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Citation
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Judgment date
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| September 2020 |
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16 September 2020 |
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16 September 2020 |
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14 September 2020 |
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14 September 2020 |
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14 September 2020 |
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11 September 2020 |
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11 September 2020 |
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11 September 2020 |
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11 September 2020 |
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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.
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11 September 2020 |
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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.
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10 September 2020 |
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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.
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10 September 2020 |
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10 September 2020 |
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9 September 2020 |
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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.
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9 September 2020 |
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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.
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9 September 2020 |
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8 September 2020 |
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8 September 2020 |
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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.
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7 September 2020 |
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1 September 2020 |
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1 September 2020 |
| August 2020 |
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Ex‑parte leave to substantially amend pleadings was improper; amendments should be sought inter‑partes and usually on costs.
Civil procedure — Amendment of pleadings — Leave to amend may be granted at any stage but ordinarily on terms as to costs — Substantial or post‑defence amendments ought to be heard inter‑partes — Ex‑parte order to amend set aside.
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31 August 2020 |
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31 August 2020 |
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31 August 2020 |
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31 August 2020 |
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31 August 2020 |
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Employer breached duty to provide a safe wash bay; plaintiff awarded damages; contributory negligence unsuccessful.
Employer duty of care – workplace safety and supervision – inadequate wash‑bay controls and signage – breach of duty – causation – contributory negligence rejected – Mines and Minerals Act strict liability applies to registered holder only – assessment of damages (pain and suffering, permanent incapacity, loss of prospective earnings).
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31 August 2020 |
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Consent order extending a mortgage to include taxed costs bars discharge until those costs are paid; challenge requires fresh action.
Mortgage law – discharge of registered mortgage – effect of consent order – consent judgment extending mortgage to include taxed costs – consent orders binding – setting aside consent order requires fresh action – procedural fairness and equality of arms – disregarding late written submissions filed without leave.
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30 August 2020 |
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A party cannot enforce a default judgment or relitigate claims in an action previously dismissed for abuse of court process.
Civil procedure – Abuse of court process – Multiplicity of actions and forum shopping – Dismissal for abuse renders subsequent enforcement attempts and reproduced default judgments unenforceable – Res judicata – Reconstructed record and authenticity of prior rulings.
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30 August 2020 |
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Illegality defence rejected; respondents must refund monies received and face damages for fraudulent misrepresentation.
Contract law — Illegality defence; unjust enrichment — money had and received; fraudulent misrepresentation; assessment of damages; counterclaim dismissed for lack of proof.
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30 August 2020 |
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28 August 2020 |
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Application to decide ultra vires and authority issues as a preliminary point dismissed because contested factual issues require a full trial.
Civil procedure — Order 14A (White Book) — Preliminary point of law — suitability for determination without full trial; Companies law — directors’ authority, ultra vires and articles; Companies Act ss.23–24 — effect of acts contrary to articles; privity and personal guarantees; evidential limits of affidavit applications.
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28 August 2020 |
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28 August 2020 |
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27 August 2020 |
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27 August 2020 |
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27 August 2020 |
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26 August 2020 |
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26 August 2020 |
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26 August 2020 |
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25 August 2020 |
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25 August 2020 |
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25 August 2020 |
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25 August 2020 |
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25 August 2020 |
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25 August 2020 |
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25 August 2020 |
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Interlocutory injunction granted to restrain alleged unlawful mining/exploration on disputed land pending trial.
Interlocutory injunction — American Cyanamid test: serious question to be tried; adequacy of damages; balance of convenience — preservation of status quo — competing surface rights and mining/exploration rights — environmental assessment and Director of Mines' consent issues.
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22 August 2020 |
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21 August 2020 |
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Administrator's invalid appointment and sale without court sanction rendered property transfer void; purchaser must account.
:[
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21 August 2020 |
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21 August 2020 |