competing Certificates of Title in land dispute; boundary verification by surveyor; disputes over authenticity and priority reserved for trial.
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9 November 2017 |
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Claim against supplier held statute-barred; court found bank had transferred funds and dismissed bank claim.
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Limitation of actions — accrual of cause of action — discontinuance does not stop time running — no concealment to toll limitation; Joinder after expiry of limitation period — inadmissible; Summary determination (Order 14A) — documentary proof of bank transfer sufficient to dispose claim without full trial.
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9 November 2017 |
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Court declared applicant male on medical evidence and ordered amendment of birth and examination records; deed-poll order refused.
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Sex determination — criteria (chromosomal, gonadal, genital, psychological, secondary sexual characteristics); evidence-based declaration of legal sex; limits on court-ordered deed poll; amendment of birth and examination records; High Court jurisdiction and proper commencement.
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8 November 2017 |
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8 November 2017 |
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7 November 2017 |
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Petitioner proved irretrievable breakdown due to respondent's infidelity and unreasonable conduct; decree nisi granted.
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Matrimonial Causes Act s8 & s9(1)(b) — irretrievable breakdown — unreasonable behaviour — infidelity and birth of another man's child — objective test for unreasonable behaviour — custody, maintenance and property settlement.
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3 November 2017 |
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3 November 2017 |
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3 November 2017 |
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2 November 2017 |
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1 November 2017 |