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Citation
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Judgment date
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| February 2017 |
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Filing an ex parte interim arbitration application during court vacation without leave rendered it incompetent and led to dismissal.
Arbitration — interim measures — Rule 9 (Arbitration (Court Proceedings) Rules) — filing during court vacation — leave required under Order II Rule 4 and Order XLIX Rule 3(1) — jurisdictional competence; Orders 14A and 33 (Supreme Court Rules) — determination of preliminary issues; Authentication of foreign documents — Authentication of Documents Act; undertaking as to damages — Rule 9(3)(g).
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28 February 2017 |
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Plaintiff failed to prove driver’s negligence; pedestrian’s failure to observe road safety caused the accident.
Negligence – duty of care of motorists to pedestrians – Highway Code and Road Traffic Act obligations; contributory negligence of pedestrian crossing without satisfying roadway was clear; burden of proof in civil negligence – balance of probabilities; need for expert evidence to prove excessive vehicle speed; vicarious liability where employer liable only if employee negligent.
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28 February 2017 |
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A surviving spouse who contributed to the matrimonial home acquires a beneficial interest and is entitled to one‑third of its value.
Intestate succession; matrimonial home; beneficial interest arising from spouse's contribution; life interest v beneficial interest; valuation, buy‑out or sale as remedial relief; right to adduce new evidence on appeal (Order XLVII r.18).
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28 February 2017 |
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Conviction for murder: provocation and self-defence rejected; failed defences deemed extenuating, sentenced to imprisonment.
Criminal law – Murder (s.200 Penal Code) – Malice aforethought (s.204) – Defences of provocation (s.205) and self-defence (s.17) – proportionality of retaliation – extenuating circumstances and sentencing (s.201).
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24 February 2017 |
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Applicant granted specific performance and immediate possession of pledged plot; mesne profits claim dismissed.
Specific performance – Surety agreement – Delivery of land as security for repayment – Possession and eviction – Mesne profits – Unopposed originating summons under Order XXXV Rule 3 – Proof of service.
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21 February 2017 |
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Equitable interest from State allocation prevails over subsequent bad-faith purchases; plaintiff entitled to possession and eviction.
Land law – equitable interest arising from State allocation – distinction between legal and equitable rights – bona fide purchaser for value without notice – entitlement to possession, eviction and demolition of illegal structures; damages and costs.
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21 February 2017 |
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Plaintiff’s claim was statute-barred because the cause of action accrued in 2002; negotiations did not suspend limitation.
Limitation of actions – accrual of cause of action – time begins to run when all facts enabling a claim exist; negotiations between parties do not, without more, suspend the limitation period; statute-barred claims oust court jurisdiction.
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21 February 2017 |
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Deposit of title deed constituted an equitable mortgage; court awarded judgment, interest, costs and permitted sale enforcement.
Equitable mortgage – deposit of certificate of title as security – enforcement of equitable mortgage by sale/foreclosure – interest on judgment debt – Order XXX Rule 14 cumulative rights – costs – leave to appeal.
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21 February 2017 |
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A registered certificate of title is conclusive; adverse possession cannot defeat title, entitling the owner to possession, eviction and damages.
Land law – Registered title – Certificate of title conclusive; adverse possession unavailable against land with registered title – Trespass, eviction and mesne profits.
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21 February 2017 |
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A mortgagee who proves default may obtain judgment for debt, interest, foreclosure and exercise power of sale.
Mortgage law – equitable mortgage – enforcement by originating summons – default and indebtedness proven by affidavit – Order XXX Rule 14 High Court Rules; Foreclosure and sale – remedies cumulative; Interest – contractual rate to judgment, bank lending rate thereafter; Costs – awarded to mortgagee.
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21 February 2017 |
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Registered owner entitled to vacant possession; unauthorised occupier liable to immediate eviction under the Lands Act.
Land law — Vacant possession — Order 113 (originating summons) — Certificate of title conclusive (s33 Lands and Deeds Registry Act) — Adverse possession cannot be sustained against registered owner — Occupation of vacant land without authority liable to eviction (s9 Lands Act) — Proceedings in absence of respondent where service proved.
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21 February 2017 |
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Registered title holder entitled to immediate eviction of unauthorised occupier under Order 113 and Lands Act s9.
Land law – Vacant possession – Order 113 Rules of the Supreme Court – Originating summons to remove unauthorised occupier; Certificate of title – s33 Lands and Deeds Registry Act – conclusive proof of ownership; Lands Act s9 – unlawful occupation and eviction; Service and hearing in absence of respondent.
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21 February 2017 |
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Where spouses have lived apart continuously for two years and the respondent consents, a decree nisi may be granted.
Matrimonial Causes Act – Divorce – irretrievable breakdown – s.9(1)(d) – living apart for continuous two-year period – respondent’s consent – decree nisi – property settlement by Deputy Registrar – costs each party.
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21 February 2017 |
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State-created equitable interest entitles displaced beneficiary to recover possession against purchasers from party cadres without title.
Land law — equitable interest from state allocation to displaced persons — distinction between legal and equitable rights — bona fide purchaser for value without notice — possession, eviction and demolition of illegal structures — damages.
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21 February 2017 |
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Delay in seeking judicial review was self-induced; court refused to extend time absent exceptional 'good reason'.
:[
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21 February 2017 |
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Detention for four nights was reasonable for a serious offence; assault claims failed due to inadequate medical evidence and credibility issues.
Criminal Procedure Code s.26 and s.33 – lawfulness and reasonable duration of detention; False imprisonment – onus on defendant to justify admitted detention; Assault and battery – requirement of reliable medical evidence and testimony; Evidence Act s.3 – admissibility of hearsay/medical records and need for maker's testimony.
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18 February 2017 |
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Applicant failed to prove procedural irregularity or public‑policy conflict in the arbitral award; application dismissed with costs.
Arbitration — setting aside award — section 17(2)(a)(iv) and 17(2)(b)(ii) Arbitration Act — procedural compliance — public policy test — burden to prove damages — limited judicial review of arbitral awards.
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15 February 2017 |
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Writ of possession issued after consent order was set aside and matter struck out was stayed as irregular, with costs against the procuring firm.
Civil procedure — Stay of execution — Writ of possession — Irregularly obtained writ where consent order set aside and matter struck out — Order 47 RSC — Costs against advocates who procured writ without proper instructions — Leave to appeal granted.
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9 February 2017 |
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Review application dismissed: affidavit in reply contained no fresh evidence under Order 39; leave to appeal granted.
Civil procedure — Review under Order 39 High Court Rules — Requirement of fresh material evidence discoverable since decision — Affidavit in reply not constituting fresh evidence; injunction and chieftaincy dispute; locus standi and res judicata issues; leave to appeal granted.
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9 February 2017 |