Results.
50 judgments found.
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| December 2022 |
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A contractual forfeiture and registered assignment effected a conveyance, not an equitable mortgage; applicant entitled to the property, monetary and damages claims dismissed.
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Contract law — Investment agreement with deposited title and registered deed of assignment — Forfeiture/registered assignment clause creates conveyance/sale, not an equitable mortgage — Enforcement of express contractual conveyance — Claim for damages requires proof on balance of probabilities.
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30 December 2022 |
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Applicant failed to prove unfair dismissal where respondent reasonably investigated and followed disciplinary procedure.
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Employment law — Unfair dismissal — Burden of proof on balance of probabilities; Employer's reasonable belief and disciplinary procedures; Sufficiency of evidence (documentary proof of deposits).
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30 December 2022 |
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Tender and licence invitations were quashed as ultra vires because the statutory Wildlife Management Licensing Committee had not been constituted.
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20 December 2022 |
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Court revoked respondent's grant obtained on an untrue belief, ordered accounts, identified dependants and directed Administrator-General to administer estate.
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Intestate succession — Letters of administration — Revocation where grant rests on untrue statement in ignorance (s.29(1)(c)) — Fraud allegation requires distinct pleading and higher standard — Definition and entitlement of "child" and "dependant" under Intestate Succession Act — Administrator-General appointment and duties — Surviving spouse's right to select devolving house.
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16 December 2022 |
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A niece is a 'near relative' under the Intestate Succession Act; estate shares and certain properties must be valued, preserved and distributed under s.7(f).
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Succession law — Intestate succession — Meaning of 'near relative' and 'remoter descendant' — Niece held a 'near relative' entitled under s.7(f) where deceased leaves spouse but no children/parents/dependants; company shares as personal estate property; matrimonial home confers a life interest to surviving spouse; injunction and valuation for distribution ordered.
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7 December 2022 |
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A niece is a 'near relative' under the Intestate Succession Act; spouse holds only a life interest in the matrimonial home.
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Intestate succession — meaning of 'near relative' and 'remoter descendant' — nieces and nephews fall within remoter descendants; Company law — shares as personal property and part of deceased's estate; Matrimonial home — surviving spouse has life interest determinable on death/remarriage; Originating summons jurisdiction (Order XXX Rule 12) — valuation, sale and distribution of estate assets; Interim injunction to restrain disposal by administrator.
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7 December 2022 |
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A niece qualifies as a 'near relative' under the Intestate Succession Act; estate shares/property to be valued and proceeds distributed per s7(f).
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Intestate succession — 'near relative' and 'remoter descendant' — niece included as beneficiary; Shares as personal property — company ownership and indirect shareholder interest; Matrimonial home — surviving spouse's life interest not absolute; Injunction restraining disposal of estate assets; Valuation and sale of estate assets and distribution under s7(f).
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7 December 2022 |
| November 2022 |
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Applicants entitled to specific performance for a 5‑acre sale; caveat rendered later titles irregular; no damages awarded.
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Land law — sale of land — offer letter and advertisement as extrinsic evidence of agreed acreage; agency/ostensible authority; caveat effect on subsequent registrations; limitation (12 years); remedy of specific performance; damages denied for lack of purchaser due diligence.
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25 November 2022 |
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Applicant entitled to sale to enforce Charging Order but court ordered fresh government valuation before sale.
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Civil procedure — Enforcement of Charging Order Absolute by sale — Requirements of Order 88 r.5A(2) (identification of charge, outstanding sums, verification of title, prior incumbrancers, proposals and estimates supported by valuation) — Adequacy and currency of valuation — Discretion as to appointment of receiver — Typographical errors not necessarily fatal where correct exhibits lodged.
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18 November 2022 |
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Trust transfers made after knowledge of impending divorce may be disregarded; assets can remain matrimonial property and be shared.
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Family law — Matrimonial property — Transfers into trusts or corporate vehicles — Transfers made after notice of impending divorce may be regarded as mala fide to defeat property claims; such assets may be treated as matrimonial property; doctrine of stare decisis (Chibwe v Chibwe) applies — Joinder/striking out of parties under Subordinate Court Rules.
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14 November 2022 |
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The accused coxswain's decision to take the boat into deep water with swimmers aboard constituted manslaughter; crew acquitted.
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Criminal law — Manslaughter — unlawful act manslaughter — dangerous and foreseeable act; Negligence — gross negligence by vessel master; Inland Waters and Shipping Act — duty to secure safety of persons on board; Burden of proof — prosecution to prove guilt beyond reasonable doubt; Evidence — weight of eyewitness (relative) and investigatory report; Contributory negligence — not a defence to manslaughter, only mitigation.
