Results.
12 judgments found.
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| May 2013 |
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Second action for damages dismissed as multiplicity; appellant should have amended earlier proceedings under Order 20 Rule 8(8).
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Civil procedure — multiplicity of actions — amendment of pleadings under Order 20 Rule 8(8) RSC — originating notice vs writ — wrongful execution and damages — requirement to prove lawful occupation.
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29 May 2013 |
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Appellant failed to prove respondent or agents committed illegal campaign practices; election upheld.
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Electoral law — election petitions — illegal or corrupt practices — Section 93(2)(a) and (c) — burden and standard of proof; Character assassination in campaigns — hearsay and witness credibility; Appellate review — interference with trial court findings of fact and demeanour; Clerical errors by electoral body — effect on voter identification.
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28 May 2013 |
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Whether a change in payment point or airway-bill entries relieves a shipper of liability to its agent for handling charges.
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Agency law — agent’s entitlement to remuneration; Contract variation — requires mutual agreement and consideration; Air Services Regulations (Article 4(7)) — effect depends on airway bill 'collect' vs 'prepaid' entries
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28 May 2013 |
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Appeal dismissed for want of prosecution where appellant failed to file record or seek timely extension.
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Civil procedure — appeals — requirement to file Record of Appeal within 60 days — dismissal for want of prosecution under Rule 55 — duty to seek extension promptly where notes unavailable — cannot await respondent’s dismissal application — court may preview merits
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27 May 2013 |
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Appellants’ non-attendance at inter partes hearings justified discharge of stay; late service warranted setting aside costs order.
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Civil procedure — stay of execution — ex parte stay discharged at inter partes hearing; late service of affidavit — breach of rules but does not excuse applicant's unexplained non-attendance; costs — successful party normally entitled to costs but late filing may disentitle respondent from benefiting; duty of counsel to attend and to search court record.
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22 May 2013 |
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The appellant’s time to appeal commenced when the judgment was signed and sealed, not when it was orally pronounced.
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Civil procedure — time for filing notice of appeal — Rule 49(2) — Order 42/3/9 — time runs from when judgment is signed/sealed (perfected) — dismissal under Rule 55 inappropriate where notice filed within period from perfected judgment
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21 May 2013 |
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Appellant failed to satisfy the due diligence, materiality and credibility tests to admit new documentary evidence on appeal.
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Appeal — Further evidence — Applicant must show due diligence in obtaining evidence at trial, materiality to outcome, and prima facie credibility; unsigned or unauthenticated documents insufficient — motion to admit new evidence dismissed.
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17 May 2013 |
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Unanimous shareholders' agreements lawfully limited board seats and nomination rights to shareholders holding ten percent or more.
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Shareholders' agreements — Interpretation of clauses limiting directorship to shareholders holding 10% or more — Effect on articles of association — Contractual construction and factual background — Protection against dilution
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16 May 2013 |
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Article 98 grants an independent presidential power to appoint tribunals; the President acted intra vires and no procedural unfairness was shown.
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Constitutional law — Article 98 tribunal powers — President's power to appoint tribunal and suspend judges is standalone and not limited by Article 91 or Judicial Code of Conduct; procedural impropriety and Wednesbury unreasonableness not established; exceptional power to apply to discharge ex parte leave under Order 53/14/4
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9 May 2013 |
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Court set aside security-for-costs order, prioritizing appellants' indigence and access to appeal under Rule 56.
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Civil procedure — Security for costs on appeal — Rule 56 Supreme Court Rules — Applicability of Order 23 — Indigence and access to justice — Requirement of specification of anticipated costs (skeleton bill)
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6 May 2013 |
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Church donations soliciting votes constitute bribery permitting nullification; government development projects alone are not petitionable.
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Electoral law — bribery and illegal practices — church/choir donations coupled with solicitations for votes — s79(1)(c) and s93(2)(c) Electoral Act 2006; government development/philanthropic projects (boreholes) not petitionable; incorrect regulation citation immaterial if substance identical; nullification under s93(2)(c) does not require widespread effect
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6 May 2013 |
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Respondent’s dismissal for approving inflated invoices was lawful; lower court erred by re-evaluating employer’s disciplinary findings.
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Employment law — unfair dismissal; disciplinary procedure — gross misconduct for approving inflated supplier invoices; differential treatment of employees; limits on judicial review of internal disciplinary decisions; standard of appellate review in industrial disputes.
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2 May 2013 |