Results.
537 judgments found.
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| September 2025 |
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A failed defence and personal circumstances did not reduce moral blameworthiness; life sentences imposed for murder.
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Penal Code s.201 — murder sentencing — extenuating circumstances defined as facts diminishing moral blameworthiness — failed defence/mistake of fact not automatically mitigating — deliberate violence, abandonment and concealment preclude mitigation — life imprisonment imposed.
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9 September 2025 |
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8 September 2025 |
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Court found fraud exception tolled limitation, dismissed jurisdictional plea, and converted originating summons to writ for trial.
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Limitation Act (1939) — Sections 4(3), 19(1) and 20 — fraud/mistake postpones start of limitation; pleading fraud — distinct factual allegations suffice without literal use of the word; probate procedure — originating summons inappropriate for highly contentious fraud allegations; court's discretion to convert originating summons to writ under procedural rules; administrators' duty to render accounts.
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5 September 2025 |
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Acquittal where prosecution failed to prove causation or malice and investigative/forensic failures undermined the circumstantial case.
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Criminal law — Murder: elements of causation, unlawful act and malice aforethought; Circumstantial evidence—necessity for cogency and exclusion of reasonable alternatives; Forensic evidence and police duty—timely post‑mortem, production of exhibits and DNA results; Dereliction of investigative duty can operate in favour of the accused.
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4 September 2025 |
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Circumstantial evidence and the accused's admission suffice to convict for vandalism; duplicative malicious-damage count dismissed.
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Criminal law — Vandalism (s341D Penal Code) — Circumstantial evidence — Accused's admissions as corroboration — Duplicity in indictment — Malicious-damage count defective.
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3 September 2025 |
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The court admitted the victim’s spontaneous statements as res gestae, rejected an uncorroborated alibi, and convicted the accused of murder.
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Criminal law — Murder — elements: causation and malice aforethought; Res gestae — admissibility of victim’s spontaneous statements; Credibility of relatives’ witnesses; Alibi — requirement for particulars and corroboration; Forensic pathology — cause of death from sharp and blunt trauma.
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3 September 2025 |
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Forfeiture of recognizance requires hearing; conflating contempt and detaining paid sureties is unlawful.
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Criminal procedure — Forfeiture of recognizance (s.131 CPC) — Surety's right to be informed and heard — Distinction between forfeiture and contempt — Jurisdiction to detain where recognizance paid — High Court supervisory review (s.337–338 CPC; Subordinate Courts Act s.54).
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2 September 2025 |
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High Court lacked jurisdiction to challenge a Subordinate Court warrant of seizure; the issuing court must be approached first.
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Warrant of seizure — court order remains in force until set aside by issuing court — jurisdiction; Comity of courts — a court should not determine matters actively before another court; Constitutional challenge to subordinate court orders — must be initiated in issuing court; Locus standi and mode of commencement (not determined as otiose); Order 2 Rule 2 and Order 33 Rule 7 (White Book).
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2 September 2025 |
| August 2025 |
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Proceedings against a company in provisional liquidation commenced without leave were set aside for irregularity; costs awarded.
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Corporate insolvency — s.66 Corporate Insolvency Act — mandatory leave required to commence proceedings against a company in liquidation — irregularity and setting aside; stay pending leave; constructive notice via documents copied to provisional liquidator; affidavit extraneous matter and expunction (Order 5 r.15).
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27 August 2025 |
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A beneficiary lacks locus standi to sue third parties over estate property without joining the estate's administrator.
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27 August 2025 |
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A misnaming in the memorandum is curable by amendment, but speculative defences lacking factual basis must be amended or struck out.
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Civil procedure — pleadings — Memorandum of Appearance misnaming — irregularity curable by amendment; Pleadings must state material facts — speculative denials ("could have been", "could have contributed") are defective and must plead factual basis or be struck out.
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27 August 2025 |
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27 August 2025 |
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Employment found to commence 1 Jan 2019; dismissals procedurally unfair; awards include one month's salary and prorated 25% gratuity.
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26 August 2025 |
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Failure to file the mandatory letter of demand under Order VI rendered the originating process incompetent and warranted dismissal.
