Results.
104 judgments found.
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| 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 |
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Mortgagee awarded judgment and authorized foreclosure and sale after borrower defaulted and failed to appear.
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Mortgage action — legal mortgage established; borrower default — remedies under Order 30 Rule 14: payment, foreclosure, possession and sale; judgment in default.
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6 February 2024 |
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Uncertified data messages are inadmissible; pictorial/CD evidence admissibility depends on proper foundation under the ECT Act.
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Electronic evidence — ECT Act s.9(4) certification — uncertified data messages inadmissible; ECT Act ss.8–9 — integrity and foundation required for pictorial evidence and CDs; admissibility disputes; costs and leave to appeal.
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1 February 2024 |
| January 2024 |
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Applicant awarded judgment for outstanding debt; registered mortgage and guarantor enforceable, foreclosure permitted on default.
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Commercial debt recovery; legal mortgage enforcement; foreclosure and power of sale; guarantor liability; interest accrual under debt settlement agreement; summary judgment by originating summons.
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26 January 2024 |
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Court allowed defendant to pay judgment by monthly instalments despite limited financial disclosure, subject to default consequences.
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High Court Rules Order 36 Rule 9 — payment of judgment by instalments; requirements: reasonable repayment period, disclosure of income, liabilities, assets, audited accounts; court discretion; default accelerates debt and permits enforcement.
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20 January 2024 |
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A wrong mode of commencing a companies action is a fundamental irregularity that can render proceedings a nullity, justifying setting aside and costs.
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Companies law — mode of commencement — Order XLIV High Court Rules adopts Rules of the Supreme Court (1883/1929) — prescribed modes (petition, motion or summons, motion only, summons only) are mandatory — wrong mode of commencement is a fundamental irregularity depriving court of jurisdiction — Order 2 White Book permits setting aside proceedings for fundamental jurisdictional irregularities.
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18 January 2024 |
| November 2023 |
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A respondent’s bare denials are deemed admissions permitting judgment on admission unless respondent proves payments.
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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 |
| October 2023 |
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Filing suit during Michaelmas Vacation without leave deprived the court of jurisdiction; matter dismissed, plaintiff may recommence.
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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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A stay pending appeal requires realistic prospects of success and special circumstances; unsupported factual challenges are insufficient.
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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 |
| August 2023 |
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Court may appoint an arbitrator when the agreed arbitral institution fails and the respondent does not act.
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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 |
| July 2023 |
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Written contract terms governed the parties; plaintiff awarded K8,455,157.80; theft claims partly statute-barred; limitation clause enforced.
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Contract law — incorporation of written terms into oral agreement; limitation clauses — validity and enforceability; Limitation Act — six-year bar to tort/simple contract claims; set-off and equitable adjustment; interest and costs on judgment.
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11 July 2023 |
| June 2023 |
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Plaintiffs’ challenges to loan terms and requests for consolidation and injunction dismissed; defendant’s counterclaim succeeds with foreclosure nisi and judgment for K8,543,087.16.
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Contract law — loan and collateral agreements — signature binds parties; consumer claims — unfair trading and extortionate terms not established; remedies — enforcement of signed credit contracts, foreclosure nisi, refusal to appoint receiver; awards — judgment for lender, nominal damages, interest and costs.
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29 June 2023 |
| May 2023 |
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Whether a notice of intention to arbitrate suffices to commence arbitration and avoid six-year limitation.
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Arbitration jurisdiction; notice of intention to arbitrate; construction of contractual dispute-resolution clause (Clauses 8.1 & 10.2); commencement of arbitral proceedings (UNCITRAL Article 3); limitation — Limitation Act 1939 (six years); court review of interim jurisdictional ruling under Arbitration Act Article 16(3).
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11 May 2023 |
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Plaintiff’s 0.5% success-fee claim dismissed; entitled to 0.140% only upon first project financing drawdown.
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Agency / letter of authorisation — contract by conduct — quantum meruit considered but contract by conduct found — success fee conditional on project financing/first drawdown — prior payments characterised as consultancy/commission — claim for 0.5% dismissed; entitlement to 0.140% accrues after first drawdown.
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8 May 2023 |
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Arbitration rules govern award registration and service; court registration cannot alter an arbitral award—share‑register amendment set aside.
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Arbitration law — Registration and enforcement of foreign arbitral awards — Arbitration Act and Arbitration (Court Proceedings) Rules govern registration and service — service out of jurisdiction under Rule 19 — mandatory 90‑day set‑aside period (Rule 17) is formal requirement but omission is curable — Court’s complementary role to arbitration does not permit altering an award (orders directing amendment of share register set aside).
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4 May 2023 |
| February 2023 |
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Court held receivers’ appointment void for failure to satisfy debenture notice/crystallisation prerequisites; conveyances tainted but some titles protected.
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Company/Receivership — validity of receiver appointment — continuing floating debenture — crystallisation and notice required; Debenture law — events of default and seven‑day execution rule; Property law — void conveyance by invalid receiver; Bona fide purchaser doctrine and lis pendens; Reliefs — declaratory reliefs, rescission, damages (nominal awarded).
