Results.
537 judgments found.
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| December 2024 |
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Whether attestation to revised terms barred claims under earlier severance rules and whether housing allowance must be included in terminal benefits.
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Employment law — variation of contract — consent and acquiescence via attestation — early retirement vs severance — inclusion of housing allowance in terminal benefits — limitation (six‑year) bar to contractual claims.
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26 December 2024 |
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A consent judgment alleged to have been procured by fraud may be challenged in a fresh action; res judicata does not automatically bar such a challenge.
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Civil procedure — abuse of court process; res judicata — limits where judgment procured by fraud; setting aside consent judgment obtained by fraud; fresh action required; particularity and proof of fraud.
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18 December 2024 |
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A re-entry dispute under s13(3) of the Lands Act lies before the Lands Tribunal, not the High Court.
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Lands Act s13(3) — Certificate of re-entry — Jurisdiction — Lands Tribunal is the proper forum; High Court’s jurisdiction in land matters limited by statute; Order 14A application to determine point of law without full trial.
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18 December 2024 |
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The plaintiff's amendments were allowed except the relief directing the Commissioner to subdivide already leased land, which was refused.
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Civil procedure — Amendment of pleadings — Principles for allowing amendments; Competency of relief — Court cannot order the Commissioner of Lands to subdivide land already granted by lease; Cause of action — Allegations of fraudulent acquisition and liability of implicated parties; Costs in the cause; Leave to appeal granted.
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17 December 2024 |
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A claim filed after the six‑year limitation period is statute‑barred and must be dismissed, rendering preliminary pleadings challenges otiose.
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Limitation of actions — six‑year period under Limitation of Actions Act 1939 — statute‑barred claims; limitation may be raised at any stage; striking out pleadings — scandalous/extraneous material — Order 18 Rule 19 (White Book); jurisdictional limits re Legal Practitioners Act complaints.
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17 December 2024 |
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High Court lacks jurisdiction to determine disputes over certificates of re-entry; recourse is to the Lands Tribunal.
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Lands Act s.13(3) — Certificate of re-entry — Jurisdiction — Challenges to re-entry fall within the Lands Tribunal’s exclusive jurisdiction — High Court lacks jurisdiction to determine re-entry disputes.
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17 December 2024 |
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Applicant failed to prove respondents’ medical negligence or regulator’s statutory breach; leave to appeal granted.
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Medical negligence — standard of care (Bolam) — peri‑operative anaphylaxis and CPR management — causation and duty to warn (Chester v Afshar considered but not applied) — weight of expert evidence — regulatory/licensing duty of Health Professions Council — absence of post‑mortem undermining causation.
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10 December 2024 |
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Court invalidated a special resolution and consequent share transfers as void, ordered reversion and equitable compensation with 1st defendant mainly liable.
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Company law — alteration of share capital — validity of resolutions — Companies Act (sections mirroring old s.74/now s.140) — directors’ powers and requirement for member approval — subscription agreements — burden of proof for validity of meetings and resolutions — conversion and allotment of shares — transfers and assignments void for illegality — unjust enrichment and equitable restitution — apportionment of compensation.
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9 December 2024 |
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An arbitral award was set aside because the arbitrator failed to determine the applicant's counterclaim, though delay and other procedural complaints failed.
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Arbitration Act s.17 — setting aside arbitral award; Originating summons procedure — Rule 34 Arbitration (Court Proceedings) Rules; computation of time; service on counsel; arbitrator’s procedural powers post‑hearing; denial of hearing opportunity; failure to decide counterclaim renders award invalid; delay and public policy.
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9 December 2024 |
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The applicant’s ex parte request for a stay of a Registrar directive to change its name was dismissed for lack of good and convincing reasons.
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Companies Act s.341 — appeal against Registrar’s decision — stay of execution — discretionary remedy — requirements for grant of stay (irreparable harm, appeal rendered nugatory) — Order 59 Rule 13 — Nyampala Safaris precedent.
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6 December 2024 |
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Applicant failed to demonstrate high prospects of success to justify a stay of execution of a consent judgment.
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Stay of execution — consent judgment — setting aside consent judgment — applicant must show high prospects of success; Order 3 r.2 HCR; legal representation undermining claim of non-comprehension.
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3 December 2024 |
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Director's Car Policy was contractual; sale price wrongly computed (20% depreciation only) and plaintiff entitled to pro‑rata bonus.
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Employment law — incorporated terms — Director's Car Policy forms part of contract; interpretation of disposal formula (20% depreciation then 25% of residual); management computes sale price, Board approves; entitlement to pro‑rata bonus where employer caused lack of appraisal.
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3 December 2024 |
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Court found irretrievable breakdown due to respondent's unreasonable behaviour and granted a decree nisi, with property settlement referred to Registrar.
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Divorce — Irretrievable breakdown — Unreasonable behaviour (physical assault, failure to provide, prolonged separation) — Section 8 and 9(1)(b) Matrimonial Causes Act — Jurisdiction (domicile/residence; one-year rule) — Objective reasonable person standard — Cumulative conduct — Decree nisi; property settlement referral; costs; leave to appeal.