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High Court Rules (Order VI r1(d)) — mandatory letter of demand — non-compliance renders writ incompetent; Civil procedure — preliminary issues under Order 14A/Order 33; Jurisdiction/irregularity — substance over form; Res judicata/abuse of process (not determined).
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19 August 2025 |
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Delayed pension payments breached Article 189; Defendant must re-compute and pay differences, arrears, allowances and interest.
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Constitutional law — Article 189 — prompt payment of pension benefits and retention on payroll; Public service — Circular B25/2013 — notching/harmonisation, job evaluation and re-grading; Remedies — re-computation of pension lump sums, payment of arrears and interest; unjust enrichment — refusal to reinstate on payroll where arrears awarded.
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18 August 2025 |
| July 2025 |
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The applicant proved irretrievable breakdown under Section 9(1)(b) due to the respondent's conduct, and a Decree Nisi was granted.
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Divorce — irretrievable breakdown — Section 9(1)(b) behaviour; evidence by text messages; undisclosed property acquisitions; false DV application declaration; burden on petitioner — balance of probabilities; ancillary reliefs referred to mediation.
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25 July 2025 |
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Court granted a receiving order where the respondent failed to comply with a bankruptcy notice and statutory prerequisites were met.
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Bankruptcy law — Creditor's petition — Receiving order — Final unsatisfied judgment — Service and substituted service — Act of bankruptcy (s.3(1)(g)) — Failure to comply with bankruptcy notice — Court may proceed in respondent's absence.
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24 July 2025 |
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Appellant’s claim for conveyancing fees dismissed because non‑solicitor carried out mandated conveyancing acts, rendering the contract illegal.
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Contract law — Illegality — Section 90 Lands and Deeds Registry Act — Unauthorized person performing conveyancing for reward; Agency law — entitlement to remuneration; Subordinate Court summary procedure — court's duty to address illegality.
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23 July 2025 |
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Court confirmed Mareva injunction extended to third‑party assets (Chabra jurisdiction) subject to plaintiffs' undertaking as to damages.
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Civil procedure — Mareva (freezing) injunction; requirements: good arguable case, assets in jurisdiction, real risk of dissipation; extension to third-party assets (Chabra jurisdiction); undertaking as to damages; interlocutory relief.
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22 July 2025 |
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Convictions for possession of a pangolin were quashed where prosecution failed to prove knowledge, possession, or the alleged phone call.
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Wildlife law — unlawful possession of protected animal (pangolin) — possession requires knowledge and control (Penal Code s.4) — burden on prosecution — failure to produce phone/provider evidence by police — dereliction of duty — appellate reversal of trial facts where relevant police evidence withheld.
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14 July 2025 |
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Interim restraint refused where defendant intends to plead justification and applicant failed to identify specific defamatory words or persons.
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Civil procedure — interlocutory injunction — prior restraint on publication — defamation — requirement to identify specific words and persons — defence of justification/fair comment — public interest in free speech.
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14 July 2025 |
| June 2025 |
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24 June 2025 |
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The applicant's resignation did not amount to constructive dismissal; disciplinary action did not fundamentally breach the employment contract.
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Employment law — Constructive dismissal — three‑part test (resignation, fundamental breach, prompt action) — disciplinary process — unauthorised absence vs refusal to obey lawful instructions — internal remedies and PIP regularisation — high threshold for constructive dismissal.
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23 June 2025 |
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Non-compliance with Companies Act procedures rendered the director removal and share forfeiture void; plaintiff restored and entitled to account.
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Companies Act s98 — removal of directors — mandatory notice and procedural safeguards; Calls on shares and forfeiture — requirement for board/shareholder resolution under articles and s148; Right of director/shareholder to inspect company records and to dividends (s159); Allegations of fraud require higher standard of proof; Loan largely settled — entitlement to reserved plot.
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19 June 2025 |
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Termination unlawful where respondent failed to specify or substantiate valid reasons connected to conduct or operational requirements.
