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Citation
|
Judgment date
|
| December 2017 |
|
|
Civil Procedure|Actions and applications
|
29 December 2017 |
|
Voluntary retirement, if conducted in compliance with law, satisfies the eligibility requirement for public servants vying for parliamentary seats.
Election Law – qualifications for nomination – requirement for resignation or retirement from public service – evidence of compliance with retirement – meaning of 'resignation' vs 'retirement' in electoral law – effect of post-retirement salary payments – setting aside of election court’s nullification of parliamentary election.
|
29 December 2017 |
|
Civil Procedure|Actions and applications
|
22 December 2017 |
|
Notice of Appeal|Late filing and extension of time to appeal|Elections|CL
|
21 December 2017 |
|
Appeal in election petition dismissed for lack of credible evidence of electoral malpractice; trial court’s decision upheld.
Electoral law – Election petitions – Standard and burden of proof – Voter bribery – Admission and evaluation of affidavit evidence – Premature closure of polling stations – Role of first appellate court – Costs in election petitions.
|
19 December 2017 |
|
Civil Procedure|Actions and applications
|
18 December 2017 |
|
Court of Appeal upholds dismissal of an election petition, emphasizing strict compliance with procedure and evidentiary standards in electoral disputes.
Election law – Parliamentary election petition – appeal – extension of time – sufficient cause – admissibility of evidence – procedural requirements – burden and standard of proof in election petitions – pleading new allegations outside original petition – bribery – use of government resources.
|
18 December 2017 |
|
|
18 December 2017 |
|
|
14 December 2017 |
|
Civil Procedure|Appeals and reviews|Re-Hearing An Appeal|Public Interest|CL
|
13 December 2017 |
|
CL|Civil Appeal Procedure|Special Leave to Appeal|Public Or General Importance|Conveyance
|
12 December 2017 |
|
Civil Procedure|Actions and applications|Appeals and reviews
|
12 December 2017 |
|
|
12 December 2017 |
|
|
5 December 2017 |
|
A petition dismissed for technical defects was reinstated to allow substantive inquiry into alleged electoral malpractice and forgery.
Election law – Admissibility of uncertified Declaration of Results Forms – Filing of additional affidavits in election petitions without leave – Compliance with Illiterates Protection Act and Oaths Act – Substantive justice versus technicalities – Evidence in election petitions alleging forgery or result alteration.
|
5 December 2017 |
|
An appeal court upheld rulings on land ownership while preserving third-party interests and distributing costs among parties.
Land law – Proprietorship – Inclusion of third-party interest – Freehold tenure – Permanent injunction scope.
|
5 December 2017 |
|
Civil Procedure|Appeals and reviews
|
5 December 2017 |
|
|
5 December 2017 |
Civil Procedure|Actions and applications|Constitutional Law|Elections
|
5 December 2017 |
Civil Procedure|Appeals and reviews|Notice of Appeal|Conduct of proceedings|Preliminary Objections
|
1 December 2017 |
|
|
1 December 2017 |
| November 2017 |
|
|
Civil Procedure|Appeals and reviews
|
29 November 2017 |
|
Civil Procedure|Actions and applications|Appeals and reviews
|
29 November 2017 |
|
|
29 November 2017 |
|
Criminal law
|
22 November 2017 |
|
|
22 November 2017 |
|
|
22 November 2017 |
|
Property Law|Leases and tenants|Tenancy
|
20 November 2017 |
|
|
20 November 2017 |
|
|
20 November 2017 |
Civil Procedure|Actions and applications
|
20 November 2017 |
|
Appellant failed to prove bribery or substantial non‑compliance; improperly procured recantations struck out, election upheld.
Electoral law – Election petitions – burden and standard of proof: proof on balance of probabilities ‘to the satisfaction of court’; admissibility and procurement of recantation affidavits; requisites to prove bribery (must show recipient is a registered voter; need for corroboration); commissioning requirements for affidavits; effect of non‑compliance on election results (must be shown to affect result substantially); appellate re‑evaluation of evidence.
|
20 November 2017 |
|
|
17 November 2017 |
Joinder|Amendment to Pleadings|Company Law|Separate Legal Personality|Breach of Contract|CL
|
16 November 2017 |
|
Security For Loan|Corporate Finance|Burden of Proof|CL
|
15 November 2017 |
|
An application for interim injunction is dismissed due to lack of evidence of property status and improper litigation conduct.
Civil Procedure – Interim injunction – Matrimonial property and spousal consent – Abuse of court process.
|
15 November 2017 |
|
Civil Procedure|Actions and applications|Appeals and reviews
|
15 November 2017 |
|
|
15 November 2017 |
|
|
14 November 2017 |
|
Criminal law
|
10 November 2017 |
|
Civil Procedure
|
10 November 2017 |
|
Criminal law
|
7 November 2017 |
|
Criminal law
|
7 November 2017 |
|
Criminal law
|
7 November 2017 |
|
Criminal law
|
7 November 2017 |
|
Criminal law
|
7 November 2017 |
|
|
7 November 2017 |
|
Criminal law
|
7 November 2017 |
|
Criminal law
|
7 November 2017 |
|
Criminal law
|
7 November 2017 |