Results.
37 judgments found.
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| April 2020 |
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30 April 2020 |
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30 April 2020 |
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Procedural failure to consult and inspect before converting customary land rendered the allocation and its consequences unlawful; petitioners entitled to restoration or compensation.
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Land law — Conversion of customary tenure to statutory tenure — Mandatory statutory conversion procedure and inspection/consultation requirements — Validity of subsequent certificate of title where procedures not followed; Constitutional and human rights — Forced eviction from customary land — Right to property, dignity, life, movement and non‑discrimination; Administrative law — Procedural irregularity and consequences for land allocation; Remedies — restoration, alternative land, compensation and environmental remediation.
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30 April 2020 |
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A power of attorney does not permit the donee to commence a representative suit in the donee’s own name; proceedings must be in the principal’s name.
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Civil procedure — Representative actions — Whether power of attorney confers locus standi to sue in the donee’s own name — High Court Act s.10(1) — Application of Rules of the Supreme Court (Order 6, attorney plaintiff).
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30 April 2020 |
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30 April 2020 |
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Plaintiff breached a time‑of‑essence construction contract; defendant validly terminated; plaintiff entitled only to assessed payment for work done.
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Construction contracts — time of the essence — periodic handovers — termination for fundamental breach; implied duty to cooperate between employer and contractor; reasonable notice and termination where no express clause; assessment of payment for work done; counterclaim dismissed for want of prosecution.
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30 April 2020 |
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Where the plaintiff failed to deliver time-sensitive works, the defendant validly terminated; plaintiff awarded assessed payment only.
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Construction contracts — time of essence; termination for repudiatory breach — implied duty to cooperate — mobilization funds and material supply — entitlement to payment for work done — loss of profits barred where claimant in breach — counterclaim dismissed for want of prosecution.
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30 April 2020 |
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Court refused to strike out action for want of prosecution where missing court record caused delay and prejudice was unproven.
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Civil procedure — dismissal for want of prosecution — inordinate and inexcusable delay — missing court record and reconstruction — prejudice standard — admission of liability, only quantum remaining.
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30 April 2020 |
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Application to dismiss for want of prosecution refused where delay resulted from missing court record and alleged prejudice was unproven.
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Civil procedure — Dismissal for want of prosecution — inordinate and inexcusable delay — missing court record and Registry failures — draconian remedy to be used sparingly — prejudice must be proved; hearsay insufficient — liability admitted, only quantum remains.
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30 April 2020 |
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30 April 2020 |
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Court dismissed judicial review of police prosecutions, finding no proven abuse, malice or lack of reasonable suspicion.
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Judicial review — prosecutorial discretion — police investigation and arrest — abuse of process — reasonable suspicion — limits to court intervention in prosecutions.
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30 April 2020 |
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30 April 2020 |
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Whether domiciliation of contract proceeds bound the purchaser and whether guarantors remained liable for the loan.
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Banking and contract law — trade loan facility, domiciliation of contract proceeds — whether domiciliation/assignment discharged borrower’s liability or bound third party — enforceability of personal guarantees — privity of contract.
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23 April 2020 |
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An application to set aside a Registrar's default judgment should, where possible, first be made to the Registrar; otherwise it is premature.
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Civil procedure — setting aside default judgment — Order 12(1) and 12(2); Jurisdiction — Registrar v Judge in chambers — Order 30(10); Interlocutory applications — definition and limits — Order 53(10) (Commercial Division); Procedure — defendant should, where possible, first apply to Registrar; Rules of Supreme Court (Order 35) explanatory role.
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18 April 2020 |
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Whether the respondent breached the sale contract by late payment to the bank causing recoverable exchange loss.
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Contract — completion date — late payment to redeem third-party mortgage — breach; Letters of undertaking — receipt and effect; Recoverability of exchange loss under a dollar-denominated sale; Interpretation of express contractual terms and implication of terms; Equitable relief under High Court Act s.13.
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17 April 2020 |
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Application to set aside affidavit succeeded partially: offending paragraphs expunged; remaining affidavit retained; costs to applicant taxed.
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Civil procedure — Affidavits — Extraneous matter: legal argument and prayers prohibited by Order 5 r15 — Timeliness of irregularity application: Order 2 r2 — Court’s power to amend/reswear or expunge under Order 5 r14 — Expungement of specific paragraphs.
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17 April 2020 |
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A defendant with a contractual interest in the subject matter is a proper party and cannot be struck out.
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Civil procedure — Order XIV r.5(2) — Strike out for improper joinder — Proper party test — Legal or equitable interest in relief required — Storage contract and demurrage — Disputes on contractual links are for trial.
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17 April 2020 |
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Court granted applicant sole custody and parental responsibility, prioritizing the child's welfare under the Legitimacy Act.
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Legitimacy Act s14 — Custody of illegitimate infant; High Court Rules Order 30 r11 — jurisdiction for guardianship matters; welfare of child paramount (UNCRC Art 3); parental responsibility and sole custody; change of child’s name not granted; uncontested application where respondent absent.
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17 April 2020 |
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COVID-19 alone does not constitute exceptional circumstances to grant bail pending appeal without changed prospects or risk.
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Criminal procedure — Bail pending appeal — discretionary remedy; exceptional circumstances required — COVID-19 alone insufficient unless it materially alters prospects of success or risk of serving substantial part of sentence; prior dismissal of bail not reopened where considerations unchanged.
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16 April 2020 |
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16 April 2020 |
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15 April 2020 |
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Applicant found not to be spouse at death due to prolonged separation; Administrator‑General appointed to administer and distribute estate.
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Intestate succession — customary marriage and proof of subsistence at time of death — proof and effect of prolonged separation; ownership of disputed land title — weight of land record card and allegation of fraud; appointment of Administrator‑General under Intestate Succession Act where no administrator appointed; child's entitlement to estate funds; obligation of family to assist administrator.
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15 April 2020 |
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Court held airport searches by drug enforcement officers lawful under s.25; detention for search not false imprisonment; claims and restraining order dismissed.
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Narcotic Drugs and Psychotropic Substances Act s.25 — search and seizure powers; reasonable suspicion and random airport searches; lawfulness of body/x-ray scans; freedom of movement and false imprisonment; damages for harassment/assault; injunctive relief restraining investigations.
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14 April 2020 |
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14 April 2020 |
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A fresh action enforcing pension claims is barred by res judicata and is an abuse of court process.
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Res judicata — identity of cause of action — enforcement of Supreme Court judgments — High Court jurisdiction to enforce — non-consent to prior inclusion insufficient to avoid res judicata — abuse of court process.
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14 April 2020 |
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14 April 2020 |
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Appeal succeeds: policy governed by yearly premium payable in instalments; fraud finding overturned for lack of pleading and proof.
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Insurance law — interpretation of policy terms: yearly premium payable in installments; contract embodied in exhibited policy; fraud must be specifically pleaded and proved; remedies limited to sum assured.
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14 April 2020 |
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High Court dismissed defendant's res judicata objection and struck out attempt to set aside Court of Appeal consent order; costs awarded.
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Civil procedure — res judicata — five-part test; Order 14A — conditional appearance equals notice of intention to defend; jurisdiction — High Court cannot set aside consent order approved by Court of Appeal; application dismissed with costs.
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9 April 2020 |
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A three‑month notice to vacate was invalid under the Landlord and Tenant (Business Premises) Act; six months' statutory notice required.
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Landlord and Tenant (Business Premises) Act — s5(2) notice to terminate — prescribed form and minimum six‑month notice — security of tenure — contractual clause cannot override mandatory statutory notice requirements — tenant improvements and remedies.
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9 April 2020 |
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Whether a charging order may be enforced by sale when other executions fail and affidavit satisfies Order 88 requirements.
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Charging orders — enforcement by sale — Order 50 r.9(a) and Order 88 r.5A RSC — originating summons — affidavit requirements — equity inquiry — protection of third-party interests.
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9 April 2020 |
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Whether cancellation of a certificate of title must be challenged under section 11 grievance procedures or by ordinary court action.
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Lands and Deeds Registry Act s11 — correction of errors/omissions v disputes over title; cancellation of certificate of title alleged fraud — proper remedy is court action; mode of commencement — writ appropriate where rights to land are to be determined; procedural requirements under Order 14A — summons/motion required; distinction between grievance procedure, appeal and judicial review.
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9 April 2020 |
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Whether leave of court was required to sue companies in liquidation and whether the claim was time‑barred.
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Civil procedure — Order 14A RSC — preliminary issues; Corporate Insolvency Act — ss.66 & 98(2) — leave required before suing companies in liquidation; Liquidation procedure — application of Corporate Insolvency Act via s.138; Limitation — provable debts in liquidation suspend six‑year limitation; Banking and Financial Services Act relevance clarified.
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7 April 2020 |
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6 April 2020 |
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High Court has jurisdiction to grant leave to appeal interlocutory rulings; Court of Appeal Act and Rules govern appeal procedure.
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Appeal — interlocutory rulings — leave required under s.23(1)(e) Court of Appeal Act; 'judgment' includes 'ruling' — Court of Appeal Act and Rules govern appeals; High Court Rules’ 14‑day provision inapplicable to appeals to Court of Appeal.
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6 April 2020 |
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4 April 2020 |
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A facility letter placed insurance duty on the applicant; respondent liable for service lapses—nominal damages and an audit ordered.
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Contract interpretation — facility letter — insurance obligation on borrower; Privity of contract — non‑party landlord has no claim; Banking law — duty to supply services with reasonable care and skill (Competition & Consumer Protection Act) — system irregularities and wrongful charges; No evidence of unauthorised disclosure to third parties; Remedies — nominal damages and court‑ordered independent audit.
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3 April 2020 |
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Proceedings validly commenced before liquidation; subsequent winding-up required leave to continue, so action stayed by operation of law.
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Corporate insolvency — s66 Corporate Insolvency Act — leave required to proceed where winding-up order made or provisional liquidator appointed; commencement of proceedings before liquidation — effect of subsequent compulsory liquidation — stay of proceedings by operation of law; arbitration — s10 Arbitration Act — court cannot refer to arbitration where action stayed by insolvency law and no leave obtained.
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2 April 2020 |