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Citation
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Judgment date
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| September 2022 |
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A certificate of title is conclusive; the applicant entitled to vacant possession and eviction against the respondent.
Land law — Certificate of title conclusive evidence of ownership (absent fraud); Originating summons (Order 30 Rule 11) appropriate for questions arising from written instruments; vacant possession and eviction where transferee refuses to vacate; service of process and default.
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30 September 2022 |
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Court declines to vary a will under Section 20 Wills Act where testator’s reasons and lack of evidence justify dispositions.
:[
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28 September 2022 |
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Petitioner shareholder’s winding-up petition granted: respondent unable to pay debts and membership reduced below two, costs awarded.
Company law — Winding-up by court — Member’s petition under s.56; Service and advertisement compliance; Insolvency — ‘unable to pay debts as they fall due’ (s.57(3)(c)) and solvency test (s.57(4)); Balance-sheet and cash-flow considerations; Insufficient proof of specific trade and statutory debts; Reduction of members below two (s.57(1)(d)) — proper ground for winding-up.
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27 September 2022 |
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Whether surface-rights owner can withhold consent to mining access where exploration licence cannot lawfully authorize mining.
Mines and Minerals — Surface rights v. mining rights — Section 52(1)(b) Mines and Minerals Development Act — Requirement of written consent of surface rights owner — Ownership of stockpiled overburden and stockpiles — Limits of exploration licences; artisanal mining citizenship restrictions — Injunction and dismissal of counter-claim.
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26 September 2022 |
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Dismissal without formal charge or hearing is wrongful and unfair; six months' salary awarded, terminal benefits claim dismissed.
Employment law — wrongful and unfair dismissal; failure to charge and afford hearing; breach of disciplinary procedure and Employment Code Act; damages awarded (six months' salary plus allowances) with interest; terminal benefits dismissed where already paid; assessment by Deputy Registrar.
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16 September 2022 |
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Appeal dismissed: late venue objection waived after filing pleadings and taking fresh steps; matter remitted for trial.
Civil procedure — Subordinate Courts — Order XIV Rule 1(c) — Place of trial for ‘other suits’ — Jurisdictional objection must be raised before or when required to answer/plead — Waiver by filing pleadings or taking fresh steps (payments into court) — Appeal dismissed; matter remitted for trial.
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15 September 2022 |
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Summary dismissal for unauthorised absence/desertion upheld; only unpaid accrued leave awarded with interest; other claims dismissed.
Employment law — Summary dismissal for unauthorised absence/desertion — Fairness assessed by reason for dismissal notwithstanding procedural non-compliance — Claimant failed to prove entitlement to subsistence allowances and wages — Accrued leave payable with interest.
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13 September 2022 |
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High Court has jurisdiction to hear nomination challenges under Article 52(4)/Regulation 18(7); by‑elections stayed pending determination.
Constitutional jurisdiction – Article 128(1): Constitutional Court’s exclusive remit to interpret and determine contraventions of the Constitution; Election law – Article 52(4) and Regulation 18(7): High Court jurisdiction to hear petitions challenging nominations; Procedure – mode of commencement: petition (not judicial review) for nomination challenges; Abuse of process – multiplicity of proceedings distinguished; Interim relief – stay of by‑elections pending petition determination.
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13 September 2022 |
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Court found dismissals wrongful and unfair, awarding damages, allowances and unpaid July salaries to the complainants.
Employment law — wrongful and unfair dismissal; disciplinary procedure and natural justice; insufficiency of evidence for alleged falsification/conspiracy; remedies — damages, unpaid salaries, extra duty and big-class allowances; gratuity deductions and NAPSA remittances.
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12 September 2022 |
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A late application to amend pleadings near trial was dismissed for lack of reasonable diligence and prejudice to the respondent and court.
Civil procedure — Amendment of pleadings — Interlocutory applications within 14 days of trial — Order 19 Rule 3(3) SI 58 of 2020 — Case management and proportionality — Prejudice and reasonable diligence — Discretion under Order 18.
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6 September 2022 |