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28 February 2023 |
| October 2022 |
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Court upheld ex parte registration and enforcement orders for an arbitral award, finding substituted service and share-register rectification acceptable.
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Arbitration — Registration and enforcement of arbitral award — Rule 16 ex parte registration — Substituted service via nominees and publication — Court's complementary role in enforcement — Rectification of share register as enforcement measure.
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21 October 2022 |
| April 2022 |
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Application for instalment payment dismissed for failure to file an affidavit of means; stay of execution discharged.
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Civil procedure — payment of judgment in instalments — Order 36 Rule 9 HCR — Order 47 RSC — affidavit of means — full and frank disclosure — inability to pay — stay of execution discharged.
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27 April 2022 |
| May 2021 |
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A proposed long-term instalment plan was refused as unreasonable and prejudicial to the judgment creditor.
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Civil procedure — Order 36 Rule 9 — Judgment debtor seeking to pay by instalments — Sufficiency of disclosure of income, assets and indebtedness — Reasonableness of payment plan — Prejudice to judgment creditor.
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21 May 2021 |
| February 2021 |
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An intending non-party cannot be joined after consent judgment and execution absent an appeal or review.
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Civil procedure — Joinder under Order 14 r.5(1) — Timing of joinder applications after judgment — Effect of consent judgments — Functus officio where no appeal or review — Stay of execution pending joinder.
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15 February 2021 |
| December 2020 |
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Trustee's contractually limited role and the exchange's statutory remit precluded liability for the investor's losses.
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Securities law — note trustee duties under Trust Deed — contractual limitation of monitoring; Guarantee cancellation by issuer notice; securities exchange obligations rest with issuer; requirement of SEC approval for exchange rules; no piercing of corporate veil.
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15 December 2020 |
| October 2020 |
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Restructured loan enforceable; excessive interest reduced; unregistered land charge void; debtor ordered to pay recomputed balance.
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Restructured loan governs rights; debtor bears burden to prove payments; Money-Lenders Act caps interest (48%); unlawful/usurious interest substituted; land charge void without registration; MPSI Act requires proof of ownership/registration for movable security.
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29 October 2020 |
| September 2020 |
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Court confirmed a varied Mareva injunction pending appeal but declined it as originally drafted, finding no solid current risk of dissipation.
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Mareva injunction; freezing order; ex parte duty of full and frank disclosure; variation/discharge of interlocutory injunction; 'real risk' of asset dissipation; ordinary‑course‑of‑business exception; post‑judgment relief pending appeal; foreign defendant and enforcement risk.
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22 September 2020 |
| August 2020 |
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Receiver appointed by equitable execution; injunction confirmed; instalment payment application dismissed for inadequate financial disclosure.
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Equitable execution — appointment of receiver where ordinary execution is ineffective; ancillary interim injunction — confirmation; payment by instalments — burden of full financial disclosure; exhaustion of remedies not strictly required if just and convenient.
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20 August 2020 |
| April 2020 |
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Whether domiciliation of contract proceeds bound the purchaser and whether guarantors remained liable for the loan.
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Banking and contract law — trade loan facility, domiciliation of contract proceeds — whether domiciliation/assignment discharged borrower’s liability or bound third party — enforceability of personal guarantees — privity of contract.
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23 April 2020 |
| January 2020 |
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A company in receivership cannot sue except through its receiver; failure to do so renders the action null and void.
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Company law — receivership — locus standi — only the receiver can sue or defend for a company in receivership; nullity ab initio. Civil procedure — abuse of process, duplicity of actions, forum shopping
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Companies Act s281 — leave to sue in liquidation contexts
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28 January 2020 |
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Whether the respondent validly increased rent by notice and lawfully distrained; agency and tenant's liability.
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Agency — conduct and correspondence establishing agency; tenancies — tenancy at will and reliance on unexecuted lease; contract — validity of rent increase by notice; distress — lawfulness of warrant for rent arrears; remedies — quantification and enforcement of distraint.
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16 January 2020 |
| May 2018 |
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Whether the respondent was a consumer of transport services and whether the Tribunal had jurisdiction absent an appealable Commission decision.
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Competition and Consumer Protection Act — interpretation of "consumer" (s.2(1)(b)) — distinguishing consumer of goods and consumer of services; meaning of "order" and "direction" under s.60; appealable decisions; jurisdiction of Competition and Consumer Protection Tribunal; ultra vires acts and nullity of decisions.
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2 May 2018 |
| January 2018 |
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Applicant validly converted staff loan to commercial terms; respondent defaulted; judgment entered and foreclosure authorised.
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Mortgage enforcement — Conversion of staff loan to commercial terms permitted by facility agreement — Variation of interest rates and notification by clause — Statement of account and banker's duty to disclose — Non‑retrospective application of Banking and Financial Services Act 2017 — Foreclosure and sale on default.
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23 January 2018 |