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3 December 2024 |
| November 2024 |
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Petitioner established irretrievable breakdown from respondent's cumulative unreasonable behaviour; decree nisi granted, property matters referred to Registrar.
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Divorce — irretrievable breakdown — unreasonable behaviour (s.9(1)(b)) — cumulative conduct — denial of conjugal rights; jurisdiction — residence/domicile; proof on balance of probabilities; property settlement referral; costs — each party bears own; leave to appeal granted
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29 November 2024 |
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Default judgment set aside because defendant raised an arguable defence despite an unconvincing explanation for default.
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Civil procedure — setting aside default judgment — primary consideration is an arguable defence on the merits — explanation for default relevant but secondary — seizure under warrant of distress alleged — costs and leave to appeal.
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28 November 2024 |
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Decree nisi granted for two‑year separation; petitioner awarded custody; maintenance and property issues referred to Registrar; costs shared.
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Family law — Divorce — Matrimonial Causes Act s.8 and s.9(1)(d) — Two years' continuous separation as ground for divorce — Decree nisi — Custody awarded to petitioner — Maintenance and property settlement referred to Registrar — Costs each party to bear.
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22 November 2024 |
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Uncontested divorce granted for two years’ separation; petitioner granted custody; property settlement referred to Registrar.
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Family law — Divorce — Matrimonial Causes Act ss.8 and 9(1)(d) — two years’ continuous separation — decree nisi granted; Custody — petitioner awarded custody with respondent access; Property settlement — referred to Registrar where matter uncontested; Costs — each party to bear own costs
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21 November 2024 |
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Court granted an interim injunction restraining defendant's mining and use of plaintiff's titled land pending final determination.
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Interim injunction — trespass to land — registered title as prima facie right — balance of convenience — irreparable injury — Order 27 Rule 1 High Court Rules — unopposed application/service.
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21 November 2024 |
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Divorce granted for five-year separation; petitioner awarded custody; maintenance/property matters referred to Registrar.
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Matrimonial Causes Act — Divorce for irretrievable breakdown — Continuous separation of five years — Decree nisi — Custody of children and access — Maintenance and property settlement referred to Registrar
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19 November 2024 |
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Amendment allowed where new relief arises from the original repudiation claim based on post‑writ events; respondents awarded costs.
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Civil procedure — Amendment of pleadings (Order 18 Rule 1) — Distinction between new cause of action and post‑writ facts giving rise to additional remedies — Prejudice, costs and relation‑back.
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15 November 2024 |
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A legal practitioner may not withhold client judgment funds to satisfy unpaid fees; must render a bill and sue.
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Legal practitioners — withholding client funds — right of lien — prohibited; recovery of fees requires bill, one‑month wait and court proceedings (Order L Rule 2; Legal Practitioners Act); Order 14A RSC used to determine dispositive legal question.
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15 November 2024 |
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Conviction quashed where prosecution relied on inadmissible hearsay and failed to prove procurement and mens rea.
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Criminal law — Procuring execution of documents by false pretences (s.354 Penal Code) — Mens rea and actus reus — Hearsay evidence inadmissible where witness did not personally hear or witness statements or handover — Prima facie case under s.206 Criminal Procedure Code — Conviction on single witness unsafe where evidence is hearsay and uncorroborated.
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15 November 2024 |
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Relitigation of alleged fraudulent land conversion held to be res judicata and an abuse of court process.
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Res judicata — relitigation of land ownership and alleged fraudulent conversion; abuse of court process — multiplicity of litigation; Order 14A Whitebook — determination of questions of law without full trial; onus to prove fraudulent land conversion; injunction discharged.
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4 November 2024 |
| October 2024 |
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Court allowed substitution of defendants sued in representative capacities with newly registered office bearers.
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Civil procedure — alteration of parties — Order 15 Rule 1 High Court Rules; substitution of parties sued in representative capacity; reliance on Registrar of Societies records; unopposed application; costs in the cause.
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30 October 2024 |
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A stay pending appeal requires filed appeal documents and affidavit evidence showing prospects of success and irreparable harm.
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Civil procedure — Stay of execution pending appeal — Requirement to file notice and memorandum of appeal — Applicant must show prospects of success and irreparable harm supported by affidavit evidence — Court may preview appeal prospects but needs proposed grounds of appeal.
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23 October 2024 |
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Decree nisi granted after two-year separation; custody awarded to petitioner; property and maintenance referred for separate determination.
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Matrimonial Causes Act — two-year separation and consent to divorce — decree nisi — custody awarded to petitioner — property settlement and maintenance referred to Deputy Registrar — each party bears own costs.
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23 October 2024 |
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Second Deputy Speaker's declaration of parliamentary vacancies was ultra vires, sub judice and quashed on certiorari.
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Judicial review — ultra vires and Wednesbury unreasonableness — sub judice rule — Speaker's decision-making process — Article 72(5) & (8) — Order of certiorari.
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23 October 2024 |
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The applicants' leave claims are statute-barred; damage claims precluded by the statutory pension enforcement regime.
