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Citation
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Judgment date
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| September 2023 |
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Court granted leave to appeal out of time, stressing sufficient cause, promptness and that ex curia talks do not stop time.
Civil procedure – leave to appeal out of time; sufficient cause; discretion; ex curia discussions do not stop time; promptness and prejudice; Article 118(2)(e) not a procedural shield.
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1 September 2023 |
| August 2023 |
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Disciplinary findings of misapplication of client funds justified striking the respondent off the Roll to protect public confidence.
Legal Practitioners Act – professional misconduct – misapplication/misappropriation of client funds – co-mingling – admissibility of foreign complaint letter – requirement (and absence) of accountant's report – disciplinary sanction: striking off.
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28 August 2023 |
| July 2023 |
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Redundancy lawfully effected; statutory minimum paid due to employer insolvency; complaint dismissed; each party bears own costs.
Employment law — Redundancy (s.55 Employment Code Act) — Collective recognition agreement and negotiation obligations — Consultation and genuine engagement — Proof of payment and burden of evidence — Employer financial incapacity/Bank of Zambia findings.
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25 July 2023 |
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Challenge to a termination notice falls under the Business Premises Act, but alternative claims requiring a writ preserve the Writ of Summons.
Landlord and Tenant (Business Premises) Act – mode of commencement; Originating Notice of Motion v Writ of Summons; challenge to notice to terminate under Sections 4–5; Order 14A (determination of question of law without full trial); Order 33(3) (triable issues); alternative remedies outside the Act; jurisdiction and competence of process.
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12 July 2023 |
| June 2023 |
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Court rejected remorse and youth mitigation, imposing life and lengthy concurrent and consecutive sentences for sustained abduction and rape.
Sentencing hearing; remorse and genuine contrition; youth and drug history as mitigation; gender-based violence; seriousness of prolonged abduction and continuous rape; concurrent vs consecutive sentences; imposition of life imprisonment for aggravated rape.
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29 June 2023 |
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A legal practitioner’s failure to account client funds justified striking off; later reconciliation did not prevent discipline.
Legal practitioners – Professional misconduct – Failure to account for client funds – Service and notice to practitioner – Substituted service – Reconciliation not a bar to disciplinary sanction – Striking off roll.
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16 June 2023 |
| May 2023 |
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Failure to serve a Section 13 notice of intention to re-enter rendered the council's repossession and reallocation invalid.
Property law – lands re-entry and repossession – Section 13 Lands Act – requirement to serve notice of intention to cause certificate of re-entry and afford three months to make representations – service by registered post – invalidity of re-entry without compliance; reliefs including cancellation of allocation, direction to effect transfer swap, and assessment of improvements to prevent unjust enrichment.
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29 May 2023 |
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Claim of constructive/unfair dismissal failed: plaintiff never resigned and lacked evidence to prove emoluments or statutory termination.
Employment law – constructive dismissal requires resignation or notice in response to employer's repudiation; suspension is not termination – unfair dismissal requires statutory breach – courts should not award pay for unworked suspension periods without conditions of service (risk of unjust enrichment) – court-ordered termination subject to statutory referral procedures – interlocutory relief under Order 3 Rule 2 requires an enabling provision.
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23 May 2023 |
| April 2023 |
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Written sale with buy-back option, not a loan; plaintiff failed to prove repayment, specific performance and damages awarded to defendant; repayment ordered net of damages.
Property law – contract of sale with buy-back option – interpretation of written agreements; inadmissibility of extrinsic evidence to contradict clear contract terms; caveat and remedy under Lands and Deeds Registry Act; specific performance for contracts of land; unjust enrichment and repayment of monies paid towards a buy-back.
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21 April 2023 |
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Court held the parties executed a sale with a buy-back option, not a loan, denying caveat removal and granting specific performance.
Property law – contract of sale with buy-back option vs. secured loan; construction of written agreements; admissibility of extrinsic evidence; caveat removal; specific performance; assessment of redemption/extension charges.
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21 April 2023 |
| March 2023 |
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Contract suspension under an express clause upheld; plaintiff failed to prove claimed losses; defendant's K12,792 counterclaim succeeds.
Contract law – distributorship – suspension versus termination – clause permitting suspension for non-payment; civil burden of proof – claimant must prove special losses with transaction-specific evidence; weight of reconciliation documents and unsigned communications; counterclaim established by final reconciliation.
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29 March 2023 |
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21 March 2023 |
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Committee’s annulment of all elections using unadopted draft rules and without hearing affected persons was unlawful and quashed.
Administrative law – judicial review – internal disciplinary/electoral bodies – amenability to review (Datafin) – excess of jurisdiction – use of unpromulgated draft rules – breach of natural justice – Wednesbury unreasonableness.
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6 March 2023 |
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Plaintiff's premature rescission barred specific performance; deposit refundable; defendant awarded nominal damages and assessed legal fees.
Contract law – rescission and anticipatory breach – premature rescission bars specific performance; withholding deposits and unilateral deductions require contractual authority or judicial determination – damages and legal fees recoverable but must be proved/assessed.
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6 March 2023 |
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Whether the applicant's challenge to a public body's suspension must proceed by judicial review with leave or by writ.
Administrative law — Judicial review v. ordinary civil action; leave requirement (Order 53); Order 14A and Order 33 (preliminary issues/strike out); declarations and damages; procedural impropriety, illegality, irrationality; when full trial/viva voce evidence is required.
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4 March 2023 |
| February 2023 |
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Leave to appeal granted; stay refused because the judgment did not grant an enforceable remedy and the arbitral award was not stayable; writ of fieri facias set aside.
Arbitration: leave to appeal; stay of execution — judgment dismissing challenge to arbitral award not stayable; arbitral awards become enforceable as court orders once set-aside period expires or application refused; courts lack jurisdiction to stay awards they did not render; registration and enforcement of awards to be pursued in same court/process; irregular writ of fieri facias set aside.
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28 February 2023 |
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Summary determination under Order 14A refused where disputed oral loan, certificate status and vehicle sale issues required a full trial.
Procedure — Order 14A (summary determination) — procedural prerequisites and suitability for determination; Contract law — enforceability of oral money‑lender agreements post Money Lenders Act; Security v sale — whether vehicle sale was collateral; Interest — validity of 30% per month; Evidence — disputes of fact require full trial.
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22 February 2023 |
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Whether Cabinet Circular No.3/2001 binds statutory bodies and entitles seconded civil servants to equivalent employment terms.
Administrative law – Cabinet Office Circulars – binding effect on statutory bodies; Employment/contract law – secondment – clause 2(g) interpretation; Remedies – assessment of back pay, interest and costs.
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21 February 2023 |
| January 2023 |
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Whether pre-renewal appraisal or vacation leave created implied contractual rights or a legitimate expectation of renewal.
Employment law – fixed-term contract renewal – implied terms from established workplace practice – business efficacy test; legitimate expectation – vacation leave and contract termination date; enforceability of grievance procedure post-termination; remedies for non-renewal.
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23 January 2023 |
| December 2022 |
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A contractual forfeiture and registered assignment effected a conveyance, not an equitable mortgage; applicant entitled to the property, monetary and damages claims dismissed.
Contract law – Investment agreement with deposited title and registered deed of assignment – Forfeiture/registered assignment clause creates conveyance/sale, not an equitable mortgage – Enforcement of express contractual conveyance – Claim for damages requires proof on balance of probabilities.
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30 December 2022 |
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Applicant failed to prove unfair dismissal where respondent reasonably investigated and followed disciplinary procedure.
Employment law – Unfair dismissal – Burden of proof on balance of probabilities; Employer's reasonable belief and disciplinary procedures; Sufficiency of evidence (documentary proof of deposits).
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30 December 2022 |
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Tender and licence invitations were quashed as ultra vires because the statutory Wildlife Management Licensing Committee had not been constituted.
:[
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20 December 2022 |
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Court revoked respondent's grant obtained on an untrue belief, ordered accounts, identified dependants and directed Administrator-General to administer estate.
Intestate succession – Letters of administration – Revocation where grant rests on untrue statement in ignorance (s.29(1)(c)) – Fraud allegation requires distinct pleading and higher standard – Definition and entitlement of "child" and "dependant" under Intestate Succession Act – Administrator-General appointment and duties – Surviving spouse's right to select devolving house.
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16 December 2022 |
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A niece is a 'near relative' under the Intestate Succession Act; estate shares and certain properties must be valued, preserved and distributed under s.7(f).
Succession law – Intestate succession – Meaning of 'near relative' and 'remoter descendant' – Niece held a 'near relative' entitled under s.7(f) where deceased leaves spouse but no children/parents/dependants; company shares as personal estate property; matrimonial home confers a life interest to surviving spouse; injunction and valuation for distribution ordered.
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7 December 2022 |
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A niece is a 'near relative' under the Intestate Succession Act; spouse holds only a life interest in the matrimonial home.
Intestate succession – meaning of 'near relative' and 'remoter descendant' – nieces and nephews fall within remoter descendants; Company law – shares as personal property and part of deceased's estate; Matrimonial home – surviving spouse has life interest determinable on death/remarriage; Originating summons jurisdiction (Order XXX Rule 12) – valuation, sale and distribution of estate assets; Interim injunction to restrain disposal by administrator.
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7 December 2022 |
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A niece qualifies as a 'near relative' under the Intestate Succession Act; estate shares/property to be valued and proceeds distributed per s7(f).
Intestate succession – 'near relative' and 'remoter descendant' – niece included as beneficiary; Shares as personal property – company ownership and indirect shareholder interest; Matrimonial home – surviving spouse's life interest not absolute; Injunction restraining disposal of estate assets; Valuation and sale of estate assets and distribution under s7(f).
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7 December 2022 |
| November 2022 |
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Applicants entitled to specific performance for a 5‑acre sale; caveat rendered later titles irregular; no damages awarded.
Land law – sale of land – offer letter and advertisement as extrinsic evidence of agreed acreage; agency/ostensible authority; caveat effect on subsequent registrations; limitation (12 years); remedy of specific performance; damages denied for lack of purchaser due diligence.
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25 November 2022 |
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Applicant entitled to sale to enforce Charging Order but court ordered fresh government valuation before sale.
Civil procedure — Enforcement of Charging Order Absolute by sale — Requirements of Order 88 r.5A(2) (identification of charge, outstanding sums, verification of title, prior incumbrancers, proposals and estimates supported by valuation) — Adequacy and currency of valuation — Discretion as to appointment of receiver — Typographical errors not necessarily fatal where correct exhibits lodged.
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18 November 2022 |
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Trust transfers made after knowledge of impending divorce may be disregarded; assets can remain matrimonial property and be shared.
Family law — Matrimonial property — Transfers into trusts or corporate vehicles — Transfers made after notice of impending divorce may be regarded as mala fide to defeat property claims; such assets may be treated as matrimonial property; doctrine of stare decisis (Chibwe v Chibwe) applies — Joinder/striking out of parties under Subordinate Court Rules.
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14 November 2022 |
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The accused coxswain's decision to take the boat into deep water with swimmers aboard constituted manslaughter; crew acquitted.
Criminal law – Manslaughter – unlawful act manslaughter – dangerous and foreseeable act; Negligence – gross negligence by vessel master; Inland Waters and Shipping Act – duty to secure safety of persons on board; Burden of proof – prosecution to prove guilt beyond reasonable doubt; Evidence – weight of eyewitness (relative) and investigatory report; Contributory negligence – not a defence to manslaughter, only mitigation.
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14 November 2022 |
| October 2022 |
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26 October 2022 |
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Whether an earlier action challenging a consent judgment constitutes abuse, and whether it can be consolidated with a concluded suit.
Civil procedure - Abuse of court process and multiplicity of actions; Consent judgments - scope of an action to set aside consent judgment; Consolidation - prerequisite that target matters be pending; Remedy of review where joined post-judgment.
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14 October 2022 |
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Whether a written sale with a buy‑back option was in substance an equitable mortgage entitling the applicant to redeem.
Characterisation of transaction — sale versus equitable mortgage; objective interpretation of written contract; buy‑back/option clauses; right to redeem; entitlement to vacant possession; enforcement of freely entered contracts.
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10 October 2022 |
| September 2022 |
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A certificate of title is conclusive; the applicant entitled to vacant possession and eviction against the respondent.
Land law — Certificate of title conclusive evidence of ownership (absent fraud); Originating summons (Order 30 Rule 11) appropriate for questions arising from written instruments; vacant possession and eviction where transferee refuses to vacate; service of process and default.
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30 September 2022 |
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Court declines to vary a will under Section 20 Wills Act where testator’s reasons and lack of evidence justify dispositions.
:[
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28 September 2022 |
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Petitioner shareholder’s winding-up petition granted: respondent unable to pay debts and membership reduced below two, costs awarded.
Company law — Winding-up by court — Member’s petition under s.56; Service and advertisement compliance; Insolvency — ‘unable to pay debts as they fall due’ (s.57(3)(c)) and solvency test (s.57(4)); Balance-sheet and cash-flow considerations; Insufficient proof of specific trade and statutory debts; Reduction of members below two (s.57(1)(d)) — proper ground for winding-up.
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27 September 2022 |
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Appeal dismissed: late venue objection waived after filing pleadings and taking fresh steps; matter remitted for trial.
Civil procedure — Subordinate Courts — Order XIV Rule 1(c) — Place of trial for ‘other suits’ — Jurisdictional objection must be raised before or when required to answer/plead — Waiver by filing pleadings or taking fresh steps (payments into court) — Appeal dismissed; matter remitted for trial.
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15 September 2022 |
| August 2022 |
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Plaintiff failed to prove an enforceable insurance contract and unpaid premiums; inadequate evidence led to dismissal.
Insurance law — General insurance — Section 76 Insurance Act 1997 — Premium unpaid — contract inoperable after 30 days or agreed period; Evidence — requirement of witness personal knowledge — weight of unsubstantiated witness statement; Burden of proof — plaintiff must prove contract and liability on balance of probabilities; Failure to produce policy documents — claim dismissed.
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25 August 2022 |
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Money-Lenders Act prohibits compound interest; plaintiff awarded principal with simple interest and may enforce vehicle pledge if unpaid.
Money-Lenders Act s.10 – clause charging compound interest void; pleadings – O. LIII r.6 deemed admissions for untraversed allegations; admissibility of unpleaded security evidence where not objected to; remedies — award of principal, simple interest, enforcement of pledged vehicle.
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10 August 2022 |
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Plaintiff proved fraudulent land transfers; court cancelled titles, set aside mediation settlement, and declared expulsion null and void.
Land law — Fraudulent execution of deeds of gift — Challenge and cancellation of certificates of title under Lands and Deeds Registry Act — Mediation consent settlement set aside where settlement was tainted by fraud — Authority of legal representative in mediation — Nullity of trustee expulsion.
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4 August 2022 |
| July 2022 |
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An applicant with a certificate of title is entitled to immediate possession and demolition against respondents occupying land without consent.
Land law – Possession under Order 113 – Certificate of title conclusive evidence – Squatters occupying without licence – Eviction and demolition of unauthorised structures – Arrest of judgment and allegations of fraud.
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1 July 2022 |
| June 2022 |
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Court enforces personal guarantee against director despite alleged business rescue; moratorium held inapplicable to the guarantor.
Guarantee enforceability; personal guarantor liability; business rescue moratorium; Corporate Insolvency Act s.25(2); originating summons procedure; burden of proof for business rescue initiation.
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9 June 2022 |
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Unregistered lease is void, but possession and accepted rent created a periodic tenancy permitting the plaintiffs' claims to continue.
Lands and Deeds Registry Act s4 & s6 – non-registration of a lease renders it void; unregistered lease enforceable inter partes only; possession plus payment and acceptance of rent creates periodic tenancy independent of void lease; Order 14A inappropriate where point of law will not finally dispose of action.
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9 June 2022 |
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Unregistered long lease is void; periodic tenancy arose, but claimant's application was procedurally defective and dismissed.
Lands & Deeds Registry Act — non-registration of a lease for >1 year renders it null and void; periodic tenancy may arise by possession and payment of rent; procedural requirements under Landlord and Tenant (Business Premises) Act — originating notice of motion limited to specified claims, statutory notice and notification requirements for new tenancy (s.5, s.10) and Rule 5 compliance; improper commencement deprives court of jurisdiction; application dismissed; costs to respondent; leave to appeal granted.
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8 June 2022 |
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Application to set aside arbitral award dismissed — no lack of notice, no proven excess of scope, no unlawful delegation to assistant arbitrator.
Arbitration Act s.17(2) — setting aside arbitral awards — notice of proceedings; scope of submission to arbitration; tribunal composition; Regulation 15 — assistants and delegation of decision‑making.
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3 June 2022 |
| May 2022 |
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Plaintiff awarded mesne profits due to defendant's holding over and unreasonable delay in completing required repairs.
Mesne profits; landlord–tenant; holding over after lease termination; requirement of deprivation of possession; delay in repairs as basis for damages; interest and costs; leave to appeal.
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11 May 2022 |
| April 2022 |
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A registered certificate of title is conclusive; a local authority cannot lawfully displace registered ownership by issuing occupancy licences.
Property law – Certificate of Title – Conclusive effect of certificate (Lands and Deeds Registry Act s.33) – Adverse possession barred after issuance of certificate (s.35) – Local authority’s occupancy licences and levies cannot override registered title – Improvement Area Declaration not retrospective.
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27 April 2022 |
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Court permitted re-opening to admit fresh documentary evidence after finding Ladd v Marshall criteria satisfied.
Civil procedure — Fresh evidence after close of case — Order III r2 High Court Rules; Order 38 r13 Rules of Supreme Court — Ladd v Marshall criteria applied — documentary evidence; self‑explanatory exhibits; prevention of prejudice to opposing parties.
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11 April 2022 |
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The applicant’s failure to promptly file a notice of appeal justified refusal to grant leave to appeal out of time.
Civil procedure — Appeal from Registrar — Order XXX, Rule 10(1) — seven‑day notice requirement — extension of time — promptness required — sitting on rights — prospects of success — failure to file grounds or submissions.
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6 April 2022 |
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Affidavit in reply filed without leave was expunged and land recovery claim dismissed as statute-barred under the Limitation Act.
Civil procedure — Affidavit in reply: generally requires leave; court discretionary to admit affidavits filed without leave where issues were unforeseeable. Limitation Act 1939 s4(3) — 12-year bar to actions for recovery of land; s26 exception for fraud/mistake delays accrual until discovery. Order 14A — preliminary point of law appropriate to dismiss plainly statute-barred land claims.
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1 April 2022 |