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Citation
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Judgment date
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| March 2022 |
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31 March 2022 |
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31 March 2022 |
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Stay pending appeal denied for failure to show likelihood of success, substantial loss, or to provide security.
Civil procedure – Stay of execution pending appeal – Requirements under Order 43 r.4(3): notice of appeal, no unreasonable delay, likelihood of success, imminent execution, substantial/irreparable loss, and security for due performance – Failure to furnish memorandum of appeal or security and inability to show substantial loss justifies dismissal.
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29 March 2022 |
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Court found that the first defendant fraudulently transferred and mortgaged estate property, cancelling his title and the mortgage.
Land law – Certificate of title – Conclusive proof of ownership but vitiated where registration procured by fraud – exceptions under Registration of Titles Act. Fraud – Particular pleading and strict proof required – suppression of material facts and false suggestions as constituting fraud. Remedies – Declarations cancelling title and mortgage, release of certificate of title, registration of administrators, damages and interest.
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25 March 2022 |
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A consent decree cannot be executed by attachment where the decree‑holder has not performed reciprocal obligations, including depositing title deeds.
Execution of decrees – Consent decree executable but subject to its terms; Reciprocal obligations – executing party must be ready and able to perform obligations imposed by the decree before unilateral enforcement; Specific performance and equity – purchaser acquires equitable interest on enforceable sale and vendor holds legal title in trust; Attachment in execution – only property belonging to judgment debtor or over which they have disposing power may be attached; Stay of execution – appropriate where decree‑holder has not performed conditional obligations (deposit of title deeds).
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24 March 2022 |
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Family burial ground dedicated on privately registered land is not attachable in execution; plot released from attachment.
Civil procedure – objector proceedings; possession vs. title in attachment; family burial ground dedication; limits on disposing power of registered proprietor; attachability of land; fraud in title acquisition (burden and standard of proof).
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23 March 2022 |
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Mortgage Regulations require 30% deposit to stop a mortgagee sale; applicant failed to justify interlocutory injunction.
Mortgage law – Regulation 13, Mortgage Regulations 2012 – “pay now, argue later” principle; 30% security deposit required to adjourn or stop sale by mortgagee; interim injunctions affecting mortgagee sales; primafacie case, irreparable harm and balance of convenience for interlocutory relief; review of Registrar’s order for material irregularity.
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23 March 2022 |
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Whether the applicant may foreclose and recover proceeds after the respondent's unlawful distress and sale post winding-up petition.
Security interests – floating charge – crystallisation upon presentation of winding-up petition – mortgagee’s right to foreclose and realise security. Jurisdiction – Tax Appeals Tribunal exclusivity – procedural Tax Procedures Code Act does not oust High Court jurisdiction over priorities between secured creditors and tax recovery. Insolvency – commencement of liquidation prohibits distress or execution (s.97 Insolvency Act) – distress and sale after commencement void. Recovery of proceeds – application of void-sale proceeds to secured creditor’s debt. Costs – costs follow the event.
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21 March 2022 |
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High Court held it has jurisdiction; floating charge crystallised on winding‑up petition; revenue authority’s distress and sale were void; proceeds applied to secured debt.
Security and insolvency – Floating charge crystallisation upon presentation of winding‑up petition; secured creditor’s right to foreclose and take possession; tax recovery – warrant of distress and sale after commencement of liquidation void under Insolvency Act; jurisdiction – Tax Procedures Code Act procedural and does not oust High Court’s original jurisdiction; recovery of proceeds of void sale to satisfy secured debt; costs awarded.
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21 March 2022 |
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The applicant may tax an advocate-client bill; oral contingency fee agreements are void and unenforceable.
Advocates Act – fee agreements – section 51 requirements for written, signed and notarised fee agreements – non-compliance renders agreement unenforceable. Contingency/percentage fees – Regulation 26 and section 55 restrict sharing proceeds; oral contingency agreements may be void. Advocate-client bill of costs – sections 57 and 58 – delivery, 30-day client right to demand taxation, and taxation procedure. Court powers – leave to present advocate-client bill for taxation where client does not demand within statutory period.
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18 March 2022 |
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16 March 2022 |
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Applicants entitled to immediate execution of 2013 vacant‑possession order; warrant of execution and costs granted.
Civil procedure – Execution of orders – Executability of vacant-possession order; locus standi of decree-holder or purchaser to execute; section 34 Civil Procedure Act – questions between parties or their representatives; limitation under Limitation Act and Civil Procedure Act; absence of subsisting appellate stay; exclusion of property from execution.
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16 March 2022 |
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Section 34 does not bar a separate suit where non‑parties are implicated and settlement terms are not in the consent judgments.
Civil Procedure Act s.34 – ancillary jurisdiction in execution – applies only to questions between parties to the suit or their representatives arising in the suit and relating to execution, discharge or satisfaction of the decree. Consent judgments – only terms expressly incorporated into the judgment become enforceable as court orders; private settlements incorporated by reference undermine public hearing and enforceability. Non‑parties and representatives – persons not parties to the original suit are generally not bound under s.34. Relief based on settlement terms not in the consent judgment are not amenable to enforcement under s.34 and require substantive adjudication.
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7 March 2022 |
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Consent judgment set aside where misrepresentation, mutual mistake and confidentiality breach undermined its enforceability.
Civil procedure – Consent judgment – When a consent judgment may be set aside: misrepresentation, mistake, fraud, illegality or public policy breach. Contract law – Misrepresentation and mistake – non-disclosure of purchaser’s financial incapacity as material and voiding consent. Public law – Right of access to courts – incorporation of confidential settlement by reference into a public consent decree undermines enforceability and public scrutiny. Change of circumstances – Repudiation shortly after judgment can be unforeseen event justifying rescission.
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7 March 2022 |
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The applicant was indebted at sale; sale held lawful; penal interest reduced; some securities unlawfully retained by the bank.
Mortgage law — default, demand and notice to sell; banker–customer duties and disclosure; validity of sanction letters and loan facilities; assessment of excessive penal interest; valuation, advertisement and sale by auction; bona fide purchaser protection.
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7 March 2022 |
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Court granted leave to attach and sell vehicle collateral pre-judgment after finding a good arguable case and risk of depreciation.
Civil procedure – Attachment before judgment (Order 41 r.6; s.64 Civil Procedure Act) – pre-judgment sale of movable collateral; Mareva-type principles; requirement of good arguable case; ‘subject to speedy and natural decay’ test; duty of full and frank disclosure; cross-undertaking in damages; proportionality.
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7 March 2022 |
