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Citation
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Judgment date
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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).
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.
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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A change in payment point to consignee did not relieve the shipper of liability to its agent absent a valid variation or proper 'collect' airway bill.
Agency — principal’s liability to agent for remuneration — third-party payments do not discharge principal without agreement; Contract variation — requires mutual agreement and consideration; unilateral concessions/forbearance insufficient; Aviation law — Air Services Regulations Art.4(7) applies where charges are ‘collect’ and consignee takes delivery; airway bill particulars (prepaid vs collect) determinative of shipper’s continuing liability.
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28 May 2013 |
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Appeal dismissed for want of prosecution where appellant failed to file the record within 60 days and seek timely extension.
Civil procedure — Appeal — Want of prosecution — Failure to file Record of Appeal within 60 days — Duty to apply promptly for extension — Appellants who delay until a dismissal application act at their peril — Court may preview merits when considering dismissal.
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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.
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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Time for appeal runs from when the judgment is signed/sealed/perfected; appeal dismissal set aside; costs in the cause.
Civil procedure — Appeals — Time for filing notice of appeal runs from when judgment is signed/sealed/perfected, not merely pronounced; interplay of Rules 49(2), 54, 55 and Order 42/3/9; improper use of Rule 55 to dismiss appeal where Rule 54 compliance at issue.
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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.
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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A unanimous shareholders' agreement limiting board seats to shareholders holding 10%+ governs entitlement and nomination rights.
Shareholders' agreements – Contractual interpretation – Clauses limiting board entitlement to shareholders holding 10%+ – Clause protecting against dilution – Effect of unanimous shareholders' agreement vis-à-vis articles of association and statutory appointment procedures.
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16 May 2013 |
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Whether the President may constitutionally appoint a tribunal under Article 98(3) without following Article 91/Judicial Code procedures.
Constitutional law – Article 98(3)(5) Presidential power to appoint tribunal – Article 98 standalone – relation to Article 91(2) and Judicial Code of Conduct – judicial review of executive disciplinary action – procedural impropriety and Wednesbury unreasonableness.
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9 May 2013 |
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Court set aside security-for-costs order, finding it would block indigent local appellants' access to appeal.
Civil procedure — security for costs on appeal — Rule 56 Supreme Court Rules — Order 23 not mandatory — large class actions and indigence — access to justice — discretionary setting aside of security-for-costs order.
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6 May 2013 |
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Donation to a church coupled with a solicitation for votes amounted to bribery justifying nullification; boreholes were government philanthropic projects and not petitionable.
Electoral law – corrupt and illegal practices – donations to groups/charities coupled with solicitation of votes – bribery under s.79(1)(c) and nullification under s.93(2)(c); government developmental/philanthropic projects and use of facilities – not necessarily petitionable; distinction between s.93(2)(a) (majority‑effect) and s.93(2)(c) (candidate‑attributable acts).
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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.
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 |