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14 November 2022 |
| October 2022 |
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26 October 2022 |
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Whether an earlier action challenging a consent judgment constitutes abuse, and whether it can be consolidated with a concluded suit.
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Civil procedure — Abuse of court process and multiplicity of actions; Consent judgments — scope of an action to set aside consent judgment; Consolidation — prerequisite that target matters be pending; Remedy of review where joined post-judgment.
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14 October 2022 |
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Whether a written sale with a buy‑back option was in substance an equitable mortgage entitling the applicant to redeem.
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Characterisation of transaction — sale versus equitable mortgage; objective interpretation of written contract; buy‑back/option clauses; right to redeem; entitlement to vacant possession; enforcement of freely entered contracts.
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10 October 2022 |
| September 2022 |
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A certificate of title is conclusive; the applicant entitled to vacant possession and eviction against the respondent.
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Land law — Certificate of title conclusive evidence of ownership (absent fraud); Originating summons (Order 30 Rule 11) appropriate for questions arising from written instruments; vacant possession and eviction where transferee refuses to vacate; service of process and default.
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30 September 2022 |
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Court declines to vary a will under Section 20 Wills Act where testator’s reasons and lack of evidence justify dispositions.
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28 September 2022 |
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Petitioner shareholder’s winding-up petition granted: respondent unable to pay debts and membership reduced below two, costs awarded.
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Company law — Winding-up by court — Member’s petition under s.56; Service and advertisement compliance; Insolvency — ‘unable to pay debts as they fall due’ (s.57(3)(c)) and solvency test (s.57(4)); Balance-sheet and cash-flow considerations; Insufficient proof of specific trade and statutory debts; Reduction of members below two (s.57(1)(d)) — proper ground for winding-up.
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27 September 2022 |
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Appeal dismissed: late venue objection waived after filing pleadings and taking fresh steps; matter remitted for trial.
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Civil procedure — Subordinate Courts — Order XIV Rule 1(c) — Place of trial for ‘other suits’ — Jurisdictional objection must be raised before or when required to answer/plead — Waiver by filing pleadings or taking fresh steps (payments into court) — Appeal dismissed; matter remitted for trial.
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15 September 2022 |
| August 2022 |
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Plaintiff failed to prove an enforceable insurance contract and unpaid premiums; inadequate evidence led to dismissal.
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Insurance law — General insurance — Section 76 Insurance Act 1997 — Premium unpaid — contract inoperable after 30 days or agreed period; Evidence — requirement of witness personal knowledge — weight of unsubstantiated witness statement; Burden of proof — plaintiff must prove contract and liability on balance of probabilities; Failure to produce policy documents — claim dismissed.
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25 August 2022 |
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Money-Lenders Act prohibits compound interest; plaintiff awarded principal with simple interest and may enforce vehicle pledge if unpaid.
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Money-Lenders Act s.10 — clause charging compound interest void; pleadings — O. LIII r.6 deemed admissions for untraversed allegations; admissibility of unpleaded security evidence where not objected to; remedies — award of principal, simple interest, enforcement of pledged vehicle
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10 August 2022 |
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Plaintiff proved fraudulent land transfers; court cancelled titles, set aside mediation settlement, and declared expulsion null and void.
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Land law — Fraudulent execution of deeds of gift — Challenge and cancellation of certificates of title under Lands and Deeds Registry Act — Mediation consent settlement set aside where settlement was tainted by fraud — Authority of legal representative in mediation — Nullity of trustee expulsion.
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4 August 2022 |
| July 2022 |
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An applicant with a certificate of title is entitled to immediate possession and demolition against respondents occupying land without consent.
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Land law — Possession under Order 113 — Certificate of title conclusive evidence — Squatters occupying without licence — Eviction and demolition of unauthorised structures — Arrest of judgment and allegations of fraud.
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1 July 2022 |
| June 2022 |
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Court enforces personal guarantee against director despite alleged business rescue; moratorium held inapplicable to the guarantor.
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Guarantee enforceability; personal guarantor liability; business rescue moratorium; Corporate Insolvency Act s.25(2); originating summons procedure; burden of proof for business rescue initiation.
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9 June 2022 |
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Unregistered lease is void, but possession and accepted rent created a periodic tenancy permitting the plaintiffs' claims to continue.
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Lands and Deeds Registry Act s4 & s6 — non-registration of a lease renders it void; unregistered lease enforceable inter partes only; possession plus payment and acceptance of rent creates periodic tenancy independent of void lease; Order 14A inappropriate where point of law will not finally dispose of action.
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9 June 2022 |
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Unregistered long lease is void; periodic tenancy arose, but claimant's application was procedurally defective and dismissed.
