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Citation
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Judgment date
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| June 2024 |
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Conviction upheld where voluntary confession and recent possession proved guilt; second appellant's appeal abated on death.
Criminal law – Confession admissibility – Burden to prove voluntariness – Trial-within-a-trial credibility assessment – Recent possession doctrine – Appeal abatement on death of appellant.
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11 June 2024 |
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Admissions to village headmen or neighbourhood watchmen are admissible absent coercion; voluntariness is a credibility issue.
Criminal law – admissibility of confessions – Judges' Rules apply to persons in authority only – admissions to village headmen/neighbourhood watchmen admissible absent coercion – voluntariness and credibility – afterthoughts – failure to produce postmortem not fatal where evidence cogent.
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11 June 2024 |
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Conviction unsafe where prosecution failed to rule out accidental fire despite voice-identification and threats evidence.
Criminal law – murder by arson – circumstantial evidence – necessity to exclude accidental fire where no eyewitness; voice-identification and Turnbull guidance; relatives as potentially suspect witnesses – bias must be evidenced.
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11 June 2024 |
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Detention with an accused does not make a witness an accomplice; motive and corroboration determine testimonial reliability.
Criminal law – suspect witnesses – distinction between accomplice and witness with interest; motive to give false evidence required before special caution; detention with accused not determinative; corroboration and unchallenged evidence may render conviction safe.
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10 June 2024 |
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Last‑seen circumstantial evidence and witness credibility upheld as sufficient to sustain a murder conviction; appeal dismissed.
Criminal law — Circumstantial evidence — 'Last seen with' principle — Admissibility and weight of statements to private witnesses — Credibility assessments — Non‑investigation and dereliction of duty — Murder; malice aforethought.
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10 June 2024 |
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Whether provocation or false implication excused a fatal stabbing; court found no heat of passion and dismissed the appeal.
Criminal law – murder – provocation – elements: sudden grave provocation, loss of self-control, proportionate retaliation; witness credibility – interested witnesses and need for corroboration; fals e implication – danger where witnesses have interest; sentence – failed provocation does not constitute extenuating circumstances for mandatory death penalty.
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6 June 2024 |
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Provocation and self‑defence not established; corroboration of suspect witness upheld murder conviction and death sentence.
Criminal law – murder; provocation; self‑defence and defence of property; suspect witness caution and corroboration; mandatory death sentence; extenuating circumstances for sentencing.
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6 June 2024 |
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Appellant's self-defence and provocation defences rejected; murder conviction and 45-year sentence upheld.
Criminal law – murder – self-defence – provocation – proportionality of force – appellate deference to trial findings – sentencing discretion – appeal determined on judgment-only record.
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6 June 2024 |
| May 2024 |
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Appeals dismissed: identification, recent possession and ballistic evidence sufficiently proved armed robberies.
Criminal law – identification evidence – single and multiple identifying witnesses – recent possession doctrine – recoveries and scene reconstruction – definition and proof of firearm under the Firearms Act – appellate interference with trial findings of fact.
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21 May 2024 |
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Whether denial or suspension of driving licences for deaf persons breaches constitutional rights to freedom of movement and non-discrimination.
Constitutional law — Road Traffic Act (ss.59,62,68) — Licensing and suspension of drivers with hearing impairment — Article 11 (protection of the law) — Article 22 (freedom of movement protects liberty to move, not means) — Article 23 (entrenched text did not expressly include disability) — Persons with Disabilities Act and UNCRPD as alternative remedies.
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16 May 2024 |
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Denial or suspension of driving licences for deaf persons did not, per se, violate Articles 11, 22 or 23 of the Constitution.
Constitutional law — Part III rights — protection of the law, freedom of movement and non-discrimination — scope of Articles 11, 22 and 23; Road Traffic Act — fitness to drive and public safety; Persons with Disabilities Act and UNCRPD — alternative remedies.
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16 May 2024 |
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The State successfully appealed: extenuation lacked evidential basis and the six-year sentence was quashed for mandatory death.
