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Citation
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Judgment date
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| December 2020 |
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Plaintiff's unfair dismissal and malicious prosecution claims dismissed; entitled only to half-salary during suspension; defendant succeeded on negligence counterclaim.
Employment law – summary dismissal justified where employee authorised unsupported transfers and benefited; entitlement to suspension half-pay under employer's disciplinary code; malicious prosecution requires absence of reasonable and probable cause; negligence and breach of fiduciary/duty of care – counterclaim upheld for specific irregular transaction; damages to be assessed.
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31 December 2020 |
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Contractual termination by payment in lieu for unsatisfactory performance was lawful; no wrongful, unfair or unlawful dismissal found.
Employment law – termination v dismissal – contractual termination by notice/payment in lieu – performance‑based termination – appraisal criteria changes – wrongful and unfair dismissal tested by procedure and substance – audi alteram partem not mandatory for contractual notice termination – damages for unearned future salary not recoverable.
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31 December 2020 |
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Failure to file mandatory accompanying documents with originating process is an irregularity warranting setting aside.
High Court Rules — Order 6(1) (as amended by S.I. No. 58 of 2020): mandatory attachment of statement of claim, list/description of documents, list of witnesses, and letter of demand — non‑compliance amounts to irregularity; registry acceptance does not cure breach; court power to set aside originating process
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28 December 2020 |
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27 December 2020 |
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27 December 2020 |
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26 December 2020 |
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Interlocutory injunction refused where applicant sought monetary relief but failed to prove respondent cannot satisfy damages.
Interlocutory injunction — adequacy of damages — pleading monetary relief implies adequate remedy at law — burden on applicant to prove respondent's inability to satisfy judgment — Order 30 Rule 6A — stare decisis.
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21 December 2020 |
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A defendant's signed written acknowledgment of debt permits judgment on admission and recovery of payment, interest and costs.
Judgment on admission — Order XXI, Rule 5; written acknowledgment of debt — genuineness of signature; breach of contract — damages; interest as general damages (2% p.a. from writ date); costs taxed in default.
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17 December 2020 |
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Written design-and-build contract; variation permitting owner-purchased materials; breach and negligence for building without approvals; refunds for borehole and fittings.
Contract law — written design-and-build lump-sum contract; parol evidence and collateral variation; variation by mutual agreement and consideration; forbearance vs variation; construction law — implied term and duty to obtain planning/building approvals; negligence for commencing works without statutory permits; remedies — damages and refunds for breached ancillary oral contracts; counterclaim failure for lack of particulars and evidence.
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16 December 2020 |
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Trustee's contractually limited role and the exchange's statutory remit precluded liability for the investor's losses.
Securities law – note trustee duties under Trust Deed – contractual limitation of monitoring; Guarantee cancellation by issuer notice; securities exchange obligations rest with issuer; requirement of SEC approval for exchange rules; no piercing of corporate veil.
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15 December 2020 |
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Interim injunction refused: serious issue to be tried, but damages are an adequate remedy; leave to appeal granted.
Interim injunctions – American Cyanamid principles – whether serious question to be tried – adequacy of damages versus irreparable injury – balance of convenience unnecessary where damages suffice – disputes over oral periodic tenancy termination, alleged illegal structures, rent arrears and property dilapidation.
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13 December 2020 |
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Five-year continuous separation establishes irretrievable breakdown justifying decree nisi; ancillary matters referred to mediation.
Matrimonial Causes Act s8 and s9(1)(e) – five-year continuous separation – irretrievable breakdown – decree nisi – no reasonable likelihood of resumption of cohabitation – s18(1) hardship not pleaded – referral of property, maintenance and custody to mediation (SI 72 of 2018 reg 4(4)) – costs each party.
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13 December 2020 |
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5 December 2020 |
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Signed financing agreement constituted an admission of K1,277,367 enabling judgment on admission and damages for breach.
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4 December 2020 |
| November 2020 |
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Whether a creditor may set aside a business rescue resolution and administrator appointment for lack of rescue prospects and competence.
Corporate Insolvency Act s22, s36, s44 – Business rescue – Setting aside resolution commencing business rescue – Competence of business rescue administrator – ‘Reasonable prospect’ test – Court’s jurisdiction despite creditors’ internal review rights.
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25 November 2020 |
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Claim for commission dismissed: plaintiff failed to prove agency or partnership and did not discharge the burden of proof.
Company law – corporate personality; Agency and partnership – oral agreements and actual authority; Burden of proof in asserting agency/partnership; Privity of contract; Claims for commissions without formal appointment.
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24 November 2020 |
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Petitioner’s adultery established irretrievable breakdown; unreasonable‑behaviour claim failed for condonation and inadequate particulars.
Family law – Matrimonial Causes Act – irretrievable breakdown – unreasonable behaviour (s9(1)(b)) – requirement for particulars and effect of condonation; adultery (s9(1)(a)) – admission as proof; joinder of alleged third party (s10(1)) mandatory; Section 13 six‑month rule; welfare of children and property referral.
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13 November 2020 |
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Court expunged improper legal arguments from counsel’s affidavit, admitted a curably defective affidavit, and ordered security or interim attachment.
Procedure – interlocutory applications – preliminary issues under Order 14A; Affidavits – jurat requirements and curable defects; Affidavits – deponents who are counsel must not include legal argument or prayers; Interim attachment – Order 26, Rule 1, requirement to call for security and court's discretion where defendant is non-resident and goods at risk of removal.
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8 November 2020 |
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Where the dispute arose after Constitution Amendment Act No. 2 of 2016, no leave is required to file the complaint out of time.
Industrial relations — leave to file out of time — applicability of section 85(3) ILRA — effect of Constitution Amendment Act No. 2 of 2016 — amicable settlement attempts as excuse for delay.
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6 November 2020 |
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Whether a later municipal allocation can defeat the applicant's prior property rights defined by original boundary fences.
Land law – sale of land – identification of sold parcel by physical demarcation (wire fence, poles) – erroneous/undated site plans and numbering do not defeat an agreed identifiable sale; Survey diagrams – vendor’s obligations and privity of contract; Municipal allocation – later allocation cannot lawfully encroach on previously sold, physically demarcated land; Possessory and evidential weight of fence stumps and poles.
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6 November 2020 |
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A receiver's termination under a deed was lawful; remuneration requires proven recoveries, while qualifying expenses are secured and payable from charged assets.
Corporate Insolvency Act — appointment and revocation of receivers under deed of appointment; termination-by-notice clauses; receiver's remuneration contingent on recoveries; statutory/regulatory fee caps and freedom of contract; expenses incurred by receiver treated as secured claims with priority under section 20(4).
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3 November 2020 |
| 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 |
| September 2020 |
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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.
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30 September 2020 |
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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.
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30 September 2020 |
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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.
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30 September 2020 |
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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.
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30 September 2020 |
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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.
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30 September 2020 |
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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.
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30 September 2020 |
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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.
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29 September 2020 |
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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).
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28 September 2020 |
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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.
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22 September 2020 |
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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.
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21 September 2020 |
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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.
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20 September 2020 |
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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.
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18 September 2020 |
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17 September 2020 |
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17 September 2020 |
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17 September 2020 |