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Citation
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Judgment date
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| December 2023 |
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Court stayed proceedings and referred the applicant's pension computation dispute to arbitration under the fund's arbitration clause.
Arbitration – stay of court proceedings under s.10 Arbitration Act – construction and scope of arbitration clause in pension trust rules – applicability to former members – disputes over computation of defined-benefit portable benefits – actuarial valuation – whether arbitrator may determine matters implicating statutory interpretation.
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29 December 2023 |
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Emails proposing/accepting a payment plan and a part payment can constitute a clear implied admission, justifying judgment on admission.
Civil procedure — Judgment on admission — Admissions may be express or implied but must be clear and unequivocal — Payment plan emails and part payment can constitute implied admission of debt — Failure to apply to amend affidavit containing alleged typographical error.
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29 December 2023 |
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29 December 2023 |
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29 December 2023 |
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29 December 2023 |
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29 December 2023 |
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26 December 2023 |
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20 December 2023 |
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Summary dismissal for gross misconduct upheld; damages and pension claims dismissed, leave to appeal granted.
Employment law — wrongful v unfair dismissal; disciplinary procedure and natural justice; summary dismissal for gross misconduct; discrimination claims burden; entitlement to terminal benefits requires pension contributions.
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15 December 2023 |
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Summary dismissal for alleged dishonesty upheld; plaintiff awarded accrued gratuity, leave, acting allowance, certain unpaid salary and K6,900.
Employment law – suspension, disciplinary procedure and right to be heard – summary dismissal for dishonesty – entitlement to accrued benefits (gratuity for completed years, accrued leave, acting allowance, unpaid salary) – appeal procedure under internal code.
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15 December 2023 |
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15 December 2023 |
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Subordinate court lacked jurisdiction to determine land-title dispute without all parties' consent; appeal allowed and case transferred to High Court.
Subordinate Courts Act s23 — jurisdictional condition precedent — disputes involving title/ownership of land require consent of all interested parties — absence of consent renders proceedings a nullity; magistrate must ascertain jurisdiction before deciding preliminary issues.
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12 December 2023 |
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12 December 2023 |
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12 December 2023 |
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12 December 2023 |
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Fixed‑term employee wrongly dismissed during alleged probation is entitled to contractual liquidated damages (full gratuity).
Employment law — fixed‑term contract v. probation — whether fixed‑term Grade Z10 appointment attracted probation; wrongful/unfair termination for lack of reasons and hearing; enforceability of contractual liquidated damages clause (full gratuity at 35%).
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11 December 2023 |
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11 December 2023 |
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A live-in domestic worker was held entitled to accrued leave, severance (from transition date), separation package and notice pay from the respondent employer.
Employment law — Domestic worker — Employer liability where worker serves in matrimonial home — Application of Minimum Wages and Conditions of Employment (Domestic Workers) Order and Employment Code Act — Accrued leave pay, prorated severance, separation package and notice pay.
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8 December 2023 |
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8 December 2023 |
| November 2023 |
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30 November 2023 |
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23 November 2023 |
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23 November 2023 |
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Unauthenticated foreign Power of Attorney rendered affidavit irregular; court expunged it but allowed amendment and re-swearing to cure.
Authentication of foreign documents – Power of Attorney executed abroad must be authenticated under s3 Authentication of Documents Act; defective affidavit expunged – irregularity curable by amendment and re-swearing (Order 5 r14 High Court Rules); misnomer/correction of party name; Order 2 r1-2 Rules of Supreme Court (irregularities) and Order 3 r2 High Court Rules (interlocutory powers); costs to applicant; leave to appeal granted.
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20 November 2023 |
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20 November 2023 |
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17 November 2023 |
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A respondent’s bare denials are deemed admissions permitting judgment on admission unless respondent proves payments.
Civil procedure — Judgment on admission — Order 53 Rule 6(2)-(5) — Bare or general denials deemed admissions — Proof of payment — Pleading particulars for damages — Interest from date of demand.
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16 November 2023 |
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9 November 2023 |
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3 November 2023 |
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2 November 2023 |
| October 2023 |
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Employee deemed confirmed after probation; termination by redundancy was unlawful and unfair—six months' salary awarded.
Employment law – redundancy vs retrenchment; confirmation after probation; employer duty to give notice and consult under Employment Code (s55); right of re‑employment after redundancy (s57); requirement for genuine reorganisation, selection criteria and board authorisation; measure of damages for unlawful/unfair dismissal.
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26 October 2023 |
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Application to compel Registrar to execute conveyance dismissed because an existing stay of execution remained in force.
Conveyancing — Section 14 High Court Act — appointment of Registrar to execute conveyance documents — requirement of prior judgment and refusal to comply — effect of stay of execution by a lower tribunal.
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23 October 2023 |
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23 October 2023 |
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23 October 2023 |
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19 October 2023 |
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Filing suit during Michaelmas Vacation without leave deprived the court of jurisdiction; matter dismissed, plaintiff may recommence.
Civil procedure — vacation filings — Michaelmas Vacation — requirement of leave to commence process — jurisdictional effect of non-compliance with High Court Rules — defect not curable retrospectively.
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3 October 2023 |
| September 2023 |
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30 September 2023 |
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22 September 2023 |
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18 September 2023 |
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18 September 2023 |
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14 September 2023 |
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A stay pending appeal requires realistic prospects of success and special circumstances; unsupported factual challenges are insufficient.
Civil procedure — Stay of execution pending appeal — Appeal does not operate as automatic stay — Stay granted only on good and convincing reasons/special circumstances — Prospects of success must be realistic — Appellate interference with trial findings of fact requires perversity, absence of evidence or misapprehension of facts.
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7 September 2023 |
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6 September 2023 |
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1 September 2023 |
| August 2023 |
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29 August 2023 |
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28 August 2023 |
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24 August 2023 |
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21 August 2023 |
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Court may appoint an arbitrator when the agreed arbitral institution fails and the respondent does not act.
Arbitration Act s.12(4)(c) – Court power to appoint arbitrator where agreed procedure fails; Arbitration (Court Proceedings) Rules r.10(1); Agreement naming a defunct arbitral institution; Court appointment of sole arbitrator; Costs awarded to applicant.
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18 August 2023 |
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Court dismissed premature stay application pending appeal, vacated ex‑parte stay and granted leave to appeal.
Civil procedure — Stay of execution or proceedings pending appeal — Discretionary remedy; application premature where there are no proceedings to stay; appeals challenging findings of fact have limited prospects — assessment of damages and taxation of costs.
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16 August 2023 |
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5 August 2023 |