Results.
18 judgments found.
|
|
|
| September 2024 |
|
|
Service out of jurisdiction requires prior court leave; process issued without leave was set aside for irregularity.
-
Civil procedure — service out of jurisdiction — Order 10 r.16 — leave must be obtained before issuing writ — affidavit requirements — irregularity — originating process set aside.
|
30 September 2024 |
|
An interlocutory injunction was granted to preserve disputed land where title is contested and damages are inadequate pending trial.
-
Interlocutory injunctions — serious question to be tried — adequacy of damages — balance of convenience — preservation of status quo — disputed customary/statutory land and competing title allegations — certificate of title versus allegations of fraud.
|
30 September 2024 |
|
Court dismissed challenge to arbitral procedural ruling, holding it was not an "award" under section 17 and thus not set aside.
-
Arbitration — Procedural orders v. awards — Definition of "award" (Arbitration Act s.2) — Limited court intervention — Setting aside under s.17 — Finality/functus officio — Public policy and misrepresentation raised but not reached where ruling is procedural.
|
30 September 2024 |
|
An agent who negotiated and concluded a sale with a defective title held liable to refund the applicant; purported seller also liable.
-
Property law — sale of land — forged/defective certificate of title — agency — agent liability despite naming principal — restitution and unjust enrichment — recovery of mistaken payments — interest and costs.
|
26 September 2024 |
|
Whether disputed advocate‑own‑client bills under a retainer should be referred to taxation and who bears costs.
-
Taxation of bills — Retainer agreement — Advocate‑own‑client bills — Order 50 Rule 4 High Court Rules — Whether practitioner acted without instructions — Referral to taxation — Costs awarded.
|
25 September 2024 |
|
Court granted a s.14 vesting order where a subordinate court awarded the house and no evidence of encumbrance existed.
-
High Court Act s.14 — Vesting orders to pass legal title in lieu of conveyance; enforcement of subordinate court property awards; absence of evidence of mortgage/encumbrance; Registrar empowered to execute documents to effect vesting.
|
25 September 2024 |
|
Leave to appeal denied where intended appeal lacked realistic prospects and no compelling reasons justified granting permission.
-
Civil procedure — Leave to appeal — Court of Appeal Rules Order 10 Rule 4 — Test for leave: realistic prospects of success and compelling reasons — Joinder application appeal — Improper merits argument at leave stage.
|
25 September 2024 |
|
The court allowed the State to enter appearance out of time due to defective service on the Attorney‑General, varying directions accordingly.
-
Civil procedure — Extension of time to enter appearance and file defence — Court’s discretion under High Court Rules Order 2 r.2 and Order 3 r.2 — Service on the State — Section 13 State Proceedings Act — Effect of defective service on close of pleadings — Variation of directions and timetable.
|
25 September 2024 |
|
A registered proprietor holding a Certificate of Title is entitled to vacant possession and mesne profits absent proof of fraud.
-
Property law — Contract of sale versus loan — Effect and conclusiveness of Certificate of Title (Lands and Deeds Registry Act) — Right to vacant possession — Recovery of mesne profits — Proceeding in absence of defendants under civil procedure rules
|
24 September 2024 |
|
Interlocutory injunction refused and suit dismissed because a Power of Attorney cannot ordinarily confer standing to litigate.
-
Civil procedure — interlocutory injunctions — requirements of arguable case, irreparable injury and balance of convenience; Standing — inability to conduct litigation by Power of Attorney; necessity of principal’s personal availability; court’s power to determine parties for interlocutory relief.
|
23 September 2024 |
|
High Court lacked jurisdiction over planning dispute in a statutory improvement area; both claim and counterclaim dismissed for want of jurisdiction.
-
Jurisdiction — Urban and Regional Planning Act — Statutory Improvement Areas: Subordinate Court is court of first instance; res judicata and abuse of process bar re‑litigation; demolition/enforcement under planning law; counterclaim independent but constrained by prior proceedings.
|
20 September 2024 |
|
Leave to appeal and a stay of execution were refused because the proposed grounds lacked realistic prospects of success.
-
Civil procedure — Leave to appeal — Applicant must show realistic prospects of success; Stay of execution — not automatic pending appeal; applications on affidavit permitted.
|
20 September 2024 |
|
Ex-parte interim injunction granted to restrain construction pending inter-parte hearing; title and irreparable harm justified relief.
-
Interim prohibitory injunction — ex parte application — certificate of title as evidence of ownership — American Cyanamid principles: serious question, adequacy of damages, balance of convenience — preservation of status quo — costs in the cause — leave to appeal granted.
|
16 September 2024 |
|
A 'without prejudice' label does not automatically bar a document from evidence; privilege requires genuine settlement negotiations and may be forfeited by failure to object during discovery.
-
Evidence — Without prejudice communications — Heading alone not conclusive — Court must examine document to determine if privilege applies — Privilege only where negotiations/offers to settle exist — Waiver by failure to object during discovery/orders for directions.
|
14 September 2024 |
|
Interlocutory injunction to halt church inductions dismissed for failure to show irreparable harm; balance of convenience favors defendants.
-
Interlocutory injunction — preservation of status quo — irreparable harm — balance of convenience — internal church elections and governance — admissibility of constitutional provisions in affidavits.
|
14 September 2024 |
|
Stay of proceedings refused where no special circumstances and set-aside application lacked reasonable prospects due to delay.
-
Civil procedure — interlocutory relief — stay of proceedings under Order III Rule 2 High Court Act — exceptional circumstances required — stay refused where no real risk of conflicting decisions and set-aside application lacking prospects due to admission of liability and undue delay.
|
12 September 2024 |
|
A stay pending payment of costs requires a prior court order awarding costs; absent it, the applicant's stay is declined.
|
6 September 2024 |
|
Stay dismissed; court held senior counsel may claim reasonable costs despite SI No.6 lacuna and granted leave to appeal.
-
Costs — Legal Practitioners (Costs) Order SI No.6 of 2017 — Part III omission for practitioners ≥15 years — senior counsel entitled to reasonable, proportionate costs on a scale as near as possible to Part III — stay of execution requires an enforceable remedy — leave to appeal granted.
|
1 September 2024 |