Results.
470 judgments found.
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| March 2020 |
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Unproven adultery alone does not defeat a mother's interim custody claim; the child's best interest governs.
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Family law — Interim custody — Best interests of the child paramount — Young child's placement with mother — Unproven adultery and excommunication insufficient to deny custody — Documentary evidence requires testing — Access rights to noncustodial parent.
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20 March 2020 |
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18 March 2020 |
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Subordinate Court lacked jurisdiction to order matrimonial property settlement absent a Local Court divorce order; judgment set aside.
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Family law — Property settlement ancillary to divorce — customary marriage requires Local Court divorce order before Subordinate Court adjudication; Civil procedure — judgment in absence — setting aside for want of service or opportunity to be heard; Land law — certificate of title not displaced by Subordinate Court absent proper jurisdictional basis.
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17 March 2020 |
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17 March 2020 |
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Application to restore caveat dismissed; respondents had notice and must appeal rather than seek review by another High Court judge.
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Caveat — restoration application under Order 35 Rule 5 — service and right to be heard — ex parte removal of caveat and eviction — functus officio — High Court judges’ equal jurisdiction (s.4 High Court Act) — remedy by appeal.
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17 March 2020 |
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16 March 2020 |
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16 March 2020 |
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16 March 2020 |
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16 March 2020 |
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Court upheld jurisdiction, dismissed application to set aside originating process, and struck evidential passages from the claim.
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Civil procedure — jurisdiction — non‑exclusive English jurisdiction clause does not oust domestic jurisdiction; Affidavit practice — prohibition of legal argument in affidavits (Order V); Writs — staleness and service (Order IX r.1); Pleadings — evidence must not be pleaded (Order 18 r.7); Originating process amendment (Order 20) and curable title defects (Commercial Division).
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15 March 2020 |
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13 March 2020 |
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13 March 2020 |
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13 March 2020 |
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11 March 2020 |
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11 March 2020 |
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11 March 2020 |
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11 March 2020 |
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Membership alone does not establish sufficient interest for joinder in a leadership dispute; joinder refused.
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Civil procedure — Joinder of parties — Order XIV Rule 5(1) HCR — locus standi — membership vs leadership disputes — necessity to effectually and completely determine issues — discretion to refuse joinder.
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10 March 2020 |
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6 March 2020 |
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Execution must first target movable assets of judgment debtors; FIFA cannot directly execute on land and post-award interest must be properly determined.
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Execution — Mode of execution on money judgments — FIFA unsuitable for direct execution on land; movable assets must be exhausted before resort to immovable property — Interest after award to be determined by tribunal or court — Corporate personality and alleged director conflict of interest.
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6 March 2020 |
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Court re-opened trial due to defendant’s unavailable material witnesses, finding risk of miscarriage of justice and awarding costs against the defendant.
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Civil procedure — Re-opening trial — Discretion under s.13 High Court Act and Order 3 Rule 2 — Hearing in absence under Order 35 Rule 3 — Miscarriage of justice test — Onus on applicant — Credibility and weight of proposed evidence — Costs as compensation.
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6 March 2020 |
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Notice-to-complete not valid and vendor lacked title; specific performance dismissed, restitution of K85,961 ordered.
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Contract law — sale of land — LAZ General Conditions of Sale: mandatory notice-to-complete procedure; service on named advocates required; Property law — nemo dat quod non habet — purchaser cannot acquire better title than vendor; Equity — unjust enrichment and restitution where contract incapable of performance.
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5 March 2020 |
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Court refused to stay proceedings for Constitutional Court referral, finding the dispute contractual not constitutional.
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Constitutional procedure — stay and mandatory referral to Constitutional Court — interpretation of national values (morality, ethics) — lender’s reserved right to sell property without court recourse — contractual dispute versus constitutional question — High Court jurisdiction.
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5 March 2020 |
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Divorce granted where parties had lived apart for five years; joint custody ordered and each party to bear own costs.
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Family law — Matrimonial Causes Act s.8, s.9(1)(e) — divorce ground: five years’ continuous separation; s.9(2) duty to inquire; proof of marriage s.90; children’s welfare and s.71(1)(b)(i); decree nisi; joint custody; costs.
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5 March 2020 |
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4 March 2020 |
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Attachment of real property allowed, but sale dismissed as premature until seized personal goods are sold and proved insufficient.
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Execution of judgment — Order XLII High Court Rules — attachment of real property — sale of real property permissible only if personal property insufficient — interpleader over seized goods — premature application for sale.
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4 March 2020 |
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A section 22(1) application challenging a business rescue resolution is not caught by the moratorium and must be commenced by originating summons.
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Corporate insolvency — Voluntary business rescue — Section 22(1) application to set aside resolution — Distinction between a challenge to the decision and proceedings against the company — Moratorium (s25(1)) inapplicable to section 22(1) applications; Procedure — absence of statutory procedure for section 22(1) applications — Rules of the Supreme Court (Order 5 Rule 3) prescribe originating summons; Party captioning — business rescue does not transfer locus standi to administrator — no requirement to indicate 'under Business Rescue Proceedings' in pleadings.
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3 March 2020 |
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Whether failure to follow passport-release procedure justified retirement in public interest and entitlement to repatriation benefits.
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Employment law — wrongful dismissal — retirement in public interest — disciplinary procedure and natural justice — substratum of facts to support disciplinary action — entitlement to repatriation benefits.
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3 March 2020 |
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Applicant entitled to interim injunction restraining respondents from denying access to the bus station and collecting levies.
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Interlocutory injunction — access to public bus station — unlawful levy collection — serious question to be tried — irreparable harm — balance of convenience — failure to oppose application.
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3 March 2020 |
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Summary dismissal held unfair where employee acted on superior's instructions; entitled to pension and contractual entitlements.
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Employment law — unfair dismissal — disciplinary procedure followed but must be supported by facts — employee acted on superior's instructions — burden on employer to prove policy and misconduct — remedies: pension and contractual entitlements; costs.
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3 March 2020 |
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Writ proper where claims exceed taxation; failure to obtain leave to serve abroad cured and retrospective leave granted.
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2 March 2020 |
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2 March 2020 |
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Application for leave to apply for review out of time dismissed for failing to provide a satisfactory explanation for delay.
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Civil procedure — High Court Rules Order 39 Rule 2 — review of judgments — 14-day time limit for review applications — late applications require special leave — insufficient explanation for delay warrants dismissal.
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2 March 2020 |
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2 March 2020 |
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Court refused consent consolidation of related suits because consolidation would alter the parties' procedural positions and set a trial date instead.
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Civil procedure — consolidation of causes — consent order — where consolidation would alter parties’ procedural positions consolidation inappropriate; related SMAG patent/copyright and defamation counterclaim.
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2 March 2020 |
| February 2020 |
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Court affirmed Surveyor General's demarcation as consistent with prior judgment, ordered title deeds per plan and apportionment of survey fees.
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Land law — boundary demarcation — omission in judgment regarding retained portion — review — multiplicity of actions — reliance on Surveyor General's site plan to give effect to earlier judgment; costs apportioned for surveyor fees.
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28 February 2020 |
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28 February 2020 |
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28 February 2020 |
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28 February 2020 |
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28 February 2020 |
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28 February 2020 |
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Interlocutory injunction granted for first plaintiff; injunction discharged for second due to Supreme Court stay.
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27 February 2020 |
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27 February 2020 |
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A plaintiff not party to a contract lacks locus standi to enforce it; amendment without leave cannot cure that defect.
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Civil procedure — Locus standi — Privity of contract bars a stranger to a contract from enforcing its terms; attempted amendment/joinder without leave cannot cure lack of standing — Alleged writ irregularity immaterial where lack of standing is dispositive.
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27 February 2020 |
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27 February 2020 |
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27 February 2020 |
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27 February 2020 |
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Writ of execution for disputed interest set aside; interest to be assessed and seized goods restored.
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Execution — writ of fieri facias — irregular execution where creditor unilaterally computes disputed interest — assessment by Deputy Registrar required — restoration of seized goods or return of proceeds — costs.
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26 February 2020 |
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Plaintiff could not obtain judgment on a land sale balance without first proving title; court ordered title deduction and procedural steps to conclude dispute.
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Contract for sale of land — requirement to deduce title before enforcing purchase price; provisions purporting to bind non-parties severed; laches and delayed prosecution; refusal of judgment on admission absent proof of ownership; procedural directions to conclude long-running litigation.
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26 February 2020 |
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Corporate veil lifted where directors used the company as a façade to defraud a creditor; directors personally liable for judgment debt.
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Company law — separate legal personality — lifting/piercing the corporate veil where company used as façade to defraud creditors; enforcement of consent judgment; directors’ personal liability; costs and interest (LIBOR) awarded.
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26 February 2020 |