Results.
263 judgments found.
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| December 2025 |
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Whether discontinuance of judicial review must follow White Book/RSC procedure or may be effected under Order XVII HCR.
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Civil procedure — judicial review — discontinuance — applicability of Order XVII rule 1 High Court Rules versus White Book/Rules of the Supreme Court — setting aside proceedings — Order 2 RSC — inherent jurisdiction — procedure where domestic rules and English practice interact.
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31 December 2025 |
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State liable for unlawful seizure and interference; plaintiff awarded prospective and exemplary damages.
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31 December 2025 |
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Supreme Court's final determination on entitlement bars subsequent contractual and compensation claims against the State.
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Government housing sale scheme; res judicata and finality of appellate decisions; contract formation and legitimate expectation in public administration; ex gratia offers; discretionary allocation of State land; non-recoverability of self-inflicted loss and prior litigation costs.
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31 December 2025 |
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Committal for contempt requires personal service on alleged contemnors; lack of personal service defeats the proceedings.
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Civil contempt — committal — requirement of personal service on alleged contemnors — enforcement against corporate bodies (Order 45 RSC) — burden to prove willful disobedience beyond reasonable doubt — corporate veil argument left unaddressed.
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31 December 2025 |
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Ambiguous employer-drafted pay/salary clause construed against employer; plaintiff entitled to gross-based terminal benefits, notice pay and refund.
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Contractual interpretation — ambiguity in employer-drafted conditions — "pay" vs "salary"; contra proferentem; terminal/separation benefits calculated on basic pay plus fixed allowances; pay in lieu of unserved notice; unlawful retrospective deduction of mortgage protection without contractual basis; burden of proof on employer to produce policy/contractual authority for deductions.
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31 December 2025 |
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A tenant lacked standing to challenge estate vesting; owner’s title upheld and entitled to unpaid rent and eviction.
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Succession and title; locus standi of a tenant to challenge estate vesting; validity of deed of assent by court-appointed administrator; no statutory duty to sell to sitting tenant; recovery of unpaid rent and eviction.
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31 December 2025 |
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A registered certificate of title conclusively supports a summary possession claim; unproven fraud or adverse possession allegations fail to resist it.
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Land law — Certificate of title (Lands and Deeds Registry Act ss.33,35) conclusive as to ownership; summary possession by originating summons (Order 113/White Book) against squatters; adverse possession cannot defeat registered title; fraud allegation requires particularised evidence.
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30 December 2025 |
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Whether a summarily dismissed employee's "full benefits" include three months' pay per year or only wages and accrued leave.
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Employment law — summary dismissal — "full benefits" in Collective Agreement — interpretation and ambiguity — interplay with Employment Code Act (sections 51, 54, 127) — accrued wages and leave vs severance — legitimate expectation/estoppel from prior payments.
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30 December 2025 |
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Plaintiff entitled to conveyance or refund after employee-agent accepted full purchase price, constituting breach when property not conveyed.
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Contract law — Sale of land — Agency and ostensible authority — Employee status — Proof of payment (handwritten receipts and corroboration) — Specific performance or refund — Nominal damages — Interest and costs.
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30 December 2025 |
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Claim for specific performance dismissed for failure to prove purchase on balance of probabilities.
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Property law — contract of sale — proof of contract — burden of proof on balance of probabilities; Evidence — credibility of handwritten documents and inconsistencies; Specific performance — entitlement requires clear, corroborated proof; Civil procedure — failure to call witnesses and absent defendant; Costs and leave to appeal.
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30 December 2025 |
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A 14‑month unexplained delay by the Minister to determine a statutory appeal was unreasonable, warranting mandamus within 30 days.
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Administrative law — Unreasonable delay in administrative decision‑making — Mandamus to compel determination of statutory appeal — Mines and Minerals Development Act s97 — Interpretation Act s36 — factors for assessing delay (length, cause, prejudice).
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30 December 2025 |
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Resignation precludes statutory severance; contractual terms and non-retroactivity of the Employment Code bar gratuity; minimal pension refund awarded.
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Employment law — distinction between gratuity and pension/severance; contractual terms govern gratuity entitlement; non-retrospectivity of Employment Code Act 2019; resignation excludes severance under s54; burden of proof on employee to prove unpaid pension deductions.
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30 December 2025 |
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Application to join a third party and file a fraud counterclaim in a mortgage originating summons dismissed as improper.
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Joinder and counterclaim — Originating summons (mortgage) — Order 14 Rule 5; Order 15 Rules 3 and 6; Order 28 Rule 7 — Allegations of fraud unrelated to subject matter — Misjoinder/abuse of process — Separate action appropriate.
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30 December 2025 |
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Employer and mine owner held liable for mining accident; plaintiff contributorily negligent; damages reduced and apportioned.
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Occupational health and safety — Employer duty to provide safe system and equipment — Mining Regulations 215 — Person in Charge statutory duties — Mines Act strict liability of mine owner — contributory negligence and apportionment of damages.
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29 December 2025 |
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Employer liable for damages and interest where pension scheme was unilaterally converted and retirees suffered delayed, under-calculated payments.
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Pension law — private pension schemes as trusts — enforceability of unsigned trust deed/rules by conduct — employer’s liability where scheme conversion effected without members’ consent — damages and interest for delayed/underpaid pension benefits.
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26 December 2025 |
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Committal for non‑payment requires proof of deliberate refusal and means to pay; writ valid if amount correct when issued.
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Contempt of court — committal for non‑payment — quasi‑criminal standard: proof beyond reasonable doubt and mens rea required; registered mediation settlements enforceable as judgments; Debtors Act limits imprisonment for debt; writ of fieri facias regular if correctly endorsed for amount owing when issued.
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26 December 2025 |
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Plaintiff proved a K477,376.31 village-banking debt; unchallenged testimony sufficed where defendant failed to testify.
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Village banking — recovery of loans — burden of proof — unchallenged witness evidence — admissibility of documentary evidence where not referenced in witness statement — interest and costs.
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26 December 2025 |
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Court grants mandamus to compel the Minister to decide the applicant's appeal within 90 days; declines to compel an immediate impact assessment.
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Judicial review — mandamus — compelling ministerial determination of appeal under s.145(1) Zambia Wildlife Act; Wildlife Impact Assessment request under s.38(1); no express statutory timeframe but duty to act within reasonable time; locus standi of public‑interest organisations; Wednesbury unreasonableness; disclosure and transparency in awarding tourism concessions.
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22 December 2025 |
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Electronic trespass via continued authorization messages upheld; deactivation ordered and K30,000 awarded; mental anguish claim dismissed.
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["Electronic trespass; trespass to chattels extended to unsolicited authorization/data messages","Authentication of electronic evidence and data messages under the Electronic Communications and Transactions Act","Trespass actionable per se; damages available for digital interference","Proof required for claims of mental anguish/nervous shock; need for credible/medical evidence","Remedy: decommissioning of credentials and award of moderate general damages"]
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18 December 2025 |
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High Court lacks jurisdiction to challenge an unappealed Local Court property settlement authorising sale; action dismissed.
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Family law — divorce and property settlement — Local Court order authorising sale — appeals procedure under Local Courts Act s56 — jurisdiction of High Court to entertain collateral challenge — sale executed by Sheriff's Office — dismissal for lack of jurisdiction
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16 December 2025 |
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Divorce granted for irretrievable breakdown; joint custody ordered prioritising children's best interests, stability, and shared access.
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Divorce—irretrievable breakdown—unreasonable behaviour; Children—best interests, continuity and stability; Joint custody—structured residence and access; Social Welfare report as material welfare evidence
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15 December 2025 |
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Divorce granted for irretrievable breakdown due to unreasonable behaviour; shared custody ordered prioritising children's best interests.
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Matrimonial Causes Act — irretrievable breakdown — unreasonable behaviour (cumulative objective test); Children's Code Act — best interests of the child; shared parental responsibility; structured residence and contact; GPS tracking and non‑consensual DNA testing as relevant conduct
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15 December 2025 |
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Court dismissed trespass claim for want of jurisdiction because resolution requires determination of mining rights by the statutory Tribunal.
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Jurisdiction — Mining rights vs surface rights — Minerals Regulation Commission Act 2024 — Exclusive jurisdiction of Mining Appeals Tribunal — Trespass claims implicating licence ownership — Interlocutory injunctions rendered incompetent where court lacks jurisdiction.
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12 December 2025 |
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Joint tenancy survivorship prevailed; grant revoked where respondent lacked beneficial interest and procured it by misrepresentation.
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Intestate succession — Joint tenancy and right of survivorship — Registered title presumptive effect — Revocation under s.29 for misrepresentation and concealment — Matrimonial property principles do not override statutory joint tenancy.
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12 December 2025 |
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Court granted review for omitted evidence, confirmed primary residence with respondent, and enhanced petitioner's access.
