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Citation
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Judgment date
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| January 2019 |
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Whether tenants’ responses and deposits created interests versus a purchaser’s protected registered title under Section 58.
Property law — invitation to treat v. offer; agency and authority to sell; registered title protection under Section 58 Lands & Deeds Registry Act; bona fide purchaser; mesne profits and standard rent; proof of payment of purchase price.
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31 January 2019 |
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A conditional advance payment guarantee requires strict compliance by the beneficiary’s demand; non-compliant demand invalidates payment.
Bank guarantees – Advance payment guarantee – condition precedent – beneficiary’s demand must comply with specified wording declaring misuse of funds – contractual interpretation – distinction from unconditional on-demand guarantees – proof of pre-judgment interest – refund and restitution of deposit and mortgaged property.
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30 January 2019 |
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Entitlement to a critical area allowance is conditional and subject to the employer’s statutory discretion and designation of eligible posts.
Employment law – contractual conditions for allowances – Statutory Instrument and Administration Manual granting employer discretion to designate eligible posts and accept professional membership – entitlement not automatic upon production of certificate – personal‑to‑holder allowance does not create a successor right.
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30 January 2019 |
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The appellant's application to restore and amend an incompetent motion challenging final judgments was dismissed for procedural incompetence and finality.
Civil procedure – Supreme Court Rules – Rule 71(b) (restoration) and Rule 78 (interpretation) – restoration and amendment of an incompetent motion refused; finality of judgments; representation issue where a company’s General Manager files a motion; amendments seeking to revisit final judgments prejudicial and untenable.
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21 January 2019 |
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Participation in proceedings does not cure absence of formal joinder; joinder requires strict compliance with procedural rules.
Civil procedure — Joinder of parties — Requirement for summons and supporting affidavit — Inherent jurisdiction — Participation in proceedings does not substitute for formal joinder — Strict compliance with rules of court.
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15 January 2019 |