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Employment law — termination — Section 36(3) Employment Act — employer must give and prove valid reason connected to capacity, conduct or bona fide operational requirements — employer bears evidential burden — disciplinary procedure where misconduct alleged — damages for wrongful termination.
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19 June 2025 |
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Requirement to seek DEC permission and confiscation of passport unlawfully restricted the applicant's freedom of movement; presentation to court ordered.
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Constitutional law — freedom of movement and passport seizure — police bond conditions; right to fair hearing within a reasonable time (Article 18(1)); limits on administrative restrictions pending criminal investigations.
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17 June 2025 |
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Circumstantial evidence and investigative failures meant murder was not proved beyond reasonable doubt; accused acquitted.
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Criminal law — Murder — Circumstantial evidence and burden of proof beyond reasonable doubt — Res gestae admissible but not determinative — Investigative duty to conduct forensic examination (fingerprints on weapon) — Failure to investigate possible third‑party intruder operates in favour of accused — Where multiple inferences possible, adopt inference favourable to accused.
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16 June 2025 |
| May 2025 |
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A clerical error in a writ's cause number does not void enforcement of a registered arbitral award absent a court-ordered stay.
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Arbitration enforcement — registered arbitral award — execution by writ of fieri facias — incorrect cause number is irregularity not nullity — pending challenge does not bar enforcement absent stay — remedy is regularisation of writ.
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27 May 2025 |
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Applicant's review refused: absence of counsel and no fresh evidence insufficient; failure to serve demand letter fatal.
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Civil procedure — Review under Order 39 — two-stage discretion; Absence of counsel — sufficiency of excuse; Order VI — failure to serve letter of demand fatal; Order 35 — effect of non-appearance.
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22 May 2025 |
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Application to review a res judicata ruling dismissed for wrong procedural basis and absence of fresh evidence.
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Civil procedure — Review of judgment — Proper procedure: Order XXXIX (review) not Order XXXIV; requirement of fresh evidence for review; res judicata; appeal as proper remedy for challenging prior judgment.
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21 May 2025 |
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An interested party's joinder application dismissed for lack of locus standi; costs awarded to the plaintiff.
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Civil procedure — Joinder of interested party — Order 14 Rule 5 High Court Rules — locus standi of proposed joiner — prevention of multiplicity of actions and inconsistent decisions — joinder refused for lack of sustainable interest.
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20 May 2025 |
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Court set aside writ of possession, recognising assignees' right to redeem where debt paid into court and no judicial foreclosure existed.
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Equitable mortgage — no power of sale without court foreclosure; writ of possession — set aside where equity of redemption survives and judgment debt paid into court; competence of assignees/beneficial owners to seek redemption; amended affidavit—caption amendment permissible where no prejudice; equitable jurisdiction to suspend possession and permit redemption.
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16 May 2025 |
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Fresh action to vary a consent judgment was barred by res judicata; court may set aside, not vary, consent orders.
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Civil procedure — Res judicata and multiplicity of actions — Challenge to consent judgment — Whether fresh action may seek variation vs setting aside — Abuse of court process; setting aside consent orders for mistake, fraud or misrepresentation.
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16 May 2025 |
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Application to stay proceedings refused; defendants failed to show special circumstances and appeal lacked prospects.
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15 May 2025 |
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Witness statements must contain only facts within personal knowledge; opinions, conclusions and hearsay are expunged.
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Evidence — witness statements — must be confined to facts within personal knowledge; no opinions, conclusions, legal argument or hearsay (Order 38/2A/7); objections to evidence to be made when evidence is offered (Order 5 Rule 21).
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15 May 2025 |
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Court ordered sale of charged properties under Order 88 and held post-judgment interest recoverable.
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Charging order — enforcement by sale under Order 88 — affidavit and disclosure requirements — post-judgment interest recoverable under Judgments Act s.2 — sale by Sheriff — costs taxed — leave to appeal.
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14 May 2025 |
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Unregistered third‑party mortgage treated as equitable; unenforceable against mortgagor absent independent advice; compound interest disallowed.
