Results.
23 judgments found.
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| May 2024 |
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An assessed interest that merges with the principal constitutes assessment of damages, so appeal on assessment lies to the Court of Appeal.
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Civil procedure — appeals from Registrar’s assessment — Order 30 Rule 10(4) — assessment of interest merging with principal forms judgment debt — appeal lies to Court of Appeal; interlocutory consent orders may be discharged where inconsistent with statutory appeal route.
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31 May 2024 |
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Court reviewed and set aside dismissal for want of prosecution due to plaintiff’s partial compliance with pre-trial directions.
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Civil procedure — Review of judgment — Order 39 Rule 1 High Court Rules — Power of judge to review own decision; Dismissal for want of prosecution — Partial compliance with pre-trial directions as sufficient ground to set aside dismissal; Direction to vary timetable for filing witness statements.
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30 May 2024 |
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Post-judgment joinder unavailable absent appeal or review; stay of execution requires good and convincing reasons.
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Civil procedure — Joinder of parties post-judgment; Order 14 Rule 5(1) — joinder at or before hearing; court functus officio after judgment; stay of execution requires good and convincing reasons and realistic prospects of success.
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30 May 2024 |
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29 May 2024 |
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Appeal succeeds: strike-out requires 'plain and obvious' no-cause test; issues of liability must await trial.
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Civil procedure — striking out pleadings — reasonable cause of action — 'plain and obvious' test; appeal from Registrar; admissibility of evidence on strike applications; restitution and conspiracy to defraud; trespass to goods.
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29 May 2024 |
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Application for special leave to review out of time refused where plaintiff repeatedly failed to prosecute matter and showed no fresh evidence.
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Civil procedure — non‑prosecution and dismissal under Order 19 Rule 7; review out of time under Order 39 Rule 2 — requirement of fresh evidence; duty to prosecute; counsel obligations.
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25 May 2024 |
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Whether a verbal agency agreement existed and whether the defendant is liable for alleged commission and professional charges.
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Contract formation — verbal agreement — offer and acceptance — intention to create legal relations — consideration — privity of contract — damages for lost commission — professional charges — evidentiary burden.
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24 May 2024 |
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Whether competing surveys and archival records establish that Farm 9565 encroaches on Farm 80a and remedies for trespass.
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Land boundaries and cadastral evidence — determination of encroachment without original beacons — adequacy of archival/topographic records; Surveyor's duty of care and professional negligence — breach established but damages not proven; Trespass to land — erroneous title and nominal damages; Locus standi — representative plaintiff after probate.
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24 May 2024 |
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Purchase order formed a binding agreement; failure to prove financing condition resulted in breach and damages, not specific performance.
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Contract law — Purchase order as agreement to sell; condition precedent — alleged bank financing; cancellation and repudiation; breach for non-payment; refusal of specific performance; damages assessed by market value difference and registration costs
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22 May 2024 |
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Whether consolidation of multiple land claims is appropriate where they involve different properties, parties and procedural stages.
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Civil procedure — Consolidation of actions — Order III rule 5 / court’s power to consolidate — Requirement of common question of law or fact or same transaction — Consolidation inappropriate where claims concern different properties, parties and procedural stages — Authorities: Payne v British Time Recorder Co; Mukumbuta v Nkwilimba.
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21 May 2024 |
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Court orders personal service on a joined foreign defendant under Order X rule 15 and grants leave to serve at a Cairo address.
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Civil procedure — Service out of jurisdiction — Order X rules 14, 15 and 16 — Personal service on foreign defendant who acted through local agent — Natural justice and joinder — Leave to effect service at foreign address.
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21 May 2024 |
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Res judicata fails where prior judgment did not determine when the disputed property was acquired; plaintiff may amend pleadings.
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Civil procedure — res judicata (cause of action and opportunity to recover) — prior judgment did not determine acquisition date of property; caveat issue struck off — amendment of pleadings permitted — Order 3 r.2 High Court Rules; Order 18 r.19 White Book
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20 May 2024 |
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Whether the applicant may set aside a transfer and cancel title where the respondent failed due diligence and fraud alleged.
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Land law — nature of transaction: sale versus loan; bona fide purchaser for value without notice — duty to make enquiries; certificate of title — cancellation for failure of purchaser's due diligence; allegations of fraud — burden and standard of proof; Financial Intelligence Centre Act — reporting obligations do not automatically void transactions.
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15 May 2024 |
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Appeal dismissed for lack of jurisdiction because statutory 30-day appeal period was not observed; substantive issues left undecided.
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Rating law — appeals and jurisdiction — statutory 30-day appeal period (s35(1)) — Tribunal's lack of power to extend time — remission of rates — transitional provision (s42) — requirement for Tribunal to give reasons (s34(1)(c)) — validity of objections (s17).
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15 May 2024 |
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Court granted decree nisi for divorce based on five years' separation, using affidavit procedure; joint custody, each keeps own chattels.
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Matrimonial Causes Act — irretrievable breakdown — five years' separation — Decree Nisi — Special Procedure (divorce on affidavit) — Order 30 Rule 6A — custody — chattels — costs.
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14 May 2024 |
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Divorce granted where parties lived apart for five years; decree nisi to become absolute after six weeks; each party bears own costs.
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Family law — Matrimonial Causes Act — Divorce on ground of five years’ continuous separation — Consent to divorce by respondent — Decree nisi to become absolute after six weeks — Costs each party.
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13 May 2024 |
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Defendant's strike-out for failure to disclose cause of action, res judicata and abuse of process dismissed; matter to proceed.
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Civil procedure — striking out pleadings for failure to disclose cause of action; res judicata; abuse of process; interlocutory injunctions and effect of earlier interlocutory rulings.
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13 May 2024 |
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Interlocutory refusals do not bar a substantive claim; strike‑out application dismissed for lack of merit.
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Civil procedure — strike out for failure to disclose cause of action; abuse of process; res judicata — interlocutory rulings do not substitute for final judgment; Order 18 Rule 19 (White Book)
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13 May 2024 |
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Whether the deponent had power of attorney to represent the respondents and whether omission to exhibit it vitiates the affidavit.
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Power of attorney — Authority of deponent to swear affidavits — Whether omission to state/exhibit POA is fatal — Affidavit admissibility — Preliminary objection to jurisdictional/representational authority.
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13 May 2024 |
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A claim challenging allocation under a prior consent judgment is barred by res judicata and dismissed as abuse of process.
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Res judicata — consent judgment distributing estate — enforcement of consent judgments versus fresh proceedings — abuse of court process — dismissal and costs.
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13 May 2024 |
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Court granted prohibitory and mandatory interlocutory injunctions to protect lessee’s possession and compel removal of trespassing property.
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Interlocutory injunction — trespass to land — possession and clear right — prohibitory and mandatory injunctions — adequacy of damages — preservation of status quo — conflicting lower court orders.
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9 May 2024 |
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Interim injunction refused where Supreme Court adjudication rendered the core succession issue res judicata.
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Interim injunctions — requirements for grant (American Cyanamid test) — res judicata — effect of prior Supreme Court judgment on subsequent interlocutory relief — chieftaincy succession (matrilineal v patrilineal) — locus/interest of applicant.
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6 May 2024 |
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Driver negligence caused a collision; the vehicle owner/employer held vicariously liable; loss of use and special damages awarded, non-pecuniary claims dismissed.
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Road traffic accident — negligence — duty of care, breach and causation — defective brakes and misjudged clearance distance — vehicle damaged beyond economic repair — vicarious liability of owner/employer — loss of use and special damages awarded; non-pecuniary damages not proven — insurance payout deductible — interest and costs awarded.
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3 May 2024 |