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Citation
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Judgment date
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| December 2022 |
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29 December 2022 |
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Appellants' corruption convictions and five-year sentences upheld; statutory presumption valid and foreign documents admissible.
Criminal law – Corruption – proof of overpayments and corrupt gratification; Admissibility – foreign documents and authentication; Constitutional law – right to silence vis-à-vis statutory presumptions in anti‑corruption legislation; Evidence – use of intelligence-related material and presidential consent; Corporate law – lifting the veil to attribute personal criminal liability to corporate officers; Sentencing – custodial deterrent sentences for corruption.
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29 December 2022 |
| November 2022 |
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Renewed application for leave to appeal denied; alleged fraud and locus standi procedural failings do not justify setting aside arbitral award.
Arbitration — limited court intervention; Arbitration Act s17 — grounds to set aside awards (fraud, public policy, jurisdictional limits); Court of Appeal Act s13(3) — threshold for leave to appeal; procedural requirement to renew single-judge applications (renewal, not appeal); failure to produce evidence at arbitration not basis for setting aside award.
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9 November 2022 |
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Beneficiaries cannot prosecute claims over deceased estate property without a duly appointed administrator; Rule 19 objections are permitted.
Succession law – capacity to sue – administrators derive authority from letters of administration (Intestate Succession Act s.24(1)) – beneficiaries lack locus to prosecute estate claims – preliminary objections under Rule 19 of the Supreme Court Rules.
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9 November 2022 |
| October 2022 |
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Chief’s alleged withdrawal or consent could not validly extinguish another’s customary interest without required consultation under the Lands Act.
Customary land – boundary demarcation by chief’s retainer – effect on competing grants; Lands Act s.3 – requirement to consult persons with affected interests; alienation of customary land void without consultation; prior interest protection under customary tenure.
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31 October 2022 |
| September 2022 |
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A section 22(1) challenge to a business‑rescue resolution is not subject to the section 25(1) moratorium and does not require administrator consent.
Corporate insolvency law – business rescue – distinction between challenges to the decision to commence business rescue (section 22(1)) and the moratorium on proceedings affecting company assets (section 25(1)) – scope of "legal proceedings" – procedure for section 22(1) applications.
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29 September 2022 |
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A mortgagee may lodge a counterclaim in pending writ proceedings; mode of commencement does not bar competent counterclaims.
Civil procedure — Counterclaims — Whether mortgage actions must be commenced by originating summons — Order 30 r.14 High Court Rules — Order 28 r.3 and RSC Order 15 — Mode of commencement and jurisdiction — Multiplicity of actions.
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1 September 2022 |
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A mortgage action may be pursued as a counterclaim in writ proceedings; jurisdictional objections can be raised at any stage.
Civil procedure — counterclaim — mortgage/foreclosure matters — Order 30 r.14 not precluding counterclaims; counterclaim as extension of defence (Order 28 r.3; RSC Order 15 r.2) — jurisdictional objections may be raised at any time.
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1 September 2022 |
| August 2022 |
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Court upheld murder convictions, substituted death with 20 years due to mitigating postpartum psychosis; constitutional petition on MP exclusion dismissed.
Criminal law — Insanity defence (s.12 Penal Code) — onus on accused — psychiatric evidence must be cogent and explained — postpartum psychosis may mitigate though not meet legal insanity. Constitutional law — Article 73(4) — status of MP whose election nullified but appeal pending — MPs retain seats pending appeal; Speaker’s exclusion ruling rendered overtaken
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31 August 2022 |
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Claim for unpaid BIT allowance failed largely for lack of documentary proof; only admitted amounts and certain awards survive.
Contract construction; BIT (broken and missing bottles) allowance – scope and monetary entitlement – authority of employee to vary contract – burden and standard of proof in liquidated money claims – requirement for documentary evidence – improper referral to assessment – costs allocation.
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30 August 2022 |
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Applicant failed to show public importance or prospects of success; prior judgments made the claim res judicata and leave was refused.
Civil procedure — leave to appeal to Supreme Court (section 13 Court of Appeal Act) — threshold for certification — res judicata — Court of Appeal’s powers under section 24 to rehear and determine appeals on record — originating summons appropriate where no substantial dispute of fact — chieftaincy succession and recognition vs final judicial determinations.
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24 August 2022 |
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An offshore indirect transfer conferring control of a Zambian mining licence attracts property transfer tax; Commissioner-General may value consideration.
Property Transfer Tax — Offshore/indirect transfer of holding-company shares — Interest in mining right — Statutory interpretation — Commissioner-General's valuation discretion (s5(3)) — Legitimate expectation and power to amend assessment.
