Results.
11 judgments found.
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| January 2015 |
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Appeal stayed until appellants pay K10,000 security for costs due to likely inability to meet adverse costs.
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Civil procedure — Security for costs — Rule 56 Supreme Court Rules — stay of appeal pending payment — casual employees' financial incapacity — respondent's costs secured.
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23 January 2015 |
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22 January 2015 |
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Bank not liable for payments on forged cheques where agent had ostensible authority and customer negligently failed to detect forgeries.
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Banking law — forged cheques — payment in good faith and in ordinary course — s.19 Stamp Act; s.60 Bills of Exchange Act; s.2 Cheques Act — ostensible/actual authority of agent — customer negligence and estoppel — duty to inquire limited to circumstances giving rise to suspicion
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20 January 2015 |
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18 January 2015 |
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15 January 2015 |
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Application to set aside dismissal for want of prosecution failed due to inordinate delay and insufficient evidence to extend time.
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Civil procedure — appeal dismissed for want of prosecution; extension of time under Rule 12(1) — necessity of sufficient admissible evidence; inordinate delay; prejudice from execution (Fi.fa and Eligit); costs
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14 January 2015 |
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13 January 2015 |
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12 January 2015 |
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Advocate acted beyond mere stakeholder but negligence was unpleaded; speculative losses unproven—nominal damages awarded.
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Professional negligence; conveyancing advocate’s duties; stakeholder v. advocate liability; limits on variation of judicial orders by Deputy Registrar; measure of damages for conveyancing negligence; requirement to plead and prove special loss; nominal damages awarded
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12 January 2015 |
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An arbitration clause limited to disputes "during the continuance" of an agreement is inoperative after contract termination.
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Arbitration Act s.10 — interpretation of arbitration clause — clause limited to disputes "during the continuance" of the contract — plain meaning rule — severability of arbitration clause considered but subordinate to clear wording — clause inoperative post-termination where contractual time-limits unmet
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12 January 2015 |
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12 January 2015 |