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Citation
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Judgment date
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| 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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
Corporate Insolvency Act — Business Rescue moratorium — requirement of administrator's written consent or leave of court; Business Rescue v
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 |