Results.
126 judgments found.
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| December 2021 |
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An unwed father's prior denial of paternity and failure to assume parental duties bars inheritance absent legal recognition.
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Intestate succession; putative/unwed father; parentage and legitimacy; requirement to demonstrate parental commitment or obtain declaration of parentage; biological link alone insufficient for inheritance.
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29 December 2021 |
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Sole custody granted to the applicant as being in the child’s best interests; respondent granted liberal access.
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Children’s Code Act — custody orders — best interests of the child — statutory factors including child’s wishes — sole custody to primary caregiver — liberal access to non‑custodial parent — unopposed application does not remove duty to determine merits.
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27 December 2021 |
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22 December 2021 |
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Court ordered preliminary issues under Order 14A be heard first to determine competence of application to discharge an injunction.
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Civil procedure — Order 14A White Book — Preliminary issues — Notice of Motion to raise preliminary issues — Competence of application to discharge injunction — Interlocutory determination may dispose of an issue or claim.
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14 December 2021 |
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Employment Code equal-pay rules required employer to remedy salary and housing allowance disparities from 9 May 2020.
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Employment law — equal pay for equal work — Employment Code s5(4) — transitional provisions and effective date (9 May 2020) — employer burden to prove remuneration policy — housing entitlement s92 — underpayment of salary, leave and gratuity.
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2 December 2021 |
| November 2021 |
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Court permitted payment of admitted judgment debt in higher monthly instalments, finding the defendant’s proposed plan unfair and granting leave to appeal.
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Civil procedure — Payment of judgment debt in instalments — Instalment orders must fairly balance debtor’s affordability and creditor’s right to prompt satisfaction; default clause enforceable
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Evidence — Affidavit in reply — No leave required to file an affidavit in reply (distinct from further affidavits). Interest and costs awarded; leave to appeal granted
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30 November 2021 |
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Petitioner failed to prove, to the high standard required, that violence was attributable to the candidate or his appointed agents to annul the election.
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Electoral law — election petition — standard and burden of proof higher than ordinary civil cases — misconduct must be by candidate or his named election/polling agents or with their knowledge/consent — allegations of widespread violence and intimidation — agency and attribution — unpleaded grounds in submissions impermissible — ECZ investigatory and administrative powers.
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26 November 2021 |
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26 November 2021 |
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Petitioner failed to prove, to the high standard required, that misconduct or non-compliance invalidated the election result.
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Electoral law — election petition — standard of proof (fairly high degree of convincing clarity) — allegations of bribery, intimidation, illegal rallies and document discrepancies — requirement to prove misconduct by candidate or his duly appointed agents — prescribed objection procedures (section 70) — non-compliance must be widespread to affect result.
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26 November 2021 |
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Petitioner failed to prove widespread corrupt practices affecting majority of voters; election upheld and petition dismissed.
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Electoral law — election petition — section 97 Electoral Process Act — allegations of bribery, distribution of goods, threats and abuse of government resources — high standard of proof in election petitions — requirement to prove widespread effect on majority of voters — conduct of electoral commission — dismissal of petition.
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25 November 2021 |
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Petitioner failed to prove widespread electoral malpractice or candidate/agent involvement; election upheld.
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Election law — corrupt and illegal practices (treating, vote buying, ferrying voters) — agency and attribution — standard of proof in election petitions (fairly high degree of convincing clarity) — GEN20 forms and transparency at totaling centres.
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24 November 2021 |
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Election petition alleging vote‑buying and result tampering failed for lack of proof linking misconduct to candidate or affecting majority.
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Election law — corrupt and illegal practices — vote‑buying and treating — burden and standard of proof in election petitions — identification of candidate's agents — GEN20 forms and result integrity — access to totaling centre and transparency — substantial compliance doctrine.
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24 November 2021 |
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Petitioners failed to prove respondent-linked, widespread malpractice to annul the parliamentary election.
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Election law — Section 97 EPA — nullification threshold; bribery and treating — proof and widespread effect; undue influence and threats; election agent and polling agent liability; standard of proof higher than balance of probabilities; ECZ procedural irregularities but no substantial effect on result.
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24 November 2021 |
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Petitioner failed to prove widespread corrupt practices or misconduct preventing voters’ choice; election upheld.
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Electoral Process Act s97; election petitions—burden and standard of proof; corrupt and illegal practices; vote buying and relief goods; misuse of state resources; electoral violence and intimidation; requirement that misconduct be widespread and by candidate or his election/polling agents.
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24 November 2021 |
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Isolated misconduct proved but not widespread enough to vitiate the election; petition dismissed.
