Results.
19 judgments found.
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| April 2017 |
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An Originating Summons that fails to state the questions or concise relief with particulars discloses no cause of action and must be dismissed.
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Civil procedure — Originating Summons — Order 7 Rule 3 — requirement to state questions for determination or concise relief with particulars — failure discloses no cause of action; Chambers jurisdiction (Order 30 Rule 11); procedural irregularity — dismissal; internal association remedies vs court intervention.
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28 April 2017 |
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28 April 2017 |
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Minimum-wage arrears awarded from July 2012; all other statutory and damage claims dismissed for lack of proof.
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Employment law — Minimum wages (SI No.1 of 2011; SI No.47 of 2012) — entitlement to statutory allowances (transport, lunch, housing, repatriation) — employer remittance obligations (NAPSA, PAYE) — burden of proof — resignation v. termination — award of minimum-wage arrears.
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27 April 2017 |
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Plaintiff entitled to refund of advance where contract was varied but time remained of the essence and defendant failed to deliver.
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Contract law — variation versus rescission; time of the essence in delivery obligations; non-performance entitling buyer to rescind and recover advance payment; public procurement/regulatory limit on advance payments; award of interest and costs.
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26 April 2017 |
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Court entered judgment on admission, granting foreclosure and sale of mortgaged property and enforcing guarantor's liability.
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Mortgage foreclosure — Originating summons under Order 30 Rule 14 — Judgment on admission where mortgagor admits debt — Sale and vacant possession of mortgaged property — Guarantor's liability to honour guarantee.
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26 April 2017 |
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Circumstantial evidence and witness credibility established malice aforethought, leading to a murder conviction for burns causing death.
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Criminal law — Murder — Causation by burns — Malice aforethought under s204 (intention to cause grievous harm) — Circumstantial evidence and credibility — Failure to produce alleged weapon not fatal to conviction.
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24 April 2017 |
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Trial court misapplied s.206 CPC by resolving credibility at no‑case stage; prima facie case existed and retrial ordered.
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Criminal procedure — Section 206 CPC — no‑case to answer — prima facie case test; Forgery and uttering false documents; Handwriting expert evidence — weight and admissibility; Duty to call witnesses and dereliction of prosecution.
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24 April 2017 |
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Court ordered removal of a registered caveat where caveator failed to prove a continuing interest under a credit agreement.
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Lands and Deeds Registry Act s.81(1) — removal of caveat — originating summons as proper procedure — substituted service by advertisement — burden on caveator to show continuing interest — registered caveat removed where no proof of loan disbursement.
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14 April 2017 |
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Caveats by a beneficiary must be justified; failure to show cause warrants removal to allow estate administration.
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Lands and Deeds Registry Act (ss.76,81,82) — Caveats — Burden on caveator to show cause — Intestate Succession Act (s.19) — Duties of administrators — Removal of caveats where no reasonable cause shown.
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13 April 2017 |
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Court entered judgment on admission where defendant's pleadings clearly admitted part of the debt, leaving remainder for trial.
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Civil procedure — Judgment on admissions (Order XXI r.6) — Pleaded admissions must be clear and unequivocal — Partial admission and conversion of local currency to foreign currency — Remainder of claim to proceed to trial — Costs awarded.
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11 April 2017 |
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A conclusive certificate of title prevails absent distinct proof of fraud; defendant failed to impeach title and must be evicted.
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Land law — Certificate of title conclusive absent distinct proof of fraud — Allegations of fraud must be distinctly pleaded and proved — Priority of legal interest over later equitable claims — Non‑citizen may hold land if statutory requirements satisfied — Remedies against the fraudulent vendor.
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10 April 2017 |
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Divorce granted where parties lived apart for two continuous years and respondent consented to a decree.
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Matrimonial Causes Act — Divorce — Irretrievable breakdown — Living apart for two continuous years (s9(1)(d)) — Respondent's consent — Decree nisi and ancillary orders (custody, property, costs).
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10 April 2017 |
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Court struck out proceedings for parties' non-attendance, permitting 14 days to restore or face dismissal.
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Civil procedure — court lists — striking out proceedings for non-attendance — liberty to restore within fixed period — dismissal if not restored — Order 35 r 1 High Court Act.
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10 April 2017 |
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Application to remove joined parties and discharge a stay of execution dismissed; joinder upheld and matter found res judicata.
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Civil procedure — Joinder and misjoinder — Order 5 Rule 1 High Court Rules — Persons in possession of disputed property may be joined; misjoinder would cause prejudice. Civil procedure — Stay of execution — Prior ruling and res judicata — application to set aside stay dismissed. Leave to appeal granted
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10 April 2017 |
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Court struck action from active cause list for non-attendance, granting 14 days’ liberty to restore or face dismissal.
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Civil procedure — Non-attendance at hearing — Striking out action — Liberty to restore within 14 days — Dismissal if not restored — Order 35 r 1, Cap 27 High Court Act.
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6 April 2017 |
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Claim to 15% shareholding dismissed as statute-barred; alleged fraud and PACRA entries unproven.
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Limitation of actions — six-year limitation — accrual of cause of action at rejection of share claim in 1997 — allegation of fraudulent concealment unproven — requirement of PACRA-stamped/register evidence — counterclaim for alteration of Form 12 unproven.
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5 April 2017 |
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The court struck the action from the active cause list for non-attendance, granting 14 days' liberty to restore.
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Civil procedure — Non-attendance at hearing — Striking matter from active cause list — Liberty to restore within fixed period — Dismissal if not restored.
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5 April 2017 |
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Five years' continuous separation satisfies the statutory ground for divorce; custody to be determined separately and each party bears own costs.
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Matrimonial Causes Act (s.8, s.9(1)(e), s.9(2)) — irretrievable breakdown — five years' continuous separation — decree nisi — custody adjourned — costs each party bears own.
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3 April 2017 |
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Application for interim injunction pending arbitration refused; balance of convenience favoured respondent.
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Arbitration Act s.11 — interim measures pending arbitration; interlocutory injunction — American Cyanamid test; adequacy of damages; irreparable harm; balance of convenience.
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3 April 2017 |