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17 August 2022 |
| July 2022 |
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Appellant entitled to separate long service gratuity and housing allowance; defendant cannot resurrect limitation after defending on merits.
Procedure — limitation defence; where defendant elects to defend on merits after Deputy Registrar dismisses limitation plea, it cannot later revive limitation as jurisdictional bar — Employment law — interpretation of conditions of service — clauses 8 (long service gratuity) and 9 (retirement benefits) are distinct — entitlement to three months' pay per year and housing allowance until benefits paid — calculation on basic salary excluding allowances; account for amounts already paid and currency rebasing.
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6 July 2022 |
| June 2022 |
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Equitable assignment of an equity of redemption (s.62) can vest full title upon redemption; equitable claims are not time-barred under s.2(7).
Conveyancing – Equity of redemption – Assignment vs outright transfer – Applicability of Lands and Deeds Registry Act sections 61 and 62 – Registration requirements – Equity and limitation (Limitation Act s.2(7)) – Delay, laches and subrogation.
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22 June 2022 |
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Appeal dismissed: unchallenged extrajudicial confession and note confirmed motive and premeditation, warranting murder conviction and death sentence.
Criminal law – murder – sufficiency of proof as to cause of death – extrajudicial confession to private person – admissibility and weight – motive and corroboration – mens rea/malice aforethought – appellate review of trial judge’s evaluation of conflicting accounts.
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14 June 2022 |
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Belief in witchcraft may mitigate murder sentence but is negated by an unprompted admission of being hired to kill.
Criminal law – Murder – Sentence – Belief in witchcraft as possible extenuating circumstance; mitigation; effect of unsolicited admission of being hired to kill.
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13 June 2022 |
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Whether a brief voir dire showing a child knows lying is wrong suffices under s122 to receive evidence on oath.
Juveniles Act s122 – Child witness – Voir dire requirements – Court must be satisfied child has sufficient intelligence and understands duty to speak truth – No prescribed questionnaire – Ocular observation and brief probing may suffice – No need to show knowledge of sanctions for lying.
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13 June 2022 |
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Eyewitness identification corroborated by possession of stolen property sustained appellant's conviction for aggravated robbery and murder.
Criminal law – Identification evidence and recent possession – Mutual corroboration of eyewitness identification by possession of stolen property – Circumstantial evidence – Aggravated robbery and felony murder.
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10 June 2022 |
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Failure to obtain mandatory leave from the Court of Appeal deprived the Supreme Court of jurisdiction, so appeals dismissed.
Criminal procedure — Appeal to Supreme Court — Mandatory leave to appeal from Court of Appeal (Court of Appeal Act s.13; Supreme Court (Amendment) Act s.17) — Order XI(5) of Court of Appeal Rules cannot displace statutory leave requirement — leave substantive and jurisdictional — Rule 37 and constitutional provision not a cure.
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7 June 2022 |
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Appeal against murder conviction dismissed: malice proved, no extenuating circumstances, life sentence set aside and death penalty imposed.
Criminal law – Murder v manslaughter – malice aforethought (s204 Penal Code) – deadly weapon (broken bottle) – contemporaneous statements – res gestae – drunkenness not automatically extenuating – sentencing misdirection – substitution of death penalty.
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7 June 2022 |
| May 2022 |
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Summary possession under Order 113 RSC cannot resolve disputed title; matter remitted for full trial under Order 28(8) RSC.
Land law – Order 113 RSC (summary possession) limited to dispossessing trespassers; contentious ownership disputes require full trial or conversion under Order 28(8) RSC; procedural irregularities generally cureable under Order 2 RSC but not where misuse subverts the purpose of a special procedure; certificate of title issues cannot be resolved by summary procedure.
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26 May 2022 |
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Whether failure to dispose within the IRD's statutory one-year period divests the court of jurisdiction over the entire proceedings or only the judgment.
Industrial Relations Division — statutory one-year disposal requirement — effect of non-compliance on jurisdiction (judgment-only versus entire proceedings) — remit to trial court — point of law of public importance — leave to appeal granted.
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20 May 2022 |
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Two independent eyewitness identifications upheld despite a flawed parade; dying co‑suspect statement inadmissible against the appellant.
Criminal law – identification evidence – reliability of eyewitness identification after delay; identification parade irregularity (accused with visible injuries) – effect on admissibility; extra‑judicial/dying co‑suspect statement – admissibility and warn and caution; multiple independent identifications strengthens prosecution case.
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10 May 2022 |
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Appeal concerned whether eyewitness identification and identification-parade fairness sufficiently established aggravated robbery convictions.
Criminal law – Identification evidence – Duty to rule out honest mistake; witnesses must demonstrate quality of observation (light, duration, features). Identification parades – Allegations of photographs/clothing investigated; parade irregularity requires proof of unfairness. Multiple independent eyewitness identifications strengthen reliability
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10 May 2022 |
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Whether malice, self‑defence, and intoxication were correctly assessed on the evidence in a murder conviction.
Criminal law – Murder – Malice aforethought established by scene evidence and post‑offence conduct; Self‑defence – reliance on rejected testimony; Intoxication – extenuation only if shown to impair reasoning.
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10 May 2022 |
| April 2022 |
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Pursuit of administrative remedies does not excuse unreasonable delay; applicant failed to give sufficient reasons for seeking leave to appeal out of time.
Civil procedure – extension of time – Supreme Court Rules Order 12 rule 1; Defence Act s137 – leave to appeal from courts-martial/boards of inquiry – discretionary extension only for sufficient reasons; administrative remedies do not indefinitely suspend statutory appeal periods.
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12 April 2022 |
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Leave to appeal refused: proposed grounds were factual, not points of law of public importance; motion dismissed with costs.
Civil procedure — Leave to appeal under s13 Court of Appeal Act — Point of law of public importance — Constructive dismissal — Unilateral variation of job description — Duty to consider filed submissions — Findings of fact v points of law.
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1 April 2022 |
| March 2022 |
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Contract workers failed to prove entitlement to unpaid/underpaid camping allowances or retrospective settling‑in allowance; appeal allowed.
Employment law – conditions of service – camping/subsistence allowances – burden of proof for nights away and claim forms; collective agreements and union-negotiated rates – proof of union membership and payment; settling-in allowance – non-retroactivity; assessment of damages – proper procedure for verification/assessment.
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30 March 2022 |
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A single Supreme Court judge does not have jurisdiction to stay proceedings pending before the full court.
Constitutional and statutory interpretation – single judge jurisdiction – interlocutory applications – power to stay proceedings – hierarchy between single judge and full court – stay of proceedings; public interest in orderly adjudication.
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29 March 2022 |
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SI No. 6 of 2017 is non‑retroactive; employed advocates admitted on the roll are entitled to costs; calculational errors in a bill are curable.
Costs — Taxation of bill of costs — Effect of repeal and retroactivity of statutory instruments (SI No. 6 of 2017) — Curable procedural irregularity — Entitlement of employed (in‑house) advocates to costs — Definition of 'practitioner' under Legal Practitioners Act.
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28 March 2022 |
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Court granted extension under Rule 12 SCR where applicant filed within 21 days after becoming aware of the ruling.
Civil procedure – extension of time – Rule 12(1) and 12(2) Supreme Court Rules – 21-day filing requirement – excusable delay due to late knowledge of ruling and death of advocate – application for leave to appeal out of time.
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23 March 2022 |
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Delay beyond Rule 12(2)'s 21‑day limit led to dismissal of extension application despite counsel's illness.
Civil procedure – extension of time – Rule 12(1) and (2) Supreme Court Rules – 21‑day filing requirement – promptness and sufficiency of reasons – consideration of merits – application for leave to appeal out of time.
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22 March 2022 |
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A registered partial arbitral award precludes re-litigation of issues it decided, depriving the court of jurisdiction over related appeal grounds.
Arbitration law – registration and effect of a partial final award – issue estoppel and functus officio – limited court intervention – arbitrability of disputes under shareholders' agreements versus winding-up proceedings – status of notice to be heard in liquidation – abuse of process/multiplicity of actions.
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22 March 2022 |
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A registered partial final arbitral award on jurisdiction/arbitrability bars re-litigation of those issues in court, collapsing the appeal.
Arbitration — registered partial final award — finality of arbitral determinations on jurisdiction and arbitrability — limited court intervention — effect on related winding-up proceedings — abuse of process/multiplicity.
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22 March 2022 |
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The respondents’ delayed and procedurally misconceived attempts to nullify and settle judgments were dismissed as an abuse of process.
Civil procedure — Settlement of judgments into orders — Rule 75 requires settlement by presiding judge or judge who sat on hearing — Successful party’s duty to prepare draft order promptly — Challenges to judgments on jurisdiction/unfair procedure must follow Rule 48(1) and 48(5) and be timeous — Abuse of process and delay.