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Electoral law — impersonation (s82) — undue influence and false allegations (s83; Reg 15(1)(c)) — standard of proof in election petitions — requirement that misconduct be widespread to vitiate election — substantial conformity by electoral commission (s97(4)).
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24 November 2021 |
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Petitioners failed to prove widespread illegal registration, bribery or misconduct that affected the Milanzi election result.
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Electoral law — election petitions — standard and burden of proof under s.97(2) Electoral Process Act — alleged foreign voter registration and ferrying — bribery/treating and undue influence by officials and traditional leaders — opened ballot boxes/GEN20 anomalies — substantial compliance and effect on result.
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24 November 2021 |
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Applicant failed to prove bribery, undue influence or widespread non-compliance sufficient to nullify the respondent’s election.
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Election petitions — elevated civil standard of proof; bribery and corrupt treating — requirement to prove candidate/agent involvement; undue influence/violence — must be widespread or likely to affect majority of voters; corroboration required for partisan witnesses; non-compliance with campaign rules and effect on result.
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23 November 2021 |
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Petitioner failed to prove widespread, agent‑attributable electoral malpractice; election and nomination challenge time limits not met.
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Electoral law — election petitions — burden and standard of proof (fairly high degree of convincing clarity); candidate liability limited to acts of personally appointed election/polling agents or with candidate’s consent; nomination challenges subject to Article 52(4) time limits; vote‑buying, ferrying, intimidation and treating require independent corroboration and proof of widespread effect to annul election; philanthropy distinguished from bribery.
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23 November 2021 |
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Petitioner failed to prove widespread illegal practices, forged documentation, or candidate’s culpability; election upheld.
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Electoral law — election petition — standard of proof higher than balance of probabilities — allegations of foreign registration, bribery, misuse of government resources and violence — need for authenticated documentary/electronic evidence and credible non-partisan witnesses — candidate liable only for acts by appointed election/polling agents or acts done with candidate’s knowledge, consent or approval — election upheld.
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23 November 2021 |
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Petitioner failed to prove bribery, widespread defamation, or attributable violence; election upheld and petition dismissed.
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Election law — parliamentarian election petition; standard of proof; bribery vs philanthropic gifts; character assassination (defamation) — requirement of widespread effect; undue influence/intimidation; ECZ non-compliance.
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22 November 2021 |
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Petitioner failed to prove corrupt practices, undue influence or ECZ breaches of sufficient scale to void the parliamentary election.
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Electoral law — corrupt and illegal practices; undue influence and intimidation; use of government facilities for campaigning; standard and burden of proof in election petitions; requirement of widespread effect to void election; judicial review of ECZ conduct.
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22 November 2021 |
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Petitioner failed to prove corrupt or widespread electoral misconduct sufficient to annul the respondent's election.
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Electoral law — election petition — burden and standard of proof; corrupt and illegal practices (bribery, undue influence, use of government property); attribution to candidate via election/polling agents; requirement that misconduct be widespread or affect result; ECZ procedural breaches and substantial conformity threshold.
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22 November 2021 |
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Whether alleged widespread electoral malpractices and candidate ineligibility nullified the parliamentary election; petitioners failed to prove.
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Electoral law — Election petitions — Burden and elevated standard of proof — Corrupt and illegal practices — Liability only for acts by candidate or his nominated election/polling agents or with candidate’s knowledge/consent — Widespread malpractice requirement — Corroboration of partisan witnesses — Candidate qualification (Examinations Council verification) — Article 52(4) nomination challenge timing.
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22 November 2021 |
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Alleged irregularities proved in part but not widespread or material; election held valid, petition dismissed.
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Electoral law — election petition standard of proof; corrupt/undue influence; distinction between government programmes and party activity; ECZ duties on voter identity; materiality of irregularities to result.
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22 November 2021 |
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Whether violence and intimidation by the respondent and supporters nullified the election result.
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Electoral law — election petition — burden and standard of proof (high degree of convincing clarity); electoral offences — bribery/vote buying and removal of campaign material — insufficient proof; intimidation, undue influence and violence — proved in key wards; voter registration issues — possession of valid NRC and voter card is prima facie compliance; preliminary procedural issue — security for costs objection dismissed; relief — election nullified, petitioner not declared elected; leave to appeal granted.
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22 November 2021 |
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Petitioner failed to prove widespread electoral malpractice; respondent’s election upheld and petition dismissed.
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Electoral law — Election petitions — Electoral Process Act s97(2)(a),(b) — Standard of proof: fairly high degree of convincing clarity — Majority clause requires widespread misconduct preventing majority of voters’ choice — Undue influence, bribery, treating, ferrying, philanthropic activity versus corrupt practice — Agent attribution and knowledge/consent — Substantial compliance by electoral commission — GEN forms and procedural omissions.