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Lands & Deeds Registry Act — non-registration of a lease for >1 year renders it null and void; periodic tenancy may arise by possession and payment of rent; procedural requirements under Landlord and Tenant (Business Premises) Act — originating notice of motion limited to specified claims, statutory notice and notification requirements for new tenancy (s.5, s.10) and Rule 5 compliance; improper commencement deprives court of jurisdiction; application dismissed; costs to respondent; leave to appeal granted.
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8 June 2022 |
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Application to set aside arbitral award dismissed — no lack of notice, no proven excess of scope, no unlawful delegation to assistant arbitrator.
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Arbitration Act s.17(2) — setting aside arbitral awards — notice of proceedings; scope of submission to arbitration; tribunal composition; Regulation 15 — assistants and delegation of decision‑making.
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3 June 2022 |
| May 2022 |
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Plaintiff awarded mesne profits due to defendant's holding over and unreasonable delay in completing required repairs.
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Mesne profits; landlord–tenant; holding over after lease termination; requirement of deprivation of possession; delay in repairs as basis for damages; interest and costs; leave to appeal.
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11 May 2022 |
| April 2022 |
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A registered certificate of title is conclusive; a local authority cannot lawfully displace registered ownership by issuing occupancy licences.
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Property law — Certificate of Title — Conclusive effect of certificate (Lands and Deeds Registry Act s.33) — Adverse possession barred after issuance of certificate (s.35) — Local authority’s occupancy licences and levies cannot override registered title — Improvement Area Declaration not retrospective.
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27 April 2022 |
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Court permitted re-opening to admit fresh documentary evidence after finding Ladd v Marshall criteria satisfied.
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Civil procedure — Fresh evidence after close of case — Order III r2 High Court Rules; Order 38 r13 Rules of Supreme Court — Ladd v Marshall criteria applied — documentary evidence; self‑explanatory exhibits; prevention of prejudice to opposing parties.
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11 April 2022 |
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The applicant’s failure to promptly file a notice of appeal justified refusal to grant leave to appeal out of time.
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Civil procedure — Appeal from Registrar — Order XXX, Rule 10(1) — seven‑day notice requirement — extension of time — promptness required — sitting on rights — prospects of success — failure to file grounds or submissions.
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6 April 2022 |
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Affidavit in reply filed without leave was expunged and land recovery claim dismissed as statute-barred under the Limitation Act.
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Civil procedure — Affidavit in reply: generally requires leave; court discretionary to admit affidavits filed without leave where issues were unforeseeable
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Limitation Act 1939 s4(3) — 12-year bar to actions for recovery of land; s26 exception for fraud/mistake delays accrual until discovery
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Order 14A — preliminary point of law appropriate to dismiss plainly statute-barred land claims
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1 April 2022 |
| March 2022 |
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Court prioritised children's welfare over parental financial claims, granting interim split custody and ordering a social welfare report.
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Family law — Child custody — Welfare of the child paramount — Financial capacity one factor among many — Interim split custody — Social Welfare assessment ordered.
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31 March 2022 |
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Notice of taxation filed before conclusion set aside where court did not order taxation forthwith.
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Civil procedure — Taxation of costs — Order 62 Rule 8: costs not to be taxed until conclusion of cause unless court orders earlier — Order 62 Rule 29: three-month limit to commence taxation — notice of taxation filed prematurely set aside.
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31 March 2022 |
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Wrongful dismissal claim time-barred; malicious prosecution accrues at acquittal and remains actionable.
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Civil procedure — Order 14A (disposal on point of law) — preliminary application after defence filed — Order 33 (preliminary issues) improperly invoked; Limitation law — Section 2(1) Limitation Act 1939 — six-year period for actions on simple contract — wrongful dismissal accrues on dismissal; Concurrent civil and criminal proceedings — do not automatically suspend civil limitation — stay may be sought; Tort — malicious prosecution accrues on termination in plaintiff's favour (acquittal).
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31 March 2022 |
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A donee must sue in the principal's name; suing in the donee's name is a substantive defect warranting striking out.
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Power of attorney — capacity to sue — agent must sue in principal's name; striking out party — substantive lack of authority; discretionary leave to refile; procedural directions and costs.
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30 March 2022 |
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Whether a written contract of sale or a disguised loan determined ownership; court upheld respondents' title, dismissing applicant's fraud claim.
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Property law — contract formation and written sale agreements — evidential weight of signed written contract; Pleading and proof of fraud — particularity required and high standard where alleged; Challenge to certificate of title for fraud; Vacant possession and mesne profits claims.
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30 March 2022 |
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A defendant must show an excusable default and a meritorious defence to set aside a default judgment.
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Civil procedure — Default judgment — Setting aside ex parte judgment — Requires meritorious defence disclosing triable issues and an excusable explanation for default; stay of execution and committal not granted where defence is unconvincing and default inexcusable (Orders 12, 20, 35, High Court Rules).
