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Citation
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Judgment date
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| December 2016 |
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Plaintiff proved repayment of monies spent for the company but failed to prove entitlement to 30% shares or claims against director and third company.
Company law – claims against directors personally – requirement to plead facts showing personal liability; Contracts – alleged oral agreement to transfer shares – statutory requirement for written contract where value exceeds prescribed threshold and company Articles may restrict transfers; Equity/Trusts – implied/resulting trust or obligation to refund monies expended for company benefit; Employment – unpaid salary and notice entitlements; Defamation – publication by company does not necessarily create personal liability for director absent pleaded facts.
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22 December 2016 |
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An unlawful lock‑out of the applicant, despite substantial payment, constituted wrongful eviction and breach of tenancy, meriting damages.
Tenancy law – wrongful lock‑out/eviction; proof and service of notice; implied covenant to pay rent; estoppel against landlord insisting on strict advance payment; trespass and conversion – proof of seizure and inventory; defamation – requirement of publication; assessment of damages – special v general damages; interest and costs.
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22 December 2016 |
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Applicant’s defence failed: written sale agreement and demands negate bona fide triable issues; judgment granted upon payment of stamp duty.
* Civil procedure – summary suit (Order 36/14) – leave to defend – requirement of bona fide triable issue; parol evidence rule bars oral variation of written agreement. * Contract – sale of goods/vehicle – condition precedent to payment (invoice) and whether demand letters constitute invoices. * Evidence – admissibility of document alleged unstamped; stamp duty technicality does not defeat contractual claim but judgment deferred until stamp duty paid. * Interest – contractual interest only; claim for commercial rate abandoned.
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22 December 2016 |
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Court upheld arbitral principal award, found no arbitrator bias, but substituted excessive 24% interest with agreed 11% per annum.
Arbitration — setting aside awards; public policy and excessive interest; contract and admission as basis of award; fair hearing and admissibility of valuation evidence; variation (not vacation) of arbitral interest award.
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21 December 2016 |
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Court upheld arbitral principal award but reduced an excessive 24% interest to the parties' agreed 11% per annum.
Arbitration – setting aside award – limited grounds under s.34 Arbitration and Conciliation Act; Interest – compensatory nature of interest, discretion to award, manifestly excessive/unconscionable interest; Public policy – unjust enrichment and contractual rate; Natural justice – fair hearing and opportunity to adduce evidence; Variation of arbitral award by court.
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21 December 2016 |
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Termination by defendant was wrongful for failing to give contractual notice; plaintiff awarded limited special and general damages, interest and costs.
Distributorship/agency — validity of termination — required contractual notice; wrongful revocation of agency under Contracts Act 2010; proof of performance evaluations; damages — limitation of speculative future profits; assessment of special and general damages; interest and costs.
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20 December 2016 |
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An intergovernmental organisation enjoys functional immunity for acts in its official functions; plaintiff's copyright suits dismissed.
Diplomatic and functional immunity of intergovernmental organisations; extension of diplomatic privileges by statutory instrument; distinction between immunities of staff and organisation; functional scope and exceptions (commercial/professional acts outside official functions); availability of dispute‑resolution mechanisms under a headquarters agreement.
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20 December 2016 |
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A mere admission of charging a fee is not an unequivocal admission entitling the applicant to judgment on admission.
Civil procedure – Order 13 r.6 CPR – judgment on admission requires clear, unequivocal admission of the claim; partial factual admissions insufficient; Evidence Act s.22 – admitted facts must require no further proof; parties may still lead evidence on justification where admission is limited.
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19 December 2016 |
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Bank entitled to rely on court-issued letters of administration; fraud proved against administrator who obtained and transferred title.
Registration of Titles – mortgage redemption – reliance on court-issued letters of administration – bank’s duty of verification; Fraud – obtaining letters of administration by false representation; Remedies – compensatory damages for fraudulent transfer; bank’s negligence and damages for failure to assist an owner who resurfaced.
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19 December 2016 |
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Leave to appeal refused where applicant failed to challenge the High Court’s finding that arbitrator objection was time‑barred.
* Arbitration – challenge to arbitrator – time‑bar under section 13(2) – objections must be made within 15 days of discovery of circumstances justifying challenge. * Leave to appeal – test is whether there are arguable points of law deserving appellate consideration; preliminary dispositive points must be addressed. * Conflict of interest – substantive allegations need not be considered where procedural time‑bar disposes of the application.
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19 December 2016 |
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Applicant failed to prove statutory grounds to set aside the arbitral award; application dismissed with costs.
* Arbitration — Setting aside arbitral awards — Limited statutory grounds under s.34 — Applicant must prove incapacity, invalid agreement, lack of notice, excess of mandate, improper composition/procedure, corruption or conflict with public policy. * Arbitration — Delivery of award — s.31 timing and enlargement of time — delay caused by non‑payment of arbitrator’s fees not per se a breach. * Arbitration — Withdrawal from proceedings — s.32 — unilateral withdrawal not authorized and does not necessarily vitiate proceedings. * Arbitration — Evident partiality/corruption — party alleging must prove procurement by corruption, fraud or undue means.
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16 December 2016 |
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A post-agreement audit-based set-off may justify leave to defend, but plaintiff awarded summary judgment subject to a stay pending counterclaim.
Civil procedure – summary suit under Order 36 – leave to defend – genuine set-off or counterclaim as triable issue; Evidence – estoppel by deed – post-agreement audit report; stay of execution pending counterclaim.
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16 December 2016 |
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No signed agreement authorised invoice deductions; defendant’s counterclaim barred by limitation and plaintiff awarded US$70,036 plus interest and costs.
Contract of carriage – consignment notes as prima facie evidence of contract; incorporation and construction of exclusion clauses; limitation of actions – six‑year bar to contract/tort claims; restitution for wrongful deductions; requirement of a concluded written agreement for standing deductions (20%/30%).
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16 December 2016 |
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An insurer paying commission to an unlicensed agent cannot recover it; the transaction is illegal under the Insurance Act.
* Insurance law – Licensing of insurance agents – Sections 72 and 37 Insurance Act – Prohibition on acting as agent without licence and on paying commission to unlicensed intermediary; contract clause requiring licence (cl.3.3).
* Illegality – ex turpi causa non oritur actio – statutory illegality renders contract unenforceable and bars recovery based on that illegality.
* Remedies – insurer cannot recover commissions or obtain declarations where payment was made to an unlicensed intermediary in breach of statute.
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16 December 2016 |
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A public corporate body was held liable to pay for services accepted despite procurement irregularities due to apparent authority of its officers.
Contract law – quantum meruit; indoor management rule/apparent authority binds public corporate bodies; public procurement non‑compliance does not automatically bar recovery where services were accepted and benefited the public body; corporate liability for acts of officers.
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9 December 2016 |
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A third party may seek review of a consent order but must specifically prove fraud, collusion, mistake, or illegality to succeed.
* Civil procedure — Consent judgments — Review by third parties — aggrieved party must have interest or legal grievance to seek review. * Consent judgment — Grounds for setting aside — fraud, collusion, agreement contrary to public policy, misapprehension/ignorance of material facts — must be specifically pleaded and proved. * Public policy — consent orders enforcing regulatory aims are not per se contrary to policy. * Misapprehension of facts — must relate to state of mind of consenting parties. * Administrative/regulatory context — import licence and verification of genuine goods under External Trade Act/UNBS requirements.
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7 December 2016 |
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Application to set aside default judgment dismissed for lack of authority, evidence and absence of triable defence.
* Civil procedure – setting aside default judgment – Order 9 Rule 27 – requirement of good cause/sufficient reason; * Company litigation – affidavit on behalf of a company must show authority of deponent; * Negligence/mistake of advocate may amount to good cause only if it is an error of judgment and is supported by evidence; * Requirement to produce documentary proof of instruction to counsel, travel or medical incapacity; * Proposed defence must disclose serious triable issues to justify granting relief.
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7 December 2016 |
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The applicant lacked locus to review the consent order because the import-license Statutory Instrument was ungazetted and invalid.
* Administrative law – Statutory instruments – Ministerial order requiring gazettement to be effective; ungazetted statutory instrument invalid and without commencement.
* Civil procedure – Locus standi – Whether an applicant is "aggrieved" under section 82 where claimed rights rest on an invalid subsidiary legislation.
* Judicial review – Review of consent judgment – applicant lacking legal or equitable interest cannot seek review.
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7 December 2016 |
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Applicant entitled to repayment and damages where respondent falsely represented authority under an invalid power of attorney.
Registration of Titles Act s.146 – validity of powers of attorney; agency – representation and authority to sell registered land; Contracts Act s.167 – liability where one fraudulently represents oneself as an agent; misapplication/unjust enrichment; remedies: repayment, general damages, contractual and post-judgment interest, costs.
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1 December 2016 |
| October 2016 |
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Plaintiff delivered non‑conforming goods and breached the sale; corporate defendant awarded damages; director not personally liable.
