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Citation
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Judgment date
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| September 2025 |
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A party may amend a plaint to claim special damages, even late, if no undue prejudice results and real issues are clarified.
Civil procedure – amendment of pleadings – discretion of the court – leave to amend plaint to claim special damages – absence of draft amended plaint – prejudice to opposing party – guiding principles for amendments – delay and bad faith as grounds for refusal – costs to be reserved to main suit.
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1 September 2025 |
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A plaintiff successfully recovered contract sums, damages, interest, and costs after the defendant failed to pay for agreed services.
Contract – Breach – recovery of sums owing and expenses incurred under contract – failure to pay for services – general damages – interest – costs – formal proof – interlocutory judgment.
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1 September 2025 |
| August 2025 |
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A temporary injunction was refused where the property had already been sold after applicants failed to comply with court orders.
Civil Procedure – Temporary Injunction – Mortgage property – Effect of sale and transfer during litigation – Non-compliance with conditional interim court order – Principle of Ut pendent nihil innovetur – Application overtaken by events – Clean hands doctrine – Abuse of process.
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31 August 2025 |
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Default judgment granted for plaintiff for UGX 129,721,000 with 20% interest and costs after substituted service.
Civil procedure – Summary procedure (Order 36) – Default judgment – Substituted service – Affidavit of service – Entitlement to decree not exceeding claim – Interest under Section 27 of the Civil Procedure Act – Costs.
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30 August 2025 |
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Applicants granted unconditional leave to defend summary suit on a motor vehicle sale involving fraud and contract breach allegations.
Summary procedure – Leave to appear and defend – Bona fide triable issue – Allegations of fraud and breach of contract in motor vehicle sale – Criteria for granting unconditional leave – Summary judgment discretion.
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30 August 2025 |
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Default judgment entered for plaintiff in summary procedure for liquidated sum where defendant failed to seek leave to defend.
Civil procedure – Summary judgment (Order 36 Rules 2 & 3) – Liquidated demand – Written contract – Default judgment for failure to apply for leave to defend – Recovery of debt for delivery of goods.
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30 August 2025 |
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A company restored to the register regains legal capacity to maintain a suit, and pleadings cannot be shifted by submissions.
Civil Procedure – Striking off and restoration of company – Legal capacity to prosecute suit after reinstatement – Departure from pleadings – Companies Act.
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29 August 2025 |
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Court grants Anton Piller Order for inspection and seizure of allegedly infringing footwear but refuses ex parte injunction against trademark infringement.
Intellectual property – trademarks – interlocutory relief – Anton Piller Order – ex parte application – standards for grant – interlocutory injunction – necessity of inter-partes hearing – risk of destruction of evidence – remedies for trademark infringement.
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29 August 2025 |
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An application to lift the corporate veil to enforce a judgment failed for lack of attempts at execution and supporting evidence.
Company law – Lifting the corporate veil – Judgment execution – Premature application – Requirements for demonstrating frustration of execution – Personal liability of directors for company debts.
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29 August 2025 |
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Court orders recovery of outstanding contract sum, damages and interest after Defendant's failure to pay for goods supplied.
Contract law – breach of contract – sale of goods – failure to pay purchase price – entitlement to unpaid balance, general damages, interest and costs – ex parte judgment where defendant does not appear.
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29 August 2025 |
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The court granted a summary warrant for recovery of outstanding property rates, finding statutory procedures and jurisdiction properly satisfied.
Local Government – Property rates – Jurisdiction for summary warrant where rates owed exceed magistrates’ pecuniary jurisdiction – Whether statutory procedures for valuation and demand were followed – Non-payment of property rates – Consequences of failure to object or pay within time.
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29 August 2025 |
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Default judgment entered for the applicant on a liquidated contractual debt after the respondent failed to seek leave to defend.
Civil procedure – summary procedure (Order 36) – default judgment – liquidated contractual debt – interest and costs.
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29 August 2025 |
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Advocate’s maternity leave alone, without plaintiff’s diligent follow‑up, was not sufficient cause to reinstate the dismissed suit.
Civil procedure — Reinstatement of dismissed suit — Order 9 r.18 CPR — "Sufficient cause" for non‑appearance — Advocate’s maternity leave — Duty of litigