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Citation
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Judgment date
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| October 2020 |
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Restructured loan enforceable; excessive interest reduced; unregistered land charge void; debtor ordered to pay recomputed balance.
Restructured loan governs rights; debtor bears burden to prove payments; Money-Lenders Act caps interest (48%); unlawful/usurious interest substituted; land charge void without registration; MPSI Act requires proof of ownership/registration for movable security.
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29 October 2020 |
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Shareholders cannot obtain an injunction over company land unless the company is a party or has authorized the application.
Company law – separate legal personality; locus standi of shareholders – interlocutory injunction – requirement that company (owner) be a party or that applicants show corporate authority/board resolution; Order 29 Rule 1 (interlocutory injunction by a party); preservation of status quo vs creating new conditions.
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23 October 2020 |
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21 October 2020 |
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15 October 2020 |
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14 October 2020 |
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14 October 2020 |
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Business rescue commenced within pending winding‑up by a non‑party without notice to appear was irregular and set aside.
Corporate Insolvency Act; business rescue proceedings; locus standi of shareholder/director; Companies (Winding‑Up) Rules 2004 Rule 10(1); procedural irregularity; commencement of proceedings; originating notice of motion in pending winding‑up; ex parte order set aside.
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14 October 2020 |
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Contempt application dismissed because the injunction's prohibition to "interfere" with the contract was ambiguous.
Contempt of court; injunctions—terms must be clear and unambiguous; "interference with contract" ambiguous when directed at a contracting party; jurisdiction under Order 52.
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13 October 2020 |
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Court refused late application to amend Defence to plead fraud due to inordinate delay and prejudice to the Plaintiff.
Civil procedure - amendment of pleadings; Order 18 High Court Rules; Practice Note 20/8/11 (White Book) - amendments introducing fraud at trial; delay and prejudice; late pleas of fraud disallowed.
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12 October 2020 |
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Court orders both parents to share children’s costs; petitioner to pay K6,500 monthly, school and activities split 50/50.
Family law – Maintenance of children – Matrimonial Causes Act s56(1) – assessment of income, earning capacity and needs – COVID-19 does not absolve parental maintenance obligations – transport and employer-provided medical cover; uninsured medical costs shared 50/50 – termly school fees and extra-curricular activities shared 50/50 – petitioner ordered to pay K6,500 monthly – costs borne by each party – leave to appeal granted.
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8 October 2020 |
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Slip rule is limited to correcting clerical slips; a party dissatisfied with a costs order must appeal, not seek amendment.
Civil procedure — Slip rule (Order 20 r.11) — Correction of clerical mistakes only — Interpretation or amendment of judgments not permitted to alter substantive costs orders — Costs — Appeal remedy.
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6 October 2020 |
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The accused were convicted of vandalising electricity cables; scene-reconstruction and leading evidence were held admissible.
Criminal law – Vandalism of electricity infrastructure – elements of the offence – admissibility of scene-reconstruction and leading evidence – voluntariness of recorded admissions – effect of investigative lapses (dereliction) – corroboration by unexplained coincidences.
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6 October 2020 |
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Recent possession, recovery of victim's belongings, and circumstantial proof supported convictions for murder and aggravated robbery.
Criminal law – Murder (s.200, s.204 Penal Code) – Aggravated robbery (s.294(1) Penal Code) – Circumstantial evidence – Recent possession doctrine – Admissibility of suspects leading police to recovered exhibits – Forensic post-mortem evidence – Failure to lift fingerprints.
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2 October 2020 |
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Arbitration clause in an unregistered (void ab initio) lease does not survive; without-prejudice labels do not guarantee exclusion.
Arbitration — Severability — Arbitration clause does not survive where underlying agreement is void ab initio for non-registration; Without-prejudice communications — admissibility where no genuine settlement attempt or exceptions apply; Stay of proceedings under s.10 Arbitration Act.
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1 October 2020 |