Criminal law – Murder – Extenuating circumstances must be evidence-based – Defence of property cannot be raised for first time at sentencing – Appellate power to quash and substitute sentence where substantial miscarriage of justice – Substitution of mandatory death despite sentence served.
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16 May 2024 |
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Conviction based solely on circumstantial coincidence and lack of identification was unsafe; appeal allowed and acquittal ordered.
Criminal law – circumstantial evidence – sufficiency of coincidence of injuries as incriminating link – identification parades – police dereliction of duty – reasonably possible defence creates reasonable doubt.
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15 May 2024 |
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Conviction overturned for reliance on uncorroborated interested witnesses and improperly admitted confession evidence.
Criminal law – murder; corroboration of interested witnesses; hearsay; caution over evidence of detained/suspect witness; admissibility of confessions — court must ask defence to object; ballistic evidence not conclusive.
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14 May 2024 |
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The Supreme Court held it may determine its own jurisdiction to grant leave to appeal and need not refer that question to the Constitutional Court.
Constitutional jurisdiction — Whether Supreme Court may grant leave to appeal to itself after Court of Appeal refusal — Article 131 interpretation — Article 128(2) referral to Constitutional Court — Mandona precedent.
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8 May 2024 |
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Termination by notice communicated via a group HR officer was valid; wrongful dismissal yields damages, not nullity, and entitlements lacked proof.
Employment law – validity of termination by notice communicated by parent-group official – master-and-servant relationship – wrongful termination is breach (damages) not nullity; delving behind termination requires evidence of improper motives; acting allowance and salary increase require clear proof or formal contract amendment.
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6 May 2024 |
| April 2024 |
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Application for leave to appeal dismissed; filing was timely and counsel wrongly condemned, but proposed grounds failed statutory threshold.
Civil procedure — leave to appeal to Supreme Court — computation of time under Supreme Court Rules (public holidays) — mischaracterisation of ruling dates and counsel misconduct — section 13(3) Court of Appeal Act threshold for leave (point of law of public importance, prospects of success, compelling reasons) — appellate power under section 24 to grant relief necessary for justice — no novel unjust enrichment issue.
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25 April 2024 |
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Whether a Director may authorise use of government vehicle and driver for private consultancy and whether that constitutes abuse of office.
Abuse of authority of office – authorisation of government vehicle and driver for private consultancy – Director of Geological Survey powers under s124 Mines and Minerals Development Act – credibility of administrative witnesses – sentencing for misdemeanour; fine preferred for first offender.
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19 April 2024 |
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Whether the appellant proved a statutory honest-belief defence as to age, and whether the 40-year sentence was excessive.
Criminal law – Defilement – Statutory defence of honest belief as to age under s.138(1) – requirement of reasonable cause and actual belief – sentencing discretion for defilement (15 years to life) – appellate interference only if sentence shocks court.
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19 April 2024 |
| March 2024 |
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Whether Bundabunda chieftaincy is rotational and whether the Kashimbi lineage is entitled to the next succession.
Customary law – chieftaincy succession – rotation among matrilineal lineages; probative weight of family trees and contemporaneous joint reports; admissibility and weight of oral/traditional evidence (shrine clay pots); appellate interference with trial findings of fact where documentary inconsistencies and absence of verification exist.
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20 March 2024 |
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Evidence of telephone confirmations and corroborating call-back stamps upheld a court-martial conviction despite a harmless misdirection about producing signature comparisons.
Criminal law – Courts-martial appeal – Defence Act s.138 – proof of handwriting/signature by witness confirmation and corroborative documentary evidence; burden of proof – misdirection harmless where independent evidence supports conviction; disclosure obligations – prosecution not required to produce comparative signatures when accused effectively admits or confirms authorship; procedural irregularity – failure to deliberate in private requires shown prejudice.
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6 March 2024 |
| December 2023 |
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Whether the applicant could renew an interlocutory stay application in the Supreme Court after creation of the Court of Appeal.
Appellate procedure; interlocutory applications; renewal to Supreme Court; Court of Appeal Act (s.2 definition of "judgment", s.13 leave to appeal); effect of creation of Court of Appeal; jurisdictional limits; exceptional direct appeals (Part III Constitution).
