Results.
13 judgments found.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |