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Citation
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Judgment date
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| December 2020 |
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Court upheld security for costs order, allowing appeal to proceed with a 30-day extension for deposit compliance.
Appeal – Security for costs – Discretion of single Justice – Timeliness of filing – Receivership and impact on litigation
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21 December 2020 |
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21 December 2020 |
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10 December 2020 |
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Existing access road constituted an easement; excavation was trespass and improperly obtained stay/appeal dismissed.
Civil procedure – appealability and leave to appeal; contempt – elements (lawful order, knowledge, ability to comply, failure to comply) and clean hands doctrine; Property law – easements (requirements, enjoyment without servient owner’s consent) vs Access to Roads Act; Agency/power of attorney – donor must have legal title to confer authority; Trespass – interference with easement constitutes trespass.
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10 December 2020 |
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4 December 2020 |
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The appeal contending registrar's negligence in failing to register a caveat was dismissed; loss was due to court orders.
Property Law – Caveats – Negligence – Responsibility of Registrar – Loss of land through court proceedings not attributed to non-registration of caveat.
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4 December 2020 |
| November 2020 |
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30 November 2020 |
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24 November 2020 |
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20 November 2020 |
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20 November 2020 |
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20 November 2020 |
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20 November 2020 |
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20 November 2020 |
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20 November 2020 |
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The appeal was withdrawn following a consent settlement agreement involving a full settlement payment by the appellant.
Civil procedure – Appeal withdrawal – Settlement agreement – Consent of parties – Settlement of claims and costs.
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13 November 2020 |
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13 November 2020 |
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9 November 2020 |
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Court extended interim stay of execution under its inherent powers due to COVID‑19 delays, pending hearing of the substantive matters.
Court of Appeal – extension of interim injunction/stay of execution – Rule 2(2) inherent powers – Judicature Act authority – COVID‑19 delay to court business – procedural relief without addressing merits of debt.
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5 November 2020 |
| October 2020 |
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Court refused interim stay of execution where applicant failed to prove imminent threat of execution despite notice of appeal.
* Civil procedure – interim stay of execution – concurrent jurisdiction of Court of Appeal and High Court – ordinarily first made in High Court; Court of Appeal may intervene in exceptional cases.
* Requirements for interim stay – notice of appeal lodged; substantive application pending; absence of undue delay; demonstrable serious and imminent threat of execution.
* Evidence – applicant must show extraction of decree, warrant of execution or clear acts amounting to imminent execution; photographs alone may be insufficient.
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30 October 2020 |
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Whether respondent was a bona fide purchaser despite appellants' fraudulent procurement of title and defective documents.
Land law; evidence and credibility; Illiterates Protection Act—requirements for translation/certification; fraud in procurement of special certificate of title; bona fide purchaser for value without notice (Registration of Titles Act s.181); limitation—cause of action and discovery.
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28 October 2020 |
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27 October 2020 |
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27 October 2020 |
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Application for certification to appeal rejected; bona fide occupancy requires 12 years' personal unchallenged occupation before 1995, not inheritable.
Civil procedure – Certification for final appeal – Rule 39(1)(a) Judicature (Supreme Court) Rules and section 6(2) Judicature Act; Land law – Interpretation of 'bona fide occupant' under section 29(2)(a) Land Act; whether qualifying occupancy (12 years unchallenged before 1995) can be established by inheritance; evidence threshold for certification of matters of public or general importance.
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23 October 2020 |
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Applicants failed to show entitlement to appellate intervention or stay pending appeal; application dismissed.
* Civil procedure – jurisdiction and order of hearing – Court of Appeal concurrent jurisdiction but applications for stay should be made first in High Court (Rule 42). * Exceptional intervention – criteria where appellate court may hear application first: substance, unreasonable delay/refusal by High Court, apparent error on face of record. * Stay of execution – requirements: substantive application pending, likelihood of success, imminent threat/irreparable harm, no undue delay. * Mortgage law – injunction against sale of mortgaged property contingent on compliance with Mortgage Regulations (including 30% deposit requirement).
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19 October 2020 |
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16 October 2020 |
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16 October 2020 |
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14 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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13 October 2020 |
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An appeal filed after failure to take essential steps and outside the prescribed time is incompetent and will be struck out.
Civil procedure – Striking out appeal – Rule 82 Court of Appeal Rules – failure to take essential step – notice of appeal filed out of time – incompetence of appeal – leave to appeal conditions.
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8 October 2020 |
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A letter of bid acceptance under the PPDA does not become a binding contract without a signed written contract and required approvals.
Public procurement – Formation of contract – Letter of bid acceptance vs written signed contract – PPDA Act s.76 and Regulations (regs.225,230,308,132,336) – Valuation/reserve price and cancellation/re-advertisement (regs.315,329(5),334) – Preliminary objection disposing suit.
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2 October 2020 |
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2 October 2020 |
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Court struck out a reference against a consent judgment due to procedural incompetence and lack of jurisdiction.
Civil Procedure - Consent judgment - Judicial endorsement - Procedural competence - Jurisdiction - Fraud - Misrepresentation
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2 October 2020 |
| September 2020 |
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Appellate court confirms no commission entitlement for existing customer loan facilitation due to employment contract silence.
Contract Law - Entitlement to Commission - Evaluation of contractual terms for commission eligibility on existing client loans
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25 September 2020 |
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Whether a guarantor is bound by tenancy terms and whether the interest award and delay were appropriate.
Guarantee law – accessory nature of guarantee and co-extensiveness with principal obligation; privity of contract not a bar to enforcing a guarantee; contractual clause preserving guarantor liability against forbearance/delay; appellate discretion to vary excessive interest awards; delay in judgment – whether it causes miscarriage of justice.
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24 September 2020 |
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15 September 2020 |
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15 September 2020 |