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13 December 2023 |
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Whether the Subordinate Court had jurisdiction under the Intestate Succession Act to hear an estate exceeding K100,000.
Intestate succession — Section 43(3) Subordinate Court jurisdiction limited to estates ≤ K100,000 (old currency) — Lack of jurisdiction renders proceedings and judgments null and void — Appellate court may raise jurisdiction suo motu — Irregularity of an appellant raising objection to own appeal.
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6 December 2023 |
| November 2023 |
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Cogent circumstantial evidence linked the appellants to murder and aggravated robbery; death sentences under s.294(2) were upheld.
Criminal law – Circumstantial evidence – Possession of recently stolen property and last communication as cogent inferences; Common intention – joint participation inferred from associative conduct; Aggravated robbery – Section 294(1) and (2) are sentencing provisions for one offence; Death penalty lawful under s.294(2) where grievous harm results.
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16 November 2023 |
| October 2023 |
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Whether statutory increases to pensionable age apply to employees under pre-existing contracts and the effect on accrued pension rights.
Employment law — Retirement age — Effect of legislative amendment on pre-existing contracts — Non-retrospective application of statutes absent explicit provision; accrued/vested pension rights; unjust enrichment by awarding pension for periods not worked; costs in industrial/labour litigation.
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19 October 2023 |
| September 2023 |
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Section 4 of the Mental Health Act affirms legal capacity subject to safeguards; appellants failed to prove constitutional infringement.
Constitutional law — Mental Health Act Section 4 — legal capacity vs mental capacity; supported decision-making; role of UN Resolution 46/119 and CRPD in statutory interpretation; procedural safeguards for court-appointed supporters; inadequacy of class action pleadings.
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25 September 2023 |
| August 2023 |
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An arbitration clause in professional rules compels courts to stay proceedings and refer professional conduct disputes to arbitration.
Arbitration clause – Rule 16 as arbitration agreement – Section 10 Arbitration Act requires stay and referral to arbitration – Judicial review (Order 53) permits interlocutory section 10 applications – Arbitrability of professional conduct disputes.
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30 August 2023 |
| July 2023 |
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A stay of possession cannot be granted where execution has been effected and the applicant cannot show capacity to redeem.
Stay of execution – possession orders – execution already effected – nothing to stay; Order 88 Rule 5 White Book – suspension of possession requires likelihood of redemption within a reasonable period; requirement of clarity as to which appeal or order is sought to be stayed; applicants must show prima facie merits and irreparable harm.
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30 July 2023 |
| June 2023 |
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Section 13(3) of the Lands Act confines challenges to re-entry to the Lands Tribunal; High Court lacks jurisdiction for such re-entry disputes.
Lands — Re-entry — Section 13(3) Lands Act — Certificate of re-entry — Jurisdiction — Lands Tribunal vs High Court — "may" in statute — mode of commencement of proceedings.
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22 June 2023 |
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Whether uncorroborated evidence from detained/interested witnesses can be relied upon; recent possession and other circumstances provided "something more" to uphold convictions.
Criminal law – identification evidence – witnesses with interest/accomplices – requirement of corroboration or "something more"; recent possession doctrine; failure to lift fingerprints not necessarily fatal.
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8 June 2023 |
| May 2023 |
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A will-drafter is not an impliedly appointed executor or estate counsel absent clear naming or specific instructions.
Wills — appointment of executors — express vs implied appointment; drafting and custody of a will do not imply appointment as executor; reference to "my lawyers" must identify counsel; Legal Practitioners (Practice) Rules — practitioner must act only on instructions; Wills and Administration of Testate Estates Act s.52(2) — reimbursement of legitimate expenses incurred under revoked probate.
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31 May 2023 |
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Renewed leave to appeal refused: letter‑of‑credit disputes were factual/private, not points of law of public importance.