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30 March 2022 |
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A conditional appearance without a defence cannot invoke Order 14A to displace the Arbitration Act's stay-and-refer regime.
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Arbitration clause; Section 10 Arbitration Act 2000 — stay and referral to arbitration; Order 14A RSC — final determination; notice of intention to defend; conditional memorandum of appearance; jurisdiction.
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30 March 2022 |
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An undefended two‑year separation divorce with consent may be granted on affidavit and referred to mediation for custody and maintenance.
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Family law — Divorce — Two years’ separation plus consent as ground for Decree Nisi (Matrimonial Causes Act 2007, ss.8, 9(1)(d)); Court may determine undefended divorce on affidavit under Order 30 Rule 6A (High Court Rules, as amended); Maintenance and custody referred to mediation under Order 31 Rule 4; Decree Nisi to become absolute after six weeks.
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30 March 2022 |
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Facebook libel claim failed for lack of proof of reputational harm; counterclaim for emotional distress also failed.
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Defamation — libel on social media — publication admitted; plaintiff must prove reputational harm among right‑thinking members of society; mere hurt feelings insufficient. Defence of justification requires proof of truth but unnecessary if no defamatory effect proven
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Counterclaim — emotional distress — requires medical evidence, proof of severity and causal link; failure to prove these defeats claim
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30 March 2022 |
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Landlord entitled to possession where tenants owe rent; purchase payments do not bar eviction under the Rent Act.
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Rent Act — recovery of possession — requirement of rent lawfully due under s13 — unpaid rent as ground for eviction — distinction between tenancy and separate sale/purchase agreements — notice and opportunity to pay.
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30 March 2022 |
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Admission of prior conviction obviates section 142 proof; reformatory order quashed and substituted with probation, crediting pre-confirmation custody.
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Juveniles Act — reformatory orders — confirmation by High Court; Criminal Procedure Code s.142 — proof of previous convictions and effect of admissions; credit for time spent on remand; parental neglect and suitability of reformatory orders; substitution with probation order.
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29 March 2022 |
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Undefended divorce based on five years' separation may be decided on affidavit evidence and gives rise to a Decree Nisi with ancillary matters referred to mediation.
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Matrimonial Causes Act — undefended divorce — five years' separation plus consent — determination on affidavit evidence under Order 30 Rule 6A — referral of ancillary issues to mediation.
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28 March 2022 |
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Divorce granted for two years' separation with consent; ancillary issues referred to mediation; each party bears own costs.
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Matrimonial Causes Act — two years' separation plus consent — undefended divorce on affidavit evidence; High Court Rules Order 30 Rule 6A — determination on documents; Section 41 — grant of Decree Nisi; referral of custody, maintenance and property issues to mediation under Order 31 Rule 4; costs — each party to bear own costs; consented Decree Nisi — no appeal.
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28 March 2022 |
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Unregistered Letters of Administration affecting land render administrators incompetent to sue; action dismissed.
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Lands and Deeds Registry Act — registration of probate/Letters of Administration affecting land within 12 months — non‑registration voids capacity to sue regarding land — locus standi — preliminary issue — dismissal for incompetency.
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25 March 2022 |
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Whether a court can fix a time for payment by a statutory agency barred from enforcement by statute.
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25 March 2022 |
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Court joined the district council where its alleged role in re‑planning could affect the outcome of a land occupation dispute.
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Civil procedure — Joinder of parties — Order 14 rule 5 High Court Rules — requirements for joinder: interest/likely to be affected; necessity for complete adjudication; nexus in affidavit/pleadings — local authority involvement in land re‑planning and legalization — avoiding multiplicity of actions.
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25 March 2022 |
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Local authority unlawfully seized market traders' goods and containers; restitution value to be assessed, damages claim dismissed.
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Local government powers — Demolition and seizure of market structures — Requirement of notice under Market and Bus Station Act — Burden and standard of proof in civil claims for confiscation and special damages — Assessment of unproven monetary losses by Deputy Registrar.
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15 March 2022 |
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Plaintiff entitled to 1.0244 hectares; fraud and solicitor undertaking claims not proved; purchaser must release title for conveyance.
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Land conveyancing — disputed subdivision extent — admissibility and weight of sketch plan — effect of subsequent purchaser’s contract on prior vendee — alleged solicitor undertakings and professional misconduct — high standard for proving fraud and breach of undertaking.
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15 March 2022 |
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A creditor-appointed receiver cannot validly act against a company in Business Rescue absent administrator consent or court leave; challenge dismissed.
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Corporate Insolvency Act — Business Rescue moratorium — requirement of administrator's written consent or leave of court; Business Rescue v
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Receivership — generally mutually exclusive; locus of creditor-appointed receiver during Business Rescue; High Court inherent jurisdiction to hear interlocutory applications
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7 March 2022 |