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Property law — Mortgages — Unregistered third‑party mortgage — Equitable mortgage only and limits on remedies
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Civil procedure — Jurisdiction — Arbitration clause — Inoperative where mortgagor is not party to arbitration agreement
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Contract/Banking — Interest — Compound interest requires express agreement; debt to be recalculated on simple interest
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14 May 2025 |
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Whether to restrain a caretaker from acting as Senior Chief pending a contested customary chieftaincy determination.
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Interlocutory injunction — American Cyanamid principles — serious question to be tried; balance of convenience and status quo — customary chieftaincy succession — joinder under Order 14 Rule 5.
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13 May 2025 |
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Possession of stolen property and failure to satisfactorily explain it led to conviction for aggravated robbery.
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Criminal law — Aggravated robbery — Elements: theft, contemporaneous use or threat of violence, and possession; evidential burden to explain possession; failure to call corroborating witness renders explanation an afterthought.
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13 May 2025 |
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Unreliable audio/CCTV timestamps and lack of voice identification undermine convictions for theft and destroying a missing court record.
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12 May 2025 |
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The applicant proved entitlement to specific performance; the respondent was ordered to complete conveyance of the six hectares.
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Specific performance — sale of land — uniqueness of land — damages inadequate — burden of proof on plaintiff despite respondent's non‑appearance — administrator of estate ordered to complete conveyance.
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12 May 2025 |
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Applicant may commence bankruptcy proceedings without first exhausting other execution methods; Official Receiver appointed as interim receiver.
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Bankruptcy — enforcement of money judgments — Order 45 (no hierarchy of execution methods) — act of bankruptcy under s.3(1)(g) — failure to comply with bankruptcy notice — appointment of Official Receiver as interim receiver
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12 May 2025 |
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Bank failed to notify customer of account dormancy/closure; plaintiff failed to prove alleged 15% monthly investment terms.
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Banking law — account characterization (transactional vs investment) — burden of proof on terms of account; banker’s duty to notify customer of dormancy/closure; statutory retention of bank records; nominal damages for negligent failure to inform.
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12 May 2025 |
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Whether the accused's drunkenness or provocation amounted to extenuating circumstances negating malice aforethought.
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Criminal law — Murder — Elements: actus reus and mens rea — Eyewitness credibility and forensic (postmortem) evidence — Extenuating circumstances (drunkenness/provocation) under section 201(1) — Conviction where evidence excludes diminished responsibility.
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9 May 2025 |
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Application to dismiss for want of prosecution fails where ongoing interlocutory activity and efforts to comply are shown.
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Civil procedure — Dismissal for want of prosecution — O
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LIII R.10(10) HCR — meaning of 'no progress' after filing — interlocutory activity and compliance efforts bar dismissal — costs awarded
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8 May 2025 |
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Court entered judgment on admission for unpaid car‑hire sum after finding the defendant’s letter a clear, unequivocal admission.
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Civil procedure — Judgment on admission — Order 21 r 6 High Court Rules / Order 27 r 3 RSC — Admission must be clear and unequivocal — Assessment of quantum by Deputy Registrar — Interest and costs — Non-admitted issues reserved for trial.
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7 May 2025 |
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6 May 2025 |
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Section 175(1) cannot be used to sue directors personally in initial proceedings; personal claims struck out for irregularity.
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Corporate Insolvency Act s175(1) — scope and procedure; piercing corporate veil; separate legal personality; irregular commencement and waiver; striking out personal claims for irregularity.
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6 May 2025 |
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Non-parties cannot raise a preliminary objection; prior involvement or erroneous service does not confer locus standi.
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Civil procedure — locus standi — preliminary objection by non-parties — distinct actions — prior-party status does not confer defendant status in a new action — erroneous service does not create party status.
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6 May 2025 |
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Out‑of‑time review dismissed for inordinate delay and failure to comply with Order 39 Rule 2; leave to appeal granted.
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Civil procedure — Review of judgment on assessment — Order 39 Rule 2 (High Court Rules) — 14‑day time limit — Out‑of‑time applications require special leave — Article 118(2)(e) Constitution does not excuse non‑compliance with mandatory procedural rules — Inordinate delay and absence of explanation justify dismissal.
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6 May 2025 |