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Citation
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Judgment date
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| December 2017 |
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Specific performance refused; plaintiff failed to prove major losses; defendant lawfully called advance guarantee; limited reimbursement awarded.
Contract law – specific performance discretionary and impracticable where contract expired and claimant contributed to delay; Factory Acceptance Test delays; advance payment guarantee lawfully called; damages not proved without evidence; limited reimbursement for travel rescheduling and interest on late advance.
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29 December 2017 |
| November 2017 |
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Judgment after a hearing was not a default judgment; application to set it aside was dismissed with costs.
Civil procedure — Default judgment — Distinction between judgment after hearing and default judgment; originating summons — mortgage actions — requirement of leave for default judgment; setting aside judgments under Order 20 Rule 3; adjournment in Commercial Court — compelling and exceptional circumstances.
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22 November 2017 |
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Court granted interim injunction restraining respondent from foreclosing secured assets pending trial, finding a serious question to be tried.
Interim injunction — preservation of status quo — serious question to be tried — adequacy of damages — balance of convenience — equitable discretion — foreclosure of security pending trial.
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17 November 2017 |
| September 2017 |
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Judgment on admission entered for admitted K340,000; triable issues over circumstances and interest deferred to trial.
Civil procedure — Admission of fact — Express and implied admissions — Judgment on admission under Order 21/Order 27 — Partial admissions and triable issues — Escrow/payment instructions — Requirement of clarity of admissions.
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13 September 2017 |
| August 2017 |
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Plaintiff recovered unpaid legal fees; second defendant’s oral undertaking established personal liability; taxation remedy not pursued.
Contract for legal services; recovery of unpaid legal fees; parol evidence admissible to prove collateral oral undertaking; Order 50 High Court Rules (taxation of bill) — failure to apply within one month; director's personal undertaking to pay; interest and costs awarded.
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17 August 2017 |
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Court ordered preliminary legal issues under Order 14A be heard before the application to discharge an injunction.
Civil procedure – Order 14A Rules 1 & 2 – Preliminary issues – Whether a preliminary point of law may be determined by motion before an interlocutory application and whether such determination need dispose of the entire cause.
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15 August 2017 |
| June 2017 |
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Court may decide personal guarantees within a mortgage action when claims arise from the same transaction and documents.
Mortgage action – Order 30 rule 14 – Personal guarantees – Joinder of causes – Construction of security documents – Avoidance of multiplicity of actions – Binding Supreme Court precedent – Section 13 High Court Act.
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29 June 2017 |
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Court refused recusal: attending as legal adviser at board meetings did not disqualify the firm under Rule 33(1)(d) or (e).
Professional conduct – recusal – Legal Practitioners Practice Rules 33(1)(d) & (e) – whether attendance as legal adviser at board meetings makes practitioner a likely witness – legal professional privilege – supervisory jurisdiction under s85 of the Legal Practitioners Act.
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15 June 2017 |
| May 2017 |
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Procedural irregularities in mortgage originating summons were curable; court ordered amendments and refused to set aside proceedings.
Civil procedure – originating summons – procedural irregularity – omission of electronic address – defective affidavit (extraneous matter; missing exhibit; undated jurat) – curable defects – court’s discretion to allow amendment and expungement rather than dismissal.
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29 May 2017 |
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Mortgagee entitled to judgment, interest, and foreclosure/possession despite non‑compliance with White Book formalities.
Civil procedure – mortgage actions (Order 30 r14 High Court Rules) – evidentiary requirements – applicability of Order 88 (White Book) – foreclosure vs sale – equity of redemption extinguished on default.
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9 May 2017 |
| January 2017 |
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Failure to endorse a penal notice and effect personal service renders an application for a writ of sequestration incompetent.
Enforcement of judgments – Sequestration – Requirement for penal notice endorsement (Order 45 r.7(7)) – Personal service on corporate bodies (Order 45 r.7(6)) – Inherent jurisdiction limited by procedural rules – Presence in court does not dispense with service.
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25 January 2017 |