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Limitation of actions (six-year rule) — breach of statutory duty — statutory remedy under National Pension Scheme Authority Act — Order 14A summary determination — cause of action in employment claims — prerogative of Authority to recover pension contributions.
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14 October 2024 |
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Post-judgment joinder of beneficiaries denied where no appeal/review and applicants slept on their rights; stay and set-aside claims dismissed.
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Joinder post-judgment — jurisdiction to join interested parties pre-hearing (Order 14(5)(1) HCR) — requirement for appeal or review to justify post-judgment joinder — stay of execution (Order 47) — charging orders and enforcement — beneficiaries' notice and laches; multiplicity/abuse of process.
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9 October 2024 |
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An aggrieved bidder must pursue arbitration under the Public Procurement Act; judicial review leave discharged for lack of jurisdiction.
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Public Procurement Act s99—arbitration as statutory remedy for suspension decisions; judicial review—lack of jurisdiction where alternative remedy not exhausted; discharge of leave to apply for judicial review; Court cannot itself refer matter to arbitration absent application.
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9 October 2024 |
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Order 113 summary possession is inappropriate where occupiers assert a genuine competing claim or disputed transaction requiring trial.
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Civil procedure — Order 113 summary possession — Narrow scope; not appropriate where occupier asserts competing ownership or dispute as to sale versus mortgage; contested factual issues require trial; dismissal of originating summons; costs to respondents; leave to appeal.
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7 October 2024 |
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Court held only the Registrar could appoint advocates after the injunction and expunged unauthorized firm's filings.
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Cooperatives law — interlocutory injunction vesting control in Registrar — exclusive power to appoint legal practitioners; admissibility of affidavits — hearsay and personal knowledge requirements; expungement of unauthorized filings; leave to appeal.
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7 October 2024 |
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Whether bail should be reduced despite the applicant's prior elusiveness and significant flight risk.
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Criminal procedure — Bail pending trial — Application to vary bail under s.126(3) — Factors: seriousness of offence, flight risk, prior elusiveness, fixed abode, medical needs — Variation refused; original cash bail upheld.
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3 October 2024 |
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Court refused to pierce the corporate veil under s175 because fraud was not specifically pleaded or proven.
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Company law — Corporate veil — Section 175 Corporate Insolvency Act — Piercing corporate veil requires specific pleading and proof of fraudulent purpose; default judgment/execution difficulties and PACRA search insufficient; disclosure under Banking and Financial Services Act s111(2) denied where veil not pierced.
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3 October 2024 |
| September 2024 |
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Service out of jurisdiction requires prior court leave; process issued without leave was set aside for irregularity.
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Civil procedure — service out of jurisdiction — Order 10 r.16 — leave must be obtained before issuing writ — affidavit requirements — irregularity — originating process set aside.
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30 September 2024 |
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An interlocutory injunction was granted to preserve disputed land where title is contested and damages are inadequate pending trial.
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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.
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30 September 2024 |
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Court dismissed challenge to arbitral procedural ruling, holding it was not an "award" under section 17 and thus not set aside.
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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.
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30 September 2024 |
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An agent who negotiated and concluded a sale with a defective title held liable to refund the applicant; purported seller also liable.
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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.
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26 September 2024 |
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Whether disputed advocate‑own‑client bills under a retainer should be referred to taxation and who bears costs.
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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.
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25 September 2024 |
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Court granted a s.14 vesting order where a subordinate court awarded the house and no evidence of encumbrance existed.
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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.
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25 September 2024 |
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Leave to appeal denied where intended appeal lacked realistic prospects and no compelling reasons justified granting permission.
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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.
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25 September 2024 |
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The court allowed the State to enter appearance out of time due to defective service on the Attorney‑General, varying directions accordingly.
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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.
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25 September 2024 |
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A registered proprietor holding a Certificate of Title is entitled to vacant possession and mesne profits absent proof of fraud.
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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
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24 September 2024 |
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Interlocutory injunction refused and suit dismissed because a Power of Attorney cannot ordinarily confer standing to litigate.
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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.
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23 September 2024 |
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High Court lacked jurisdiction over planning dispute in a statutory improvement area; both claim and counterclaim dismissed for want of jurisdiction.
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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.
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20 September 2024 |
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Leave to appeal and a stay of execution were refused because the proposed grounds lacked realistic prospects of success.
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Civil procedure — Leave to appeal — Applicant must show realistic prospects of success; Stay of execution — not automatic pending appeal; applications on affidavit permitted.
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20 September 2024 |
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Ex-parte interim injunction granted to restrain construction pending inter-parte hearing; title and irreparable harm justified relief.
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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.
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16 September 2024 |
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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.
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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.
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14 September 2024 |
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Interlocutory injunction to halt church inductions dismissed for failure to show irreparable harm; balance of convenience favors defendants.
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Interlocutory injunction — preservation of status quo — irreparable harm — balance of convenience — internal church elections and governance — admissibility of constitutional provisions in affidavits.
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14 September 2024 |
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Stay of proceedings refused where no special circumstances and set-aside application lacked reasonable prospects due to delay.
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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.
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12 September 2024 |