Letters of credit — strict compliance doctrine — issuing bank's obligation qualified by documents 'appearing on their face' to comply; UCP 600 Article 34; point of law of public importance — novelty insufficient; leave to appeal — prospects of success.
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24 May 2023 |
| April 2023 |
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Interpretation of a credit-life master policy: individual insurance contracts arise with borrowers; failure to comply with insurer-requested medical tests defeats a claim.
Insurance law — Credit life Master Policy — Distinction between master policy and individual contracts — Beneficiary cession to creditor — Claims procedure and duty to comply with insurer-requested medical examinations — Effect of refusal to undergo tests.
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20 April 2023 |
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Appeal against rape conviction dismissed: weak identification cured by corroborative bruises and prior recognition, conviction upheld.
Criminal law — Rape — Identification evidence; recognition vs identification; need for caution and careful testing of identification; identification parade; corroboration by injuries (bite and bruises); accused’s duty to explain incriminating connecting evidence; appeal dismissed despite trial misdirection.
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14 April 2023 |
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Inadmissible hearsay from a police investigation fatally undermined the prosecution, leading to acquittal for the appellant.
Criminal law – Murder – Admissibility of hearsay from police investigations – Circumstantial and ballistic evidence – Photographic evidence requiring oral explanation – Burden of proof and choice of inference favourable to accused.
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14 April 2023 |
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Causation and malice aforethought established from assault targeting the head and indifferent conduct; appeal dismissed.
Criminal law – causation (s.207 Penal Code) – when an assailant is liable despite intervening acts; Malice aforethought (s.204(b)) – inference from weapon, target (head) and indifference; appeal against murder conviction dismissed.
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13 April 2023 |
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Unsworn assertions of provocation or self‑defence insufficient against credible sworn eyewitness testimony; appeal dismissed.
Criminal law – Murder – Evaluation of unsworn statement versus sworn eyewitness testimony – Provocation and self‑defence – Corroboration of accused’s extra‑judicial assertions.
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13 April 2023 |
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Joint, severe assault by three appellants causing death justified inference of malice aforethought; convictions and sentences upheld.
Criminal law — Murder — Causation and malice aforethought inferred from joint severe assault — Lack of post-mortem evidence as to implements — Judicial interventions not amounting to substantial miscarriage of justice.
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3 April 2023 |
| March 2023 |
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One-year deadline to dispose labour complaints should be interpreted purposively; expiry does not automatically divest the court of jurisdiction.
Industrial and Labour Relations Act — section 85(3)(b)(ii) — one-year time limit for disposal — purposive vs literal interpretation — jurisdiction — whether expiry of one year automatically divests court of jurisdiction — remittance and reallocation — Guardall decision reversed.
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10 March 2023 |
| February 2023 |
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Review application filed before an appeal does not justify reopening judgment absent genuine fresh evidence.
Civil procedure — review of judgment (Order XXXIX r.1) — timing of leave to appeal — review barred only if leave and appeal exist when review application filed — fresh evidence for review must pre-exist judgment, be undiscoverable with reasonable diligence, and be material — subsequent charging/arraignment not fresh evidence.
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23 February 2023 |
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A council must make the requisite by-laws/standing orders before imposing levies; parking levy by public notice was unlawful and refundable.
Local Government Act (ss.69, 70) - By-laws mandatory for imposition of levies; standing orders required for council contracts (ss.63,64) - Public notice insufficient for parking levies - Unjust enrichment and restitution.
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17 February 2023 |
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Respondents who voluntarily accept revised separation terms by applying under the scheme are treated as having accepted the contractual variation.
Employment law – Variation of contractual terms – Acceptance by conduct – Voluntary separation scheme – Terminal benefits – Multiplier applied to gross pay – Recalculation of benefits – Early retirement claims.
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9 February 2023 |
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Employees who voluntarily exit under a revised separation scheme can be deemed to have accepted the revised terms by their conduct.
Employment law – Variation of contractual terms – Acceptance by conduct – Voluntary separation scheme – Calculation of terminal benefits – Unilateral variation – Early retirement and statutory amendments (non‑retrospective).
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9 February 2023 |
| 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 |