Results.
55 judgments found.
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| November 2024 |
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Failure to notify a borrower of MPR-driven loan adjustments breached section 49(5); restructuring directive upheld but fine recalculated to published cap.
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Competition & consumer protection — supply of services with reasonable care and skill — banking services — duty to notify borrowers of interest-rate (MPR) variations — Bank of Zambia circulars and Cost of Borrowing Regulations — judicial notice of public regulatory materials — scope of administrative powers vs. statutory sanctions — published fines guidelines control cap.
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24 November 2024 |
| October 2024 |
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The applicant entitled to judgment, vacant possession and sale after the respondents’ default; 60 days to pay before foreclosure.
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Mortgage enforcement — Legal mortgage — Order 30 Rule 14 High Court Rules — Default — Remedies: judgment, foreclosure, sale, vacant possession — Cumulative remedies — Equity of redemption — Court-prescribed redemption period.
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28 October 2024 |
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Where an arbitration clause is silent on appointment, a party must seek an arbitral institution’s appointment before court intervention.
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Arbitration law — Arbitration clause silent on appointment — Arbitration Act s.12 and UNCITRAL Model Law Art.11 — party must request arbitral institution to appoint arbitrator — limited role of Court in appointment.
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16 October 2024 |
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Court assessed loan balance, held interest was simple at the contract rate, calculated judgment and authorised foreclosure.
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Assessment of amount due — Registrar’s limited jurisdiction — Contractual interest rate (60% p.a. / 5% monthly) — Simple versus compound interest — Calculation of judgment sum — Credit for interim payment — Foreclosure remedy — Leave to appeal granted
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14 October 2024 |
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Issuing a FiFa against the mortgagor is irregular where judgment provides for foreclosure and separate enforcement of guarantors.
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Civil procedure — Execution — Writ of fieri facias — Irregularity where FiFa includes mortgagor though judgment envisaged foreclosure and separate enforcement of guarantors; necessity of evidence (valuation) to justify enforcement against guarantors; stay of execution pending challenge to writ.
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14 October 2024 |
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Non-compliance with Companies Act execution formalities rendered the NDA invalid and the applicant's claim dismissed.
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Companies Act s.32(4) — statutory execution formalities for corporate documents — document signed by single signatories without attestation invalid — severability clause cannot cure failure to comply with mandatory statutory formalities — claim dismissed in limine.
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11 October 2024 |
| September 2024 |
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A contractual clarification that insurer cover applied for gross negligence estopped the defendant from relying on a ZMW2,500 limitation.
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Contract law — limitation of liability clause; clarification/addendum and estoppel; fidelity guarantee insurance — insurer's duty to indemnify; proof of loss; breach of contract and recovery of unpaid fees; interest and unconscionable contractual rate.
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19 September 2024 |
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Applicant bank entitled to contractual compound interest, judgment and foreclosure; Section 110 caps recoverable interest but does not suspend it.
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Mortgage actions — Order 30 Rule 14 — remedies; Contractual compound interest enforceable where clause permits it; Banking and Financial Services Act Section 110(1)(b) — in duplum rule caps recoverable interest but does not suspend interest on non-performing loans; Foreclosure, possession and enforcement against surety permitted; Judgment entered for bank.
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16 September 2024 |
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Claim against the 2nd defendant dismissed as statute-barred; vicarious liability not established.
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Limitation Act 1939 (as extended to Zambia) — accrual of cause of action — statute-barred claims; vicarious liability — requirement of sufficient nexus between tortfeasor and principal; Order 14A — determination of pure questions of law without full trial; continuing trespass vs accrual for limitation.
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16 September 2024 |
| August 2024 |
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Application for judgment on admission dismissed where alleged admission of debt was disputed and not unequivocal.
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Civil procedure — Judgment on admission — Order 21 Rule 6 — Admission must be clear, unambiguous and unequivocal; company name change does not defeat rights; disputed repayments, rebates and acquittals may create triable issues preventing summary judgment.
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30 August 2024 |
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The applicant’s leave application was dismissed because Section 23 does not require leave for appeals from the High Court.
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Court of Appeal Act s23 — leave to appeal — appeals from High Court — Order 10 Rule 4(3) Court of Appeal Rules — application misconceived — appellate precedents: Chainama Hills; Mirriam Banda Zimba.
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19 August 2024 |
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Insufficient evidence linking accused to ownership/control of dogs; no prima facie case for manslaughter.
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Criminal procedure — no case to answer — prima facie test; Manslaughter by omission/culpable negligence; Duty to control dangerous animals (s.214 Penal Code); Proof of ownership and control of animals; Identification and causation in animal‑attack fatalities.
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13 August 2024 |
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Minority shareholder granted leave under Companies Act s331 to pursue derivative claim for alleged majority shareholder fiduciary breaches.
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Companies Act s331 — derivative action — leave to commence proceedings — criteria: likelihood of success, costs, prior action by company, company’s interests; Foss v Harbottle exception; majority shareholder fiduciary duties; procedural sufficiency of power of attorney; effect of company’s failure to oppose.
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12 August 2024 |
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Application for judgment on admission dismissed because defence and documents lacked clear, unequivocal admissions.
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Judgment on admission — discretionary relief — requires clear and unequivocal admission in pleadings or documents; set-off and disputed valuation preclude entry of judgment; general denials versus traversing allegations.
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2 August 2024 |
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Possession or manufacture of sample bags alone does not prove trade mark use in the course of trade.
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Trade mark infringement — registered proprietor — elements: valid registration, use in course of trade without consent, likelihood of confusion — possession/manufacture of sample sacks does not necessarily constitute use in trade — burden of proof on proprietor.
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2 August 2024 |
| July 2024 |
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Failure to specifically traverse allegations can amount to deemed admissions, but the court may still refuse judgment on admission where substantive disputes and a counterclaim exist.
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Civil procedure — Order 53 Rule 6 High Court (Amendment) Rules — failure to specifically traverse allegations — deemed admission — discretion to enter judgment on admission — counterclaim and substantive disputes may render judgment inappropriate.
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29 July 2024 |
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Applicant awarded judgment for loan recovery; Registrar to assess amount; foreclosure permitted if unpaid within 90 days.
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Equitable mortgage; loan recovery; enforceability of contractual interest and fees; assessment of judgment debt by Registrar; foreclosure and sale of mortgaged property.
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22 July 2024 |
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Court set aside business rescue resolution where board lacked reasonable belief of financial distress and prospect of rescue.
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Corporate Insolvency Act — commencement of business rescue — s21: statutory test for 'financially distressed' (likely insolvent within six months) and reasonable prospect of rescue — s22 court power to set aside resolution — filing at PACRA — invalid business rescue cannot be converted into liquidation without appropriate procedure — interlocutory relief under s28(2) only available during valid business rescue proceedings.
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19 July 2024 |
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The court set aside an arbitral award because the tribunal decided third‑party title/joint‑bailor issues, violating natural justice.
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Arbitration Act s17 — setting aside award; validity of arbitration agreement; jurisdictional challenges and 30‑day rule; disputes beyond scope of submission; public policy and natural justice — tribunal determining third‑party title/joint bailor issues; separability and finality of arbitral awards.
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5 July 2024 |
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Application to strike out defendants succeeded because claims were against the company alone without pleading to lift the corporate veil.
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Company law — separate legal personality — corporate veil — misjoinder under Order 14 Rule 5(2) — necessity to plead facts to lift corporate veil.
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5 July 2024 |
| June 2024 |
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Application to pay a judgment by instalments dismissed for insufficient and outdated financial disclosure.
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Civil procedure — Payment of judgment by instalments (Order 36 Rule 9) — Necessity of full, current disclosure of income, assets and liabilities (Order 47 Rule 1(3) White Book) — Insufficient disclosure; application dismissed.
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28 June 2024 |
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Minority shareholders excluded from company affairs; oral shareholders' agreement unenforceable; court ordered audited accounts and possible forensic audit.
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Company law — minority shareholders' rights — enforceability of oral shareholders' agreement against a company — Companies Act duties: AGMs, audited financial statements and dividend declarations — failure to call evidence — court order for audited accounts, internal production/sales reports and potential forensic audit — costs awarded to successful shareholders.
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27 June 2024 |
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High Court lacks jurisdiction to order instalment payments of a registered arbitral award; application dismissed.
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Arbitration — Enforcement of arbitral awards — Finality of awards — High Court's role limited to enforcement or setting aside — No jurisdiction to order payment in instalments — Registration of awards.
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27 June 2024 |
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Applicant failed to show irreparable harm; interim injunction against alleged nightclub nuisance dismissed.
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Interlocutory injunctions — requirements: serious question to be tried; irreparable injury; balance of convenience — Public nuisance — noise pollution — Privity of contract — standing to enforce lease terms — Related proceedings and potential conflicting orders.
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20 June 2024 |
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Mortgagee awarded judgment for unpaid loan with contractual interest and liberty to enforce foreclosure and sale after default.
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Mortgage action — Order 30 Rule 14 HCR / Order 88 RSC — loan default — foreclosure, delivery of possession and sale — interest on judgment — costs awarded.
