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Citation
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Judgment date
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| December 2014 |
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Interpretation of SC Rules 49(2) and 49(5): filing within 30 days and serving notice with memorandum within 14 days.
Civil procedure – Supreme Court Rules 49(2) and 49(5) – Interpretation after 2012 amendment – Filing notice of appeal within 30 days; lodging and serving notice with memorandum within 14 days – Jurisdiction and competence of appeal.
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29 December 2014 |
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18 December 2014 |
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Whether mandatory interlocutory relief can prevent implementation of disputed party resolutions and restore a suspended party president pending suit.
Interlocutory injunctions — requirement to define parameters — application of American Cyanamid principles — mandatory vs prohibitory injunctions — appellate discretion to consider arguments beyond lower court/memorandum — internal party disputes and suspension.
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18 December 2014 |
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Appeal allowed: appellate court granted mandatory interim relief restoring the suspended party president and restrained implementation of contested resolutions.
Civil procedure — interlocutory injunctions — requirements (serious question, irreparable injury, balance of convenience, clean hands) — scope and parameters of relief; appeal — admissibility of arguments not fully developed below or beyond memorandum of appeal; mandatory vs prohibitory injunctions — restoration pending determination; appellate power to grant relief.
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18 December 2014 |
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15 December 2014 |
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9 December 2014 |
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9 December 2014 |
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Group attack causing injuries justified a 20‑year aggravated robbery sentence; appeal against sentence dismissed.
Criminal law – Aggravated robbery – Sentence – Whether sentence excessive – Group attack and grievous harm as aggravating circumstances – First offender – Appeal against sentence – Notice of appeal without grounds; failure to file Heads of Argument.
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3 December 2014 |
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2 December 2014 |
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Circumstantial evidence and common design sufficed to convict; appellate court upheld conviction after rejecting the defence explanation.
Criminal law – Circumstantial evidence – Requirement of cogency permitting only inference of guilt; Common design and parties to offence (Sections 21, 22 Penal Code); Burden of proof and accused’s explanation – credibility assessment; Appellate deference to trial judge on credibility findings.
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2 December 2014 |
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2 December 2014 |
| November 2014 |
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Res ipsa loquitur justified finding appellant negligent for a broken needle that injured the respondent.
Medical negligence; res ipsa loquitur; burden shifts where circumstantial evidence shows foreign body after clinical procedure; expert evidence as guide not conclusive; duty to refer and standard of care in nursing and clinical treatment.
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20 November 2014 |
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A mortgagor’s unquantified counterclaim does not defeat a mortgagee’s right to possession; stay of execution discharged.
Mortgage law – Mortgagee’s right to possession – Counterclaim or equitable set-off does not ordinarily defeat possession – Court’s equitable discretion to postpone possession only where mortgagor can pay within reasonable time – Stay of execution discharged where set-off unquantified and appeal lacks prospects.
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19 November 2014 |
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The respondent was justified in summarily dismissing the applicants for refusing to attend an investigation.
Employment law – Summary dismissal – Contractual approach – Disobedience/insubordination as ground for dismissal – Conditions of Service/disciplinary code not engaged where no formal charge – Admissibility and weight of unpleaded Audit Report – Appellate restraint on findings of fact.
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17 November 2014 |
| October 2014 |
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Provisional liquidators are usually paid from company assets, but courts may refuse payment where the winding-up petition was abusive or statute-barred.
Companies Act s285; Companies (Winding-Up) Rules r8(6) — provisional liquidator remuneration and expenses — court's discretion where petition fails or is rescinded — assessment requires detailed, itemised justification; abuse of winding-up proceedings; refusal to make company pay where petition is vexatious or statute-barred.
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31 October 2014 |
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Court allowed appeal: provisional liquidator ordinarily entitled to fees from company assets, but court may refuse payment where petition is an abuse and quantum must be properly assessed.
Companies law — provisional liquidator remuneration — s.285 Companies Act; Companies (Winding-Up) Rules r.8(6) — entitlement to fees from company assets — court discretion where petition fails or is abuse of process — requirement for itemised assessment and proof of expenses.
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31 October 2014 |
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Whether Registrar application is prerequisite to cancelling title, proper procedure for caveat removal, and who bears amendment costs.
Lands and Deeds Registry Act s.11 – administrative correction by Registrar is not a precondition to judicial cancellation of title; Certificate of Title – conclusive but challengeable for fraud; Caveat removal – ordinarily by originating summons but may be included in writ when part of broader action; Costs – amendment necessitated by plaintiff's omission attracts costs against that party; Leave to appeal on costs required only where appeal is solely on costs.
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30 October 2014 |
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The appellant could reject an unmerchantable printer despite repairs and warranty; four months' use did not forfeit the right.
Sale of Goods Act s14(2) – implied condition of merchantable quality – buyer’s statutory right to reject – effect of express warranty and repairs on rejection – reasonable time/acceptance by conduct.
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30 October 2014 |
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EIA consultation rights are not limited to title-holders; project approvals and remedial consultations justified dismissal of the appeal.
Environmental law – EIA process and public consultation; locus standi not confined to title-holders; admissibility and weight of expert evidence; mining licence/outsourcing; Ministerial suspension and legitimate expectation; procedural compliance for change of land use.
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30 October 2014 |
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A Supreme Court remittal to the High Court does not require recommencement by originating process under Order VI.
Civil procedure — Supreme Court remittal under s.25(1)(b)(iv) — No requirement to file fresh originating process — High Court may give directions for pleadings — Remitted matter not converted into an appeal by cause number or record filing.
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30 October 2014 |
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Deposit of title deeds created an equitable mortgage securing beer-credit; debt apportioned equally between the appellant and the 1st respondent.
Companies law – holding oneself out as director (Companies Act s.203(3)) – equitable mortgage by deposit of title deeds – deposit can secure third-party debt – joint business venture and joint liability for credit facility – apportionment of counter-claim debt; interest ordered from counter-claim date to judgment at short-term deposit rate then lending rate.
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30 October 2014 |
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Whether non-parties to a bank guarantee can challenge payment absent privity or a written demand.
Bank guarantees; suretyship and privity; condition precedent; written demand under a guarantee; locus standi to enforce guarantees; pleadings and particulars for negligence; Statute of Frauds (naming parties).
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28 October 2014 |
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22 October 2014 |
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A bank’s third‑party mortgage was set aside for failing to guard against undue influence and for insufficient evidence of a valid deposit of title deeds.
Banking/security law – third‑party equitable mortgage by deposit of title deeds – possession alone insufficient to create charge; creditor on inquiry where borrower and surety are related – duty to guard against undue influence, ensure understanding and recommend independent legal advice – inference of fraud permitted from affidavit denials when particularity lacking.
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22 October 2014 |
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22 October 2014 |
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16 October 2014 |
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14 October 2014 |
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Convictions affirmed where recent possession, leading evidence and re-enactments excluded danger of false implication.
Criminal law – aggravated robbery and murder – circumstantial evidence – suspect witnesses and corroboration – recent possession of stolen property – leading and re-enactment evidence – common purpose liability – sentencing of juvenile.
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14 October 2014 |
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13 October 2014 |
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Psychiatric treatment receipts alone do not establish insanity; credible eyewitness testimony sufficed to uphold conviction.
Criminal law - Unnatural offence (s155 Penal Code) - requirement to prove sex against the order of nature; Criminal procedure - fitness to make a proper defence (s160 Criminal Procedure Code) - when psychiatric inquiry required; Evidence - eyewitness identification and corroboration; Standard - proof beyond reasonable doubt.
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13 October 2014 |
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13 October 2014 |
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13 October 2014 |
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12 October 2014 |
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7 October 2014 |
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5 October 2014 |
| September 2014 |
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29 September 2014 |
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29 September 2014 |
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29 September 2014 |
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25 September 2014 |
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23 September 2014 |
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23 September 2014 |
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23 September 2014 |
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18 September 2014 |
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18 September 2014 |
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Only reliefs expressly provided for under the Landlord and Tenant (Business Premises) Act may be commenced by Originating Notice of Motion.
Landlord and Tenant (Business Premises) Act – mode of commencement – Originating Notice of Motion limited to applications expressly provided for by the Act – claims for declarations and damages require Writ of Summons – Apollo Refrigeration Services principle – deeming proceedings inappropriate where it leads to irrational result.
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16 September 2014 |
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7 September 2014 |
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2 September 2014 |
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Earlier valid allocation and payment confer ownership despite non‑occupation; limitation defence waived if not raised below.
Property law — Government pool housing allocations — Civil Service Home Ownership Scheme eligibility (bona fide sitting tenant) — Competent authority to allocate — Limitation defence waiver — Typographical errors in property descriptions and rectification of title.
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1 September 2014 |
| August 2014 |
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A dismissal for inactivity under Order 53 Rule 12 does not bar a fresh action absent an adjudication on the merits.
Commercial Court Rules (Order 53 Rule 12) — dismissal for 60 days inactivity — effect of dismissal; res judicata; finality of litigation; directory vs mandatory rules; right to commence fresh action where no adjudication on merits.
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21 August 2014 |
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Applicant’s bid to impeach a final judgment for alleged ministerial error was an abuse of process and was dismissed.
Civil procedure – finality of judgments – impeachment for fraud – fraud exception narrow and strictly proved; abuse of process through repetitive litigation; Order 20 Rule 11 (White Book) invoked but inapplicable where evidence was available at trial.
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21 August 2014 |