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Review (Order 39) — omission of material evidence; Stay pending review; Child custody — best interests and continuity of care; Variation of custody — material change and access enforcement; Role of Department of Child Welfare in mediation
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12 December 2025 |
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Divorce granted where parties lived apart over two years with respondent’s consent; petitioner awarded custody on children’s best interests.
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Matrimonial Causes Act — irretrievable breakdown — Section 9(1)(d) — two years’ continuous separation and consent; cessation of marital relationship test; Children’s Code Act 2022 — best interests of the child — custody, care and access; decree nisi to become absolute
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11 December 2025 |
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Court granted divorce on respondent’s cross-petition for petitioner’s unreasonable behaviour; custody to respondent and maintenance ordered.
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Matrimonial causes — Unreasonable behaviour (Section 9(1)(b)) — Test for irretrievable breakdown — Jurisdiction — Cohabitation/resumption (Section 9(4)) — Child custody and maintenance — Children’s Code Act, 2022 — Spousal maintenance — Evidence/admissions under cross-examination
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11 December 2025 |
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Failure to serve and acknowledge the pre‑action letter of demand deprived the court of jurisdiction and led to dismissal of the action.
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Civil procedure — originating process — pre-action letter of demand must be served on each defendant and acknowledged or proved by affidavit — non‑compliance is jurisdictional and fatal; libel proceedings — endorsement of plaintiff/advocate addresses and particulars of publication required.
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11 December 2025 |
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Fraudulent registration of land title annulled; advocate and Registrar held liable for negligent conveyancing and failure to detect fraud.
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Land law — Fraudulent conveyance — Registered Certificate of Title cancellable for fraud; bona fide purchaser defence unavailable where fraud proved; vendor’s advocates (stakeholders) and Registrar liable in negligence for failing to verify identity and Green File records.
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9 December 2025 |
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Prolonged, procedurally defective suspensions and selective investigations amounted to constructive dismissal; award 24 months' salary each.
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Employment law — Constructive dismissal — Prolonged/indefinite suspension on half pay — Failure to follow disciplinary code — Selective targeting and public humiliation (confiscation of phones) — Concurrent criminal and disciplinary investigations — Enhanced damages (24 months' salary).
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9 December 2025 |
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Court ordered counsel to withdraw due to an appearance of conflict from representing a client controlled by the respondent.
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Conflict of interest; legal professional privilege; Order 33 Rule 2 (preliminary issues); Section 128 Banking and
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Financial Services Act—Bank standing in place of liquidated company; ethical duties under Legal Practitioners' Practice Rules
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5 December 2025 |
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Adjournment denied where the respondent failed to give 10‑day notice and show compelling exceptional reasons.
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Civil procedure — Adjournment — Order 33 rules 1 & 2 — ten days' notice required — adjournment only for compelling and exceptional circumstances — application to set aside not a substitute for adjournment notice — Commercial Court fast-track; winding up petition.
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2 December 2025 |
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1 December 2025 |
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Applicant awarded K400,000 for false imprisonment and malicious prosecution; other damages failed for lack of proof.
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Tort — False imprisonment; Malicious prosecution — Reasonable and probable cause; State agency — political cadres; Burden to plead and prove special damages; Non-pecuniary and aggravated damages threshold; Interest and costs.
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1 December 2025 |
| November 2025 |
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Failure to prove receipt of a demand letter by email rendered the writ incompetent and it was set aside.
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Civil procedure — Service of process — Validity and proof of email service — Requirement of acknowledgment or technical corroboration (delivery receipts, server logs) — Pre-action demand as jurisdictional prerequisite — Failure to prove service renders writ incompetent.
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28 November 2025 |
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Court awards joint legal custody, primary residence with applicant, structured access, and equal sharing of child-related expenses.
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Children's Code Act — best interests paramount — joint legal custody of unmarried parents — structured access and shared maintenance obligations
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28 November 2025 |
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27 November 2025 |
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Interim attachment dismissed for failure to show intent and prior request for security; interlocutory injunction granted preserving vehicles.
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Civil procedure — interim attachment under Order XXVI Rule 1 — applicant must show defendant about to dispose assets with intent to obstruct execution and must first call on defendant to furnish security; Interlocutory injunction under Order XXVII Rule 1 — test: serious question to be tried, irreparable harm, balance of convenience, clean hands; Use of RTSA vehicle registration records as lawful evidence; Preservation of assets by Sheriff pending trial
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26 November 2025 |
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Application to stay execution of writ of elegit dismissed for lack of arguable defence, inadequate explanation and unreasonable delay.
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Civil procedure — Stay of execution — Writ of elegit — Default judgment — Setting aside default judgment requires arguable defence and explanation for default — Service of process and unreasonable delay — discretionary relief.
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25 November 2025 |
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Applicant failed to prove special damages from unlawful bank restriction but awarded nominal damages for infringement of property right.
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Administrative law; Anti-Corruption Act — Restriction Notice and Warrant of Seizure; service requirement under s.61(2); burden of proof in civil claims; special damages (loss of use of money, business loss, medical expenses) require particularisation and strict proof; misfeasance in public office — element of malice/ulterior purpose; nominal damages for infringement of legal right.
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21 November 2025 |
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Interim injunction discharged where plaintiff failed to show a serious question to be tried or a clear right to relief.
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Interlocutory injunction — requirements: serious question to be tried; clear right to relief; balance of convenience and irreparable injury — competing title evidence and SI No.49 of 2010 — alleged adverse possession and disputed document authenticity — survey report showing encroachment.
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20 November 2025 |
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Whether arbitration clauses survive contract dissolution and oust court jurisdiction, and if certain affidavit paragraphs should be struck out.
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Arbitration Act s.10(1) — stay and refer to arbitration; High Court Rules Order V Rules 15–16 — content of affidavits; separability of arbitration clause — survival after contract dissolution; competence of section 10 application without prior appearance; joinder application dependent on jurisdictional outcome.
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17 November 2025 |
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Detention upheld as justified by reasonable and probable cause; malicious prosecution claim misdirected against Attorney-General, losses unproven.
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False imprisonment — reasonable and probable cause — complainant report and medical report as justification; Malicious prosecution — proper defendant under National Prosecution Authority Act; Requirement to plead and prove special damages; Exemplary/aggravated damages — need for contumelious conduct.
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17 November 2025 |
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A titleholder cannot remove occupants from a gazetted road reserve controlled by the Road Development Agency; only occupants on the titled farm outside the reserve must vacate.
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Public Roads Act — road reserve (trunk road) — prohibition on permanent structures; Road Development Agency control and removal powers; locus standi of titleholder limited where land forms part of public road reserve; trespass and relief where occupants are outside road reserve; Environmental Management Act not pleaded.
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17 November 2025 |
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The applicant granted specific performance and a partial refund after respondents failed to facilitate subdivision numbering.
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Contract law — Sale of land — Specific performance — Vendor’s obligation to pay subdivision/registration fees — Subdivision/numbering delay at Ministry of Lands — Refund of expenses paid by purchaser — Damages for distress in commercial contracts not recoverable absent special object or oppressive conduct
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14 November 2025 |
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A ten‑year unexplained delay and repetitive applications amounted to abuse; appeal out of time denied and prior property order enforced.
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Extension of time — inordinate and unexplained delay — discretion refused; Abuse of process — repetitive re‑litigation barred; Article 118(2)(e) — does not excuse gross non‑compliance with statutory time limits; Matrimonial property adjustment — prior ancillary order final and enforceable; Prejudice and finality — successful party entitled to fruits of judgment
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13 November 2025 |
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The plaintiff succeeds: defendant breached contract by delivering a leaking roof causing damage; untested expert report inadmissible.
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Contract law — breach of contract for defective building works; standard of workmanship; admissibility and disclosure of expert evidence; proof of special damages (alternative accommodation); registration/qualification of contractor not determinative of contractual liability.
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13 November 2025 |
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Interim injunction granted to protect alleged right‑of‑way where damages would be inadequate and balance favoured the applicant.
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Interlocutory injunction; right‑of‑way/access to land; American Cyanamid test; adequacy of damages; balance of convenience; preservation of status quo.
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13 November 2025 |
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Court presumed a missing person dead after 24 years, granted leave to swear death, and ordered property to revert under Bona Vacantia.
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Presumption of death — common law seven‑year rule — prolonged unexplained absence and reasonable inquiries — leave to swear death — Bona Vacantia — Order 3 Rule 2 High Court Rules
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13 November 2025 |
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Whether absence or deficient demand letter renders plaintiff's writ incompetent; court held omission non-fatal given demand and admission.
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Civil procedure — Order 6(1)(d) High Court Rules — requirement to attach letter of demand to writ of summons — mandatory language ('shall') — curability of breach — Order 33(3)/Order 14A preliminary determination — sufficiency of demand correspondence and admission of debt.
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13 November 2025 |