Contract law — sale of goods — conformity to sample/specification — breach for non‑conforming delivery; company director’s signature — capacity and limited liability; proof of special damages; assessment of general damages; award of interest and costs.
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28 October 2016 |
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Application to dismiss for want of prosecution refused; mandatory mediation and scheduling rules govern progression.
Civil procedure — dismissal for want of prosecution (Order 17 r.5 CPR) — interaction with mandatory court‑annexed mediation (Judicature (Mediation) Rules 2013) and scheduling conference (Order 12 r.1 CPR) — discretionary refusal to dismiss where plaintiff made reasonable efforts to commence mediation and defendant failed to file mediation summaries.
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28 October 2016 |
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Whether the State must pay proved creditors of divested public enterprises when divesture proceeds are insufficient.
Public enterprises divestiture – PERD Act – liability for creditors when divesture proceeds insufficient – State duty to seek budgetary support; incorporation by reference of Development Credit Agreement; ex-gratia payments do not extinguish proved debts; proof of authority to sue by corporate creditors.
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28 October 2016 |
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Plaintiff not liable for seconded expert’s PAYE; agency notice and denial of tax clearance were unlawful.
* Tax law – PAYE – distinction between employer and seconding non‑resident management company; employee seconded on behalf of AMSCO not taxable through the client. * Tax exemption – application of project agreement and Ministry of Finance communication treating AMSCO/eligible personnel as tax‑exempt. * Income Tax Act s.83(1) – withholding tax payable by non‑resident recipient, not payer. * Third‑party agency notices – limits and proper target; erroneous notice against client where funds owed to non‑resident. * Tax clearance – improper refusal where relevant liabilities were wrongly assessed and/or remuneration held tax‑exempt.
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27 October 2016 |
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Amendment to add unpaid-invoice particulars denied as creating a time-barred new claim and prejudicing the respondent.
Civil procedure – Amendment of pleadings – Order 6 r.19 – Distinction between correction/particularisation and introducing new cause of action – Limitations of actions – s.3(1) Limitation Act – Special damages require specific pleading and proof – Prejudice where respondent has closed its case.
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25 October 2016 |
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Consolidation refused where first respondent’s bankruptcy petition admits the debt, rendering consolidation unnecessary; application dismissed with costs.
* Civil procedure – consolidation of suits – when consolidation is appropriate or serves useful purpose. * Insolvency law – effect of a bankruptcy petition and statement of affairs on related proceedings and creditor claims. * Arbitration – impact of an arbitration clause where debt is admitted in insolvency proceedings. * Stay/striking out – interplay between arbitration obligations and bankruptcy processes.
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17 October 2016 |
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Consent judgment’s costs clause bars recovery of unpleaded, unproven debt‑collection expenses; each party bears its own costs.
Contract law – Consent judgment – Costs clause; Special damages – debt‑collection expenses require pleading and evidence; Pleadings – unpleaded claims cannot be proved; Mortgage Act – statutory notice and lawful recovery procedures; Agency/service‑level agreements – enforceability and expiry issues.
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17 October 2016 |
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Application to review judgment denied: court found service and representation established; no sufficient grounds for review; application dismissed with costs.
Civil procedure — Review of judgment under Order 46 r.1 and s.82 CPA — grounds for review (new evidence, error apparent on face, "other sufficient reason") — service and representation — where defendant filed a written statement of defence and was represented, review refused; application to add party — dilatory and abuse of process.
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14 October 2016 |
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Affidavit irregularity alone did not justify reviewing an executed ex parte seizure under section 79(2); remedies left to the main suit.
Trademarks Act s.79(2) – ex parte orders for inspection and removal of alleged infringing materials; Review under Order 46 – newly discovered evidence and error on face of record; Affidavit irregularity – effect on jurisdiction and validity of orders; Execution of order – mootness and remedies in main suit.
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14 October 2016 |
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Objection decisions under the Income Tax Act are binding; a conditional stay on tax recovery was granted pending legal issues.
Tax procedure – temporary injunction – principles for injunctive relief; Income Tax Act – objection decision binding; remedy by appeal under section 100 within 45 days; Commissioner cannot validly review objection decisions (except minor corrections); alleged post-objection assessments may be ultra vires.
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14 October 2016 |
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Application to appear and defend dismissed for non‑compliance with Order 1 rule 12 written‑authority requirement.
* Civil procedure – preliminary objection – competence of application – Order 1 rule 12(2) CPR requires written authority for one defendant to represent others; absence is incurable. * Leave to appear and defend – supporting affidavit defective for non-compliance with representation formalities – application dismissed. * Court will not consider merits once procedural incompetence is established.
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14 October 2016 |
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Sickness of counsel, proven by medical evidence, can constitute sufficient cause to set aside a dismissal and reinstate the application.
Civil procedure – Order 9 r.22 & r.23 CPR – dismissal for non-appearance – reinstatement for sufficient cause – illness of counsel as sufficient cause – setting aside registrar’s default decree.
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10 October 2016 |
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Defendants remain jointly and severally liable for the unpaid loan balance after an unchallenged sale of mortgaged land.
* Property law – Mortgagee's power of sale – duty to obtain true market value but sale valid unless set aside.
* Evidence – Certificate of title conclusive proof of ownership (Registration of Titles Act s.59).
* Contract law – joint and several liability of co‑debtors (Contracts Act s.38).
* Valuation disputes – conflicting valuation reports and failure to challenge sale affect remedies.
* Remedies – bank entitled to balance, interest and costs where sale proceeds do not extinguish debt.
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10 October 2016 |
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Partnership terminated by mutual conduct on incorporation of a company; original land held as tenants in common to be valued and split 50/50.
* Partnership law – existence and cessation – conduct of parties and incorporation of a company as evidence of termination of partnership. * Parol evidence and written partnership agreements – where deed contains no dissolution clause, extrinsic evidence of subsequent conduct is admissible to show termination. * Breach of partnership obligations – obligation to deliver vacant possession; failure to do so constitutes breach. * Property – land contributed to partnership held tenants in common; absent transfer to company, land remains subject to division between former partners.
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10 October 2016 |
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Whether procurement irregularities render the applicant's contract unenforceable and bar recovery for unpaid certified services.
* Public procurement – effect of non‑compliance with PPDA Act 2003 – non‑compliance does not automatically render a contract void unless statute prescribes or contractor participated in illegality. * Retrospectivity – 2006 Local Government procurement regulations not retrospective to 2004 contract. * Burden of proof – once contract and bid award admitted, burden shifts to procuring entity to prove illegal procurement. * Contract remedies – contractual clause fixing interest for late payment governs remedies; quantum meruit not applicable where contract enforceable. * Illegal contract – court will not allow statute to be used as instrument of fraud against innocent contractors.
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7 October 2016 |
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Applicant failed to show an arguable case or irreparable harm; injunction restraining mortgagee’s sale dismissed with costs.
Injunctions – temporary injunction against enforcement of mortgage; Prima facie/arguable case requirement (American Cyanamid); Irreparable injury – sale of mortgaged security not irreparable per se; Mortgagee’s right to sell on default; Balance of convenience secondary where primary limbs fail.
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6 October 2016 |
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Failure by the Commissioner to serve a written VAT objection decision allows the taxpayer to elect to treat the objection as allowed, barring enforcement.
* Tax law – VAT – Objection to assessment – Section 33B VAT Act – Commissioner’s duty to serve written objection decision within 30 days – Failure permits taxpayer’s election to treat objection as allowed.
* Administrative law – Judicial review – Validity of tax demand and enforcement following statutory non-compliance by tax authority.
* Procedure – Demand for payment does not constitute a written objection decision.
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5 October 2016 |
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Whether respondents breached the uniform‑supply contract and must return unused fabric; applicant awarded unpaid balance and damages.
Contract — Manufacture and supply of uniforms — Existence and terms of written four-year contract — Payment terms: 60% deposit and 40% on delivery — Performance and delivery — Alleged poor workmanship and delay — Termination — Counterclaim for return of bailed fabric — Lien not upheld after termination — Remedies: unpaid balance, limited compensation, interest, and costs.
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3 October 2016 |
| September 2016 |
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Temporary injunction to halt collection of import duty increments denied for lack of prima facie case, defective pleadings, and change of status quo.
Civil procedure – Temporary injunction – requirements: prima facie case, irreparable injury, balance of convenience; Status quo – injunction must preserve not change it; Representative suits – need for representative order and supporting affidavit; Taxation – collection of import duties; Monetary loss generally compensable by damages or statutory refund.
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28 September 2016 |
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Forwarder validly exercised contractual and common-law lien, sold goods after unpaid charges, and recovered the shortfall.
Commercial law – agency and forwarding – possessory and contractual lien – retention and sale of goods for unpaid demurrage, storage and taxes; burden of proof for claimed payments; valuation by supplier invoice and URA customs entry.
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26 September 2016 |
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Ex parte judgment and execution set aside where service on multiple defendants was not shown to comply with statutory rules.
Civil procedure – service of process – requirements for personal or agent service under Order 5 and Order 3; recognised agent and power of attorney; substituted service and necessity to attach plaint – setting aside ex parte judgment and execution where service defective.
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21 September 2016 |
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Allegations of fraud and negligent supervision tolled limitation; statutory bank can be sued and preliminary objections dismissed.
Contract law – privity of contract; Tort – negligence and duty of care of regulatory/statutory bodies; Limitation of actions – Section 25 (fraud postpones limitation); Res judicata – requires same parties and substantially same cause; Agency – statutory bodies may sue and be sued contrary to common‑law agent/principal rule; Consent judgments – may be impeached by fresh suit where fraud is pleaded.
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14 September 2016 |
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Applicant's delayed objection to arbitrator's alleged conflict dismissed; arbitrator ordered to file final award within 14 days.
Arbitration/Referee references – challenge to arbitrator for impartiality; disclosure and conflict of interest; waiver and timing of objection under Arbitration and Conciliation Act (secs 12–13); interplay with Judicature Act s.27 and Order 47 CPR; court intervention limited where matter is referred to arbitrator.
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9 September 2016 |
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Denial of indebtedness and disputed repayments suffice to grant leave to appear and defend under Order 36 r.4.
Civil Procedure – Order 36 r.4 CPR: leave to appear and defend; denial of indebtedness and disputed account entries constitute a bona fide triable issue; court should not try merits at leave stage; preliminary points (eg. limitation) may be reserved for trial.
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8 September 2016 |
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Sale under execution set aside conditionally due to absence of reliable reserve valuation and valuation witness not cross-examined.
Civil procedure – execution of consent judgment – sale by private treaty subject to reserve price – admissibility of valuation evidence and right to cross-examination – duties of court bailiffs to judgment creditor – setting aside sale when reserve price indeterminate.
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5 September 2016 |
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An appeal raising mixed questions of law and fact and lacking the formal decree and certified ruling is incompetent and dismissed.
* Tax appeals – competence – appeals limited to questions of law under VAT appeals regime – mixed questions of fact and law require leave to appeal.
* Civil procedure – necessity to extract formal decree/order – failure renders appeal premature and incompetent.
* Appeal records – requirement to attach certified copy of decision/ruling – omission makes record incurably defective.
* Appellate powers – High Court’s ability to re-evaluate facts in VAT appeals is constrained absent statutory leave.
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2 September 2016 |
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A conditional loan offer accepted by the plaintiff constituted a binding contract; defendant breached it by withdrawing the refinancing application and revoking the offer.
Contract formation — conditional bank loan offer accepted by borrower created binding contract despite absence of formal loan agreement; Consideration present (interest).; Breach — lender withdrew refinancing application and revoked offer although refinancing authority had not denied application; lender obliged to pursue and inform borrower of queries.; Damages — special damages strictly pleaded and proved; prospective profits not awarded without sufficient evidence; interest and costs awarded.
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1 September 2016 |
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Bank negligently failed to credit proven deposits; plaintiff awarded damages, but plaintiff remains indebted and defendant’s counterclaim succeeds.
Banking law – banker–customer duties – failure to credit deposits – negligence; duty of confidentiality – exception for reporting suspected fraud; overdraft/loan restructuring – bank not obliged to convert facilities on request; debt write-off and insolvency classification – counterclaim allowed.
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1 September 2016 |
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Seizing and selling a leased vehicle without the contractual 14‑day notice renders the sale unlawful; lessee entitled to value and damages.
Lease finance – default – contractual notice requirement – seizure and sale of leased asset without 14 days’ notice – unlawful sale – failure to prove outstanding balance – special damages must be specifically pleaded and proved.
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1 September 2016 |
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A consent settlement entered and partly performed in court bars setting aside a default decree absent fraud or collusion.
Civil procedure – Order 36 rule 11 CPR – setting aside default decree for ineffective service – consent judgment entered in court – binding effect of consent orders – grounds to set aside consent (fraud, collusion, mistake, ignorance of material facts) – waiver by part performance.
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1 September 2016 |
| August 2016 |
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Arbitral clause required referral; application to restrain sale dismissed and dispute referred to arbitration.
Arbitration – stay and referral of court proceedings – application of section 5(1) Arbitration and Conciliation Act; Temporary injunction – American Cyanamid principles – prima facie case, irreparable harm, balance of convenience; Proprietary rights – vendor may sell property subject to existing tenancy/encumbrances; Interim relief – courts may grant interim measures pending arbitration but must not decide matters reserved for arbitral tribunal.
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26 August 2016 |
