Results.
36 judgments found.
|
|
|
| September 2020 |
|
|
High Court revoked void Local Court administratorship and affirmed beneficiary's ownership of devolved property, restraining administrator interference.
-
Intestate succession — Local Court jurisdictional limits — appointment of administrators void ab initio; Administrator duties — collect, distribute, render account; Beneficiary rights — property devolved belongs to beneficiary; Administrator interference — unlawful once property devolved; Distribution already effected — may be left to stand if no prejudice.
|
30 September 2020 |
|
Raising preliminary issues under Order 33 Rule 3 without a court order is procedurally improper; Order 14A or ordinary opposition is appropriate.
-
Civil procedure — Order 33 Rule 3 — preliminary issues — requirement of a court order/leave to try issues; Order 14A as appropriate procedure — arbitration clause applicability — retrospective operation of arbitration agreements.
|
30 September 2020 |
|
Ex parte interim injunction to restrain collection of Agro VISA Cards denied because damages were an adequate remedy.
-
Interim injunction — requirements: serious question to be tried; adequacy of damages; balance of convenience — ex parte injunction denied where plaintiff’s claim for damages makes monetary relief adequate pending trial — dispute over collection/withholding of Agro VISA Cards.
|
30 September 2020 |
|
Possession and payment of rent can establish a tenancy despite a written lease lacking an express commencement date.
-
Rent law — requirements of a valid lease — commencement date — effect of absence of express commencement date — possession and payment of rent can create periodic/statutory tenancy — supervisory jurisdiction — limits of appellate review.
|
30 September 2020 |
|
Bank judgment for loan recovery: primary third‑party mortgage enforced; some supplemental charges found forged and void.
-
Commercial law — Mortgage action — Third‑party mortgage enforceability — Misrepresentation — Handwriting expert evidence and forgery — Bank's duty to advise surety — Foreclosure and cumulative remedies.
|
30 September 2020 |
|
Mortgagee entitled to debt and contractual compound interest; mortgagor failed to prove rental and sale receipts that would reduce indebtedness.
-
Mortgage debt — default — mortgagee entitled to payment of monies and contractual interest; accounting for rents and sale proceeds; validity of contractual compound interest; evidentiary burden to prove recovered sums.
|
30 September 2020 |
|
Appeal against trespass finding dismissed; court affirmed reliance on Surveyor General's survey and balance of probabilities.
-
Civil procedure — trespass and ejection — boundary disputes — standard of proof on a balance of probabilities — weight and credibility of evidence — primacy of Surveyor General's survey evidence over unapproved local site plans.
|
29 September 2020 |
|
Borrower owes post-sale loan balance; lender liable for unreturned empty grain bags; theft and overpayment claims dismissed.
-
Contract law — secured loan — enforcement of security — costs incidental to realization of security (transport and weighbridge) recoverable; Evidence — insufficiency of proof for theft and overpayment claims; Property/contractual incident — liability for unreturned packaging (empty grain bags).
|
28 September 2020 |
|
Court confirmed a varied Mareva injunction pending appeal but declined it as originally drafted, finding no solid current risk of dissipation.
-
Mareva injunction; freezing order; ex parte duty of full and frank disclosure; variation/discharge of interlocutory injunction; 'real risk' of asset dissipation; ordinary‑course‑of‑business exception; post‑judgment relief pending appeal; foreign defendant and enforcement risk.
|
22 September 2020 |
|
Registrar exceeded powers by cancelling a Certificate of Title under s11(1); cancellation was ultra vires and is set aside.
-
Land law — Registrar’s powers — Section 11(1) Lands and Deeds Registry Act limits Registrar to correcting register errors and does not permit cancellation of Certificates of Title; cancellation is for the courts; jurisdiction to appeal Registrar’s decisions under Sections 87 and 89; limitation bars stale claims to recover land.
|
21 September 2020 |
|
Third-party mortgage upheld; later further charge and guarantee found forged and unenforceable; bank entitled to judgment and foreclosure.
-
Mortgage action — third-party mortgage enforceability — misrepresentation — handwriting expert evidence — validity of further charge and deed of guarantee — bank's duty to advise surety — foreclosure and cumulative remedies.
|
20 September 2020 |
|
No valid variation excusing hire payments; court awarded outstanding hire fees, interest and costs.
-
Contract variation — hire of equipment — mutual agreement required for variation; standard terms (Clause 6) require credit note for deductions — set‑off and payments must be proved by contemporaneous evidence; unpaid hire fees and interest awarded.
|
18 September 2020 |
|
|
17 September 2020 |
|
|
17 September 2020 |
|
|
17 September 2020 |
|
|
16 September 2020 |
|
|
16 September 2020 |
|
|
14 September 2020 |
|
|
14 September 2020 |
|
|
14 September 2020 |
|
|
11 September 2020 |
|
|
11 September 2020 |
|
|
11 September 2020 |
|
|
11 September 2020 |
|
Plaintiff's late compliance triggered dismissal for want of prosecution, while defendant's third-party proceedings continue independently.
-
Civil procedure — dismissal for want of prosecution — effect of dismissal — Order for further directions — third-party proceedings survive dismissal — independent lis — fresh action not barred.
|
11 September 2020 |
|
Re-entry without statutory notice and opportunity to make representations is invalid; title restored to the applicant.
-
Land law — Re-entry/repossession — Section 13 Lands Act — Requirement of breach, three-month notice and opportunity to make representations — Land register printout insufficient to validate re-entry — Invalid dispossession vitiates subsequent transfer.
|
10 September 2020 |
|
Respondent's retaliatory conduct insufficient for divorce, but petitioner's neglect caused irretrievable breakdown; decree nisi granted.
-
Family law — Divorce — Irretrievable breakdown — Section 9(1)(b) unreasonable behaviour — Section 9(2) inquiry — Section 23 respondent relief — credibility and unpleaded evidence — custody and maintenance reserved.
|
10 September 2020 |
|
|
10 September 2020 |
|
|
9 September 2020 |
|
Joinder under Order 14 Rule 5(1) requires a demonstrated interest or likely affectedness; absent that, application dismissed.
-
Civil procedure — Joinder under Order 14 Rule 5(1) — Requirement that proposed party have an interest in the subject-matter or be likely affected by outcome — Survey evidence and Lands Register — Effectual and complete adjudication without joinder.
|
9 September 2020 |
|
Preliminary objection dismissed: plaintiff has a cause of action, claim not time‑barred, and no multiplicity or res judicata.
-
Civil procedure — preliminary issues — cause of action — statutory limitation for simple contract — multiplicity of actions/res judicata — separate corporate personality.
|
9 September 2020 |
|
|
8 September 2020 |
|
|
8 September 2020 |
|
Court entered judgment on admission where defendant's pleadings and correspondence plainly acknowledged the debt.
-
Judgment on admission — Admission in pleadings and correspondence — Requirement that admission be clear, unambiguous and unequivocal — Counterclaim or draft forensic report does not automatically bar judgment on admission — Orders XXI HCR & Order 27 RSC.
|
7 September 2020 |
|
|
1 September 2020 |
|
|
1 September 2020 |