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Citation
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Judgment date
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |