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Citation
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Judgment date
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| June 2013 |
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Donor‑funded project assets embodied in corporate shares required valuation; shares partly held in trust for the programme, not immediate cash award.
Microfinance/project transformation – donor‑funded assets and shares – resulting/implied trust; legal v beneficial ownership of shares; need for professional valuation to determine compensable interest; public‑interest litigation; remedial accounting.
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28 June 2013 |
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Applicant entitled to foreclose and sell mortgaged land after respondent's default and unproven repayment claim.
* Mortgage law – Foreclosure – Right of mortgagee to foreclose where mortgagor breaches covenant to pay – O.37 r.4 CPR; s.8(1) Mortgage Act. * Evidence – Burden to prove alleged repayments – receipts/ledger entries required. * Remedy – Foreclosure, sale of mortgaged property, vacant possession and costs.
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27 June 2013 |
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Court ordered a company meeting under s135 to protect a 51% shareholder’s interests pending resolution of director-removal disputes.
Companies Act s135 – court-ordered meeting where Articles’ procedures impracticable; temporary injunction vs majority-shareholder rights; corporate governance – removal of director; validity of removal as bank signatory; Civil Procedure Act s98 – ancillary powers to organise meeting.
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24 June 2013 |
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Claim for breach of a loan insurance term dismissed; insurance existence not disproved and execution disputes must be raised in execution proceedings.
Banking law – salary loan – obligation to procure group insurance; scope of "disability" under group loan protection; burden of proof as to existence/non-existence of insurance policy; execution matters (attachment/sale) to be litigated in execution proceedings; remedy: dismissal with costs.
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21 June 2013 |
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Breach claim for unpaid loan insurance dismissed; group policy existence and plaintiff’s compensation defeated relief.
* Contract – loan facility – obligation to procure group insurance – whether bank breached by failing to insure against death and "disability" (scope includes medical disability, not necessarily dismissal). * Evidence – burden to prove non-existence of policy; absence of policy document weakens but does not automatically establish breach. * Remedies/Execution – disputes over attachment/sale and receipt of proceeds are matters for the executing court under section 34 Civil Procedure Act. * Insurance – scope and definitions (temporary/total permanent disability) determine entitlement to insurer’s payment.
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21 June 2013 |
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An oral claim for a commission exceeding the statutory threshold is unenforceable absent the written agreement required by law.
Contracts Act s.10(4) – Statutory requirement that contracts exceeding 25 currency points be in writing is mandatory; oral/ social communications insufficient; preliminary objection under O.6 rr.28–30 may be decided on pleadings.
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19 June 2013 |
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A court-appointed auditor’s binding report under s.27 established the defendant’s unpaid debt; damages, interest and costs awarded to the plaintiff.
* Commercial law – sale of goods – recovery of unpaid price; reference under S.27 Judicature Act. * Evidence – burden of proof lies on party asserting payment; failure to produce documentary proof (receipt) undermines defence. * Procedure – parties bound by court-appointed expert’s report absent breach of natural justice. * Remedies – special damages as per expert report, general damages for deprivation and consequential losses, interest and costs.
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13 June 2013 |
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Contractor entitled to disputed invoices and withheld sums; unauthorized deductions disallowed, awarded damages and interest.
Contract — entitlement to payment despite absence of original invoices where work proved; unauthorized contractual deductions — burden to justify; VAT payable by supplier not to be deducted by payer; damages for late payment and appropriate rates of pre- and post-judgment interest.
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7 June 2013 |
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Plaintiff was awarded fees for completing tax consultancy services despite defendant's claims of prior payment.
Contract law - oral agreements - consultancy fees - breach of contract allegations - evidence on contract terms and completion.
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6 June 2013 |
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Conversion of debt into equity is a capital transaction and does not create taxable recouped income under section 62.
* Tax law – Income Tax Act s.62 – Recouped expenditure – Requirement of actual recovery or event inconsistent with basis of deduction; * Debt‑equity swap – conversion of loan (principal and accrued interest) into equity is a capital transaction, not taxable income; * Corporation tax – assessment on capitalized interest disallowed.
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5 June 2013 |
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Carrier unlawfully retained a paid wagon (constructive possession), liable for loss; plaintiff awarded damages, interest and costs.
• Carriage of goods – retention of wagon – constructive possession where carrier controls transport decision; unlawful retention when payment proven.
• Evidence – weight of correspondence and payment records during transitional collection arrangements (URC/defendant).
• Remedies – special damages, interest, general damages and costs where unlawful retention causes spoilage.
• Counterclaim – failure where plaintiff proved payment for disputed wagons.
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5 June 2013 |
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Failure to serve the Order Nisi on the judgment debtor invalidated the garnishee Order Absolute and protected advocates’ taxed costs.
Civil procedure – Garnishee proceedings – O.23 CPR – mandatory service of Order Nisi on garnishee and judgment debtor; defective affidavit of service; taxed advocates’ costs not attachable by garnishee; failure to serve renders Order Absolute void.
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5 June 2013 |
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Respondent who fails to rebut invoices and ledger is liable for the pleaded commercial debt with 21% interest.
Commercial law – summary suit for debt – proof by invoices and ledger – agency defence unproved – ex parte evidence due to respondent’s non-attendance – liability for pleaded sum – interest at 21% p.a. – costs awarded.
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4 June 2013 |
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Agency plea unproven; defendant liable for unpaid commercial tea supply, judgment for debt, 21% interest and costs.
Commercial debt – summary suit for unpaid goods – documentary evidence (vouchers, invoices, ledger) establishing liability; agency defence – burden to prove agency lies on defendant and failure to adduce evidence defeats plea; interest on commercial debts – 21% p.a. from filing; substituted service and ex parte hearing where defendant absents.
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4 June 2013 |
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Plaint dismissed: no cause of action shown; non‑parties and an agent of a disclosed principal cannot be sued.
* Civil procedure — Preliminary objection — plaint must disclose a cause of action per O.7 r.11; assume pleaded facts true when assessing legal sufficiency. * Contract/privity — a person not party to a contract (no privity) cannot be sued for its breach. * Agency — agent who discloses principal: action lies against disclosed principal, not agent. * Jurisdiction/non‑existent party — foreign or non‑existent entity not shown to exist or be within jurisdiction cannot be validly sued.
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4 June 2013 |
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Court quashed procurement authority’s decision for procedural impropriety in ignoring material technical reports.
Procurement law – judicial review – procedural impropriety for failing to consider material technical evidence; PPDA Act powers to commission investigations; certiorari to quash flawed administrative review.
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4 June 2013 |