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15 March 2022 |
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Appeal against bribery conviction dismissed; undercover evidence and trial process found lawful and magistrate’s findings upheld.
Criminal law — Corrupt practice by public officer — solicitation and receipt of bribe; Anti‑Corruption sting operations — admissibility of marked notes and arranged meetings; Appellate review — credibility findings and alleged procedural irregularities (right to counsel, admission of guilt).
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2 March 2022 |
| February 2022 |
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A renewed interlocutory injunction cannot be brought to the Supreme Court while the Court of Appeal is seised without prior leave.
Procedure — Appellate jurisdiction — Supreme Court’s restricted role post-2016 — Effect of Court of Appeal Act s.13 — Interlocutory injunctions — Renewed applications not permitted in Supreme Court while appeal pending in Court of Appeal without leave — Single judge cannot sit as appellate court over Court of Appeal — Requirement to specify terms of injunction.
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23 February 2022 |
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Leave refused: issues were private/interlocutory and did not raise points of public importance; application dismissed with costs.
Leave to appeal – Section 13 Court of Appeal Act – limited to points of general public importance; appellate procedural non-compliance (Order X Rule 9) – interlocutory; appellate contradiction – capable of clarification; measure of damages in wrongful dismissal – notice-period principle; application dismissed with costs.
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23 February 2022 |
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Leave to appeal refused: alleged smuggling did not render the contract illegal and proposed appeal raised only factual issues.
Leave to appeal – Section 13 Court of Appeal Act – Illegality in contract – alleged smuggling of funds does not invalidate contract absent illegal purpose – appellate review limited to questions of law, not re‑appraisal of factual findings.
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22 February 2022 |
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A Rule 10 interested party may challenge a consent winding‑up judgment; directors retain residual powers and the flawed liquidation must be re-opened.
Companies law – winding up – Rule 10 notice confers interested-party locus to be heard; consent judgments and third‑party rights; residual powers of directors in liquidation; provisional liquidator appointment; judicial supervision and procedural fairness; liquidator’s fiduciary duties; joinder of liquidator.
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17 February 2022 |
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Sworn evidence of a child aged 14+ need not be corroborated by law; corroboration remains practice in sexual offences.
Juveniles Act s122 – sworn evidence by child witnesses; corroboration statutory only for under-14s; sexual offences – corroboration a rule of practice; odd coincidences as corroboration; circumstantial evidence; identification.
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10 February 2022 |
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Counsel’s holiday and procedural error did not constitute good cause to extend time to reopen the appeal.
Civil procedure – Extension of time – Rule 12(1) Supreme Court Rules – Requirement of good cause and sufficient material – Counsel’s omission or mistake does not ordinarily justify extension – Reopening appeal – Promptness and explanation for delay.
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8 February 2022 |
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Whether circumstantial evidence and adverse credibility findings can safely sustain a murder conviction.
Criminal law – Circumstantial evidence – staged approach to infer facts – sufficiency to exclude hypotheses of innocence; Credibility – effect of inconsistencies and lies; Safety of conviction; Last-seen evidence; Forensic and CCTV evidence.
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1 February 2022 |
| January 2022 |
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Court refused a late amendment to a motion (styled as an appeal) because allowing it would prejudice the appellant who had proceeded with the appeal.
Civil procedure – amendment of motions – motion styled as appeal – compliance with Supreme Court Rules (rules 48(1), 48(4)) – discretion to allow amendments vs prejudice and delay – effect of preparing record of appeal and absence of stay.
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18 January 2022 |
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Interim injunction granted where registered trade mark embossed on widely circulated bottles risked irreparable, unquantifiable harm.
Trade mark — Interim injunction — Adequacy of damages vs. irreparable harm — Balance of convenience — Owner’s rights in embossed packaging — Preservation and surrender of chattels bearing registered trade mark.
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13 January 2022 |
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Respondents granted 14-day extension where lack of notice excused delay; full-bench leave-to-appeal avenue must be exhausted.
Civil procedure — Extension of time to apply to full bench — s.4 Supreme Court Act & Rule 48 — Late receipt of reserved ruling — Jurisdictional nature of leave to appeal — Prejudice and cause-list management.
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8 January 2022 |
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A delivered judgment is enforceable immediately; embodiment under Rule 75 is not a prerequisite to taxing costs.
Civil procedure — enforcement of judgments — effect of delivery date — Rule 75 (embodiment of judgments) does not prevent enforcement — Section 9 Supreme Court Act governs execution — taxation of costs under Rule 77.
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3 January 2022 |