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22 November 2021 |
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Petitioner failed to prove intimidation or widespread malpractices sufficient to vitiate the parliamentary election.
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Election petition — higher standard of proof — burden on petitioner to prove corrupt/illegal practice by candidate or with candidate’s knowledge — intimidation and invasion of privacy require proof of agent link — malpractice must be widespread to affect majority of voters — partisan witness evidence requires independent corroboration — ECZ assistance to illiterate voters lawful.
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19 November 2021 |
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Petitioner proved episodes of violence involving the respondent, but must also show misconduct was widespread enough to deny the majority a free choice.
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Election law — burden and standard of proof in election petitions; corrupt/illegal practices and misconduct; undue influence and use of government resources; violence and intimidation at polling stations; requirement that misconduct be widespread (majority of voters) under s97(2)(a).
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19 November 2021 |
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Petitioner failed to prove widespread misconduct or unlawful tabulation; election upheld and petition dismissed.
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Electoral law — election petition — section 97(2) E.P.A. — standard of proof — undue influence/violence — publication on social media — bribery/vote‑buying — GEN 20 forms and totaling centre irregularities — requisites for annulment.
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19 November 2021 |
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Election annulled because the winning candidate lacked the constitutionally required Grade 12 qualification despite isolated misconduct findings.
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Electoral law — parliamentary election petition — misconduct (bribery/vote buying) — procedural irregularities in Gen 20 forms — eligibility requirement (Grade 12) — effect on result — substantial compliance test.
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19 November 2021 |
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Petitioner failed to prove misconduct by the candidate or his agents to annul the parliamentary election.
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Electoral law — Election petition — Section 97(2) Electoral Process Act — Standard of proof: fairly high degree of convincing clarity — Burden on petitioner — Undue influence, bribery, vote alteration, missing GEN20 forms and non-conducive totaling centre — Candidate liability limited to acts by candidate or appointed election/polling agents or with candidate’s knowledge/consent — Recount/scrutiny relief not available at this stage.
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19 November 2021 |
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Bribery and undue influence proved in part, but not shown to be widespread enough to annul the election.
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Electoral law — Election petition — Bribery (vote‑buying) and undue influence proven in part — Requirement that malpractice be "widespread" so as to affect majority of voters — Standard and burden of proof in election petitions — Sections 81, 83 and 97 Electoral Process Act; Electoral Code of Conduct; role and admissibility of witness evidence; uncertified civic organisation (GOZA) allegations.
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19 November 2021 |
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Petitioner failed to prove misconduct or material irregularity attributable to the candidate; election upheld, limited costs awarded.
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Electoral law — Election petition — Misconduct (violence, intimidation, vote‑buying) — Link to candidate or agents — Procedural irregularities (Gen 20 forms v Form 19) — Burden and elevated standard of proof — Substantial compliance with Electoral Process Act.
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19 November 2021 |
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Petitioner failed to prove widespread corrupt practices or ECZ non‑compliance sufficient to void the election.
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Election law — standard of proof in election petitions ("fairly high degree of convincing clarity") — elements for voiding an election under s.97(2)(a) — candidate’s liability limited to acts by the candidate or with knowledge/consent of appointed election/polling agents — GEN 20/formal irregularities do not automatically vitiate results — recount/verification requires formal application.
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18 November 2021 |
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Alleged corrupt practices and irregularities were mostly localized or unproven; illegal ‘foot‑soldier’ recruitment found but did not change result.
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Electoral petition — burden and standard of proof (fairly high degree of convincing clarity); partisan evidence requires corroboration; corrupt/illegal practices (voter-card buying, bribery, undue influence, distribution of social cash, food); tribal/ethnic campaigning; intimidation by traditional leaders; political violence and state security actions at polling stations; denial of polling agents/GEN 20 forms by electoral officers — substantial conformity test; recruitment of registered voters as 'foot soldiers' may constitute bribery but must be shown to have affected result.
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17 November 2021 |
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Petitioner failed to prove widespread electoral malpractice; court upheld the declared winner and dismissed the petition.
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Electoral law — election petition standard of proof — Section 97 EPA; GEN 20a signature omissions; vote buying/treating; misuse of government resources; widespread misconduct requirement; validity of declaration/reprint dates; burden of proof in election disputes.
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17 November 2021 |
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Petitioner failed to prove that electoral malpractices were committed by the respondent or his duly appointed agent to annul the election.
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Electoral law — election petition standard of proof higher than civil standard; liability limited to candidate or duly appointed election/polling agents; partisan and hearsay evidence requires independent corroboration; bribery, treating and ferrying not attributable without proof of appointment, knowledge or consent; arson and misuse of government vehicle not sufficiently proved.
