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Citation
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Judgment date
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| December 2023 |
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Court stayed proceedings and referred the applicant's pension computation dispute to arbitration under the fund's arbitration clause.
Arbitration – stay of court proceedings under s.10 Arbitration Act – construction and scope of arbitration clause in pension trust rules – applicability to former members – disputes over computation of defined-benefit portable benefits – actuarial valuation – whether arbitrator may determine matters implicating statutory interpretation.
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29 December 2023 |
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Emails proposing/accepting a payment plan and a part payment can constitute a clear implied admission, justifying judgment on admission.
Civil procedure — Judgment on admission — Admissions may be express or implied but must be clear and unequivocal — Payment plan emails and part payment can constitute implied admission of debt — Failure to apply to amend affidavit containing alleged typographical error.
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29 December 2023 |
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Challenge dismissed: business rescue resolution lapsed for failure to comply with statutory notice and filing requirements.
Corporate Insolvency Act 2017 – Section 21 notice and filing requirements – lapsing of business rescue resolution for non-compliance – affected persons' participation and business rescue plan adoption (Sections 41–43) – appointment of business rescue administrator rendered academic where resolution lapsed.
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29 December 2023 |
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Court ordered specific performance for shop possession but dismissed damages claim; costs awarded and leave to appeal granted.
Contract law — oral agreement to allocate market shops — payment and issuance of certificates — reallocation and variation of agreement — specific performance appropriate; damages for loss of business dismissed; admissibility of unpleaded evidence where not objected to.
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29 December 2023 |
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A bona fide purchaser for value without notice prevails; repudiation and settlement preclude specific performance; vendor liable for refund and damages.
Property law – Sale of land – bona fide purchaser for value without notice; equitable notice (actual and constructive); specific performance unavailable where vendor repudiates and purchaser accepts refund; caveat – entitlement and wrongful lodgment; remedy: damages and refund.
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29 December 2023 |
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Summary dismissal for alleged dishonesty upheld; plaintiff awarded accrued gratuity, leave, acting allowance, certain unpaid salary and K6,900.
Employment law – suspension, disciplinary procedure and right to be heard – summary dismissal for dishonesty – entitlement to accrued benefits (gratuity for completed years, accrued leave, acting allowance, unpaid salary) – appeal procedure under internal code.
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15 December 2023 |
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Default judgment refused; Attorney General must be joined and ownership must be proved at trial before vehicle release.
Civil procedure — Default judgment — Relief against state organs — Joinder of Attorney General required where police custody of property is implicated — Necessity of declaration of ownership and trial to determine entitlement.
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15 December 2023 |
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Subordinate court lacked jurisdiction to determine land-title dispute without all parties' consent; appeal allowed and case transferred to High Court.
Subordinate Courts Act s23 — jurisdictional condition precedent — disputes involving title/ownership of land require consent of all interested parties — absence of consent renders proceedings a nullity; magistrate must ascertain jurisdiction before deciding preliminary issues.
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12 December 2023 |
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12 December 2023 |
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Whether a later suit challenging election validity is barred by res judicata when prior proceedings addressed only disqualification.
Civil procedure – res judicata and abuse of court process – requirement that same cause of action and same parties must have had an opportunity to recover – distinction between proceedings on disqualification and separate challenges to election validity – appeal to judge in chambers as fresh application.
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12 December 2023 |
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Applicant proved respondent's unpaid diesel debt; court awarded K210,500 with interest and dismissed other damages claims.
Contract formation – sale of goods (diesel) – proof on balance of probabilities; Default/delay – hearing in defendant's absence under Order XXXV r.3; Assessment of outstanding debt and ledger evidence; Interest on judgment and costs; Failure to prove ancillary breach/damages claims.
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12 December 2023 |
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Termination during probation was lawful where assessment outcomes were communicated and statute/contract do not require a particular form.
Employment law – Probationary employment – Section 27 Employment Code Act 2019 – mandatory assessment and communication before probation expiry – statute does not prescribe manner of communication – oral communication may suffice where contract is silent – termination with 24‑hour notice during probation lawful – burden to prove failure to communicate.
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11 December 2023 |
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Forensic and circumstantial evidence established that the accused intentionally suffocated and buried a born‑alive infant, meriting a murder conviction.
Criminal law – Murder – elements: death, unlawful act/omission, causation, malice aforethought – Circumstantial evidence – Forensic pathology and histology establishing born-alive status and asphyxia – Infanticide/mental disturbance assessed and rejected.
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8 December 2023 |