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14 June 2024 |
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Whether acknowledgement of banking facilities or vague emails amount to a clear admission justifying judgment on admission.
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Civil procedure — Judgment on admission — Entry of judgment requires clear, unambiguous and unconditional admission — Acknowledgement of banking facilities or vague emails not sufficient — Order 21 Rule 6 High Court Rules.
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6 June 2024 |
| May 2024 |
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Unsigned written JVA was ineffective; verbal agreement existed but claims for breach, damages and indemnity were not proven.
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Contract law — Execution requirement — unsigned written JVA ineffective against non‑signatory; Joint venture — verbal agreement recognized but terms must be sufficiently certain to found liability; Evidence — claimant must prove monetary losses with invoices, receipts, BOQs and audited accounts; Third‑party indemnity — requires contract, statute or implied legal basis; Remedies — equitable valuation and apportionment where parties performed works; Costs — each party to bear own costs.
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15 May 2024 |
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Privity and contract interpretation: plaintiff's remedies lie against the contracting (second) defendant, not a non‑party first defendant.
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Contract law — interpretation and privity of contract; subcontracting and non‑privity; agency; entitlement to contractual remedies (unpaid balance, contractual finance charges, indemnity, demurrage); costs allocation.
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14 May 2024 |
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Plaintiff granted judgment on admission for breach of contract; damages and interest to be assessed by the Registrar; costs awarded.
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Commercial contract — judgment on admission — defendant lacking defence — damages referred to Registrar for assessment — interest to be ascertained — costs taxed in default of agreement.
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9 May 2024 |
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Mortgagee awarded judgment, foreclosure and sale of secured immovable and movables following mortgagor's admitted default.
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Mortgage law — Valid registered mortgage and further charge — Default — Originating summons under Order 30 Rule 14 — Foreclosure, possession and sale of immovable and movable security — Judgment for outstanding debt and contractual interest.
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9 May 2024 |
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Court pierced the corporate veil under s.175, holding a controlling director personally liable for company’s fraudulently incurred debt.
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Company law — Piercing the corporate veil under section 175 Corporate Insolvency Act — Fraudulent or improper conduct by majority shareholder/director — Personal liability for company debts — Receivership does not bar lifting veil for pre-receivership fraud.
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8 May 2024 |
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7 May 2024 |
| April 2024 |
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Application for judgment on admission dismissed because defence did not make clear, unequivocal admission of debt.
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Judgment on admission — requirement of clear and unequivocal admissions; Order XXI Rule 6 High Court Rules; Order 27 Rule 3 (Supreme Court Rules); Order LIII Rule 6(2)-(5) High Court (Amendment) Rules 2012; third-party liability negating personal admission; discretionary nature of judgment on admission.
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15 April 2024 |
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Whether an earlier-appointed receiver has priority and control over a later-appointed receiver pending final determination.
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Security interests and priorities — enforcement by secured creditors — receivership disputes — interim injunction restraining later-appointed receiver — joint receivership with overriding authority to earlier appointee.
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15 April 2024 |
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Court granted stay pending interlocutory appeal, finding appeal likely to affect which claims proceed to trial.
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Civil procedure — stay of proceedings pending interlocutory appeal — discretion to stay where appeal affects trial outcome — appeal does not automatically stay proceedings — pre-trial interlocutory application timing — prejudice requirement — risk of piecemeal litigation.
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15 April 2024 |
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A writ seeking interest not awarded by the judgment is irregular and is set aside; plaintiff liable for sheriff's costs.
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Civil procedure — execution — writ of fieri facias irregular where it demands interest not awarded by judgment; execution only on amounts ordered or agreed; Sheriff's Act s14(2) — liability for costs of irregular execution; interest calculation — proper application of short-term deposit and commercial lending rates; costs of setting aside execution.
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3 April 2024 |
| March 2024 |
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Applicant bank awarded judgment for outstanding loan and contractual interest and entitled to foreclose and procure conveyance of mortgaged property.
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Commercial law — Loan facility and equitable mortgage — Default — Remedies of mortgagee (foreclosure, repossession, conveyance) — Registrar’s power to execute Deed of Assignment (s.14 High Court Act) — Originating summons supported by affidavit and uncontested admissions.
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27 March 2024 |
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Leave to appeal denied where respondents failed to show realistic prospects and breached mediation order; costs awarded against them.
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Companies law — commencement of proceedings — originating summons under s.134(1) where statute silent on mode; civil procedure — leave to appeal — realistic prospects of success required; alternative dispute resolution — mediation attendance and authority to settle; costs — sanction for breach of mediation order (Order 53 r.8(3)).
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20 March 2024 |
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Winding-up granted where company was incorporated and continued to operate in breach of statutory accountancy and insolvency regulation.
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Company law — Winding-up — Corporate Insolvency Act s.56 (locus) and s.55 (amenability) — s.57(1)(e) unlawful purpose at incorporation — s.57(1)(g) just and equitable grounds — regulatory compliance of accountancy and insolvency practice — alternative remedies under s.60(4).
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20 March 2024 |
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Interlocutory injunction granted to prevent construction on disputed land pending trial, with existing religious access preserved.
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Interlocutory injunction — land dispute — certificate of title v equitable interest — trespass actionable per se — adequacy of damages — balance of convenience — ex parte relief and status quo.
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15 March 2024 |
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Whether a registered arbitral award bars a related civil claim or constitutes abuse of court process.
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Civil procedure — Abuse of process; Order 14A (preliminary issues) — requirements for final determination; Corporate Insolvency Act s.66 — leave to proceed against companies in liquidation; Arbitration — registered award, enforcement vs res judicata; costs awarded.
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13 March 2024 |
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Court dismissed both preliminary and abuse-of-process applications; Order 14A inapplicable and arbitral award did not justify dismissal.
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Civil procedure — preliminary issues under Order 14A — requirements for final determination; Corporate insolvency — s.66 leave where company in liquidation; Abuse of process — effect of registered arbitral award on later proceedings; enforcement vs. claim identity.
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13 March 2024 |
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Applicant failed to prove misappropriation or fraudulent inducement; the Trust, not the applicant, is proper claimant for trust fund wrongs.
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Trusts — corporate name under Land (Perpetual Succession) Act — payments to trust — evidentiary burden and accounting — fraud pleadings and standard of proof — misappropriation claims and rule in Foss v Harbottle — standing to sue — costs ordered each party to bear own.
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13 March 2024 |
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Plaintiff failed to prove supply of trucks; defendant's fraud counterclaim likewise failed for lack of evidence.
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Civil evidence — burden of proof; failure to prove provision of goods/vehicles — absence of corroborative evidence (toll receipts, drivers, subcontractor witnesses, photographs); pleading and proving fraud — must be distinctly pleaded and proved with particulars; counterclaim for fraudulent misrepresentation not established where no deceptive act or loss proved.
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13 March 2024 |
| February 2024 |
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Consent judgment joining the 2nd defendant to pledge property as security, with instalment payments and accelerated remedies on default.
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Civil procedure — Consent judgment — Joinder for security — Real property pledged as security — Payment schedule and acceleration on default — Sale of secured property and levy of execution — Costs: each party to bear own costs.
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27 February 2024 |
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Court refused preservation order over shares because a three-member arbitral tribunal had been constituted and urgency was not shown.
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Arbitration Act s.11 — interim measures — court’s jurisdiction barred where arbitral tribunal constituted; urgency and risk of dissipation required for court relief; constitution of tribunal occurs on appointment and acceptance of arbitrators; preservation of shares pending arbitration.
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23 February 2024 |
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Court conditionally stayed a restarted action until an unsatisfied costs award is pursued and settled, without requiring prior taxation.
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Civil procedure — Stay of proceedings pending payment of costs — High Court Rules Order 40 Rule 8 — Unsatisfied costs award sufficient (no prior taxation required) — Identical/connected causes of action — Conditional stay subject to prompt taxation — Right to apply to discharge for unjustified delay.
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23 February 2024 |
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Whether an equitable mortgage existed and foreclosure is permissible where the respondent lacked legal title at disbursement.
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Equitable mortgage; deposit of title deeds; lack of legal title at time of advance; foreclosure and reconveyance; contractual interest enforceable; Lands and Deeds Registry Act considerations.
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23 February 2024 |
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Court entered judgment on admission for admitted sum, ordered assessment of disputed quantum, and addressed counsel-sworn affidavit and withholding tax.
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Judgment on admission — Order 21 r6 & Order 27 r3 — admissions in pleadings; bare denials as admissions — Order 53 r6; counsel-sworn affidavits — admissibility and procedural limits; withholding tax and assessment of disputed quantum; interest on judgment (3% p.a.).
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19 February 2024 |
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Enforcement of a third-party mortgage and fixed and floating debenture following borrower default; foreclosure and possession ordered.
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Banking and Security — Enforcement of third-party mortgage and fixed and floating debenture — Originating summons under Order 30 Rule 14 and Order 88 — Cumulative mortgagee remedies — Judgment for outstanding loan sums and foreclosure/possession relief.
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12 February 2024 |