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2 November 2021 |
| October 2021 |
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Charging order nisi granted and made absolute to enforce unpaid taxed costs against the plaintiff's registered properties.
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Charging order nisi; Order 48 r6(d) HCR; enforcement of taxed costs; Order 50 r1(2) RSC/White Book procedure; execution against registered land; ex parte applications; making nisi absolute for non-attendance.
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28 October 2021 |
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A challenge to land re-entry after the 12-year limitation period is statute-barred, defeating any derivative title transfers.
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Limitation of actions — Recovery of land — Limitation Act 1939 s.4(3) — 12-year bar — Challenge to re-entry — Order 14A and Order 33(7) application to determine legal issue — Derivative title fails where grantor's claim is statute-barred.
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13 October 2021 |
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Appeal allowing in part: refund for 600 bags replaced by return/payment for 300 bags; trial court failed to address maize quality.
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Contract for sale of goods — delivery and quality final upon issuance of Goods Issued Note — seizure by police and conversion issues — measure of refund/damages — appellate review of factual findings.
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12 October 2021 |
| September 2021 |
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Loan default established; equitable mortgage over disputed subdivision not proven, but guarantor’s house and vehicle enforceable to satisfy debt.
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Equitable mortgage — Creation and proof — Consistent property description and surrender of title deed required; Loan default — entitlement to judgment; Foreclosure and enforcement — guarantor’s property and vehicle enforceable; Sale of confiscated movables — application to reduce indebtedness; Procedure — Originating summons under Order 30 Rule 14.
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24 September 2021 |
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The applicant failed to show the arbitral award offended public policy; the court refused to set it aside.
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Arbitration — setting aside arbitral award — public policy — narrow, high threshold; scope of arbitration; mistakes of law apparent on face; Rule 23 compliance; finality of arbitral awards.
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20 September 2021 |
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Supplier proved delivery of stationery by LPOs/invoices; awarded K253,770 with interest and costs despite lack of registration.
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Contract/Sale of Goods — Proof of delivery and payment — Sufficiency and authenticity of LPOs and invoices — Supplier registration — Procurement procedure irregularities — Quantum and interest against the State.
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16 September 2021 |
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A written loan agreement binds the parties despite payment in local currency; interest assessment referred to Registrar under statutory framework.
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Contract law — written loan facility — parol evidence rule — payment in local currency does not vary clear written terms — interest computation under Banking and Financial Services Act — referral to Registrar — interest thereafter at 1% above LIBOR — costs to successful lender.
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14 September 2021 |
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Eyewitness and circumstantial evidence, including a dying declaration, established the accused's guilt; provocation and self‑defence rejected and death sentence imposed.
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Criminal law — Murder — Circumstantial and eyewitness evidence — Identity of assailant — Dying declaration admissibility and weight — Provocation and self‑defence — Voluntariness of confession — Mandatory death sentence.
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2 September 2021 |
| August 2021 |
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Court refused to pierce the corporate veil or join post-judgment parties, dismissing applications for joinder and charging order.
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Company law — Piercing corporate veil — Requirement of proof of intentional fraud or sham; Director's liability — Non-executive director not personally liable absent fraud; Civil procedure — Appeal from Deputy Registrar is rehearing de novo; Joinder post-judgment and charging order — impermissible without grounds to lift veil; Evidence — objection to scandalous affidavit paragraphs allowed.
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31 August 2021 |
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30 August 2021 |
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Plaintiff failed to prove driver or employer negligence, but insurer liable under a direct claim; damages to be assessed.
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Road traffic accident; negligence—duty, breach, causation; evidential weight of police reports; need for expert evidence on excessive speed; vicarious liability; Section 90 Road Traffic Act—direct claim against insurer; assessment of damages; costs; leave to appeal.
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29 August 2021 |
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Court struck out clause converting security to sale, revised excessive interest, ordered revised judgment debt and mortgage remedies.
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Money-lenders Act — excessive interest — statutory requirement to express or compute annual rate — unconscionable terms; equitable mortgage by deposit of title deeds; clog on equity of redemption — conversion clause void; estoppel cannot validate statutory non-compliance; revision of interest and mortgage remedies.
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26 August 2021 |
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Court awarded sole custody to the respondent parent, prioritising the child’s welfare under s.15(2) over living arrangements with grandparents.
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Family law — Child custody — Welfare of the child paramount (s.15(2) Affiliation and Maintenance Act) — No automatic parental or maternal presumption — Court to consider whole circumstances and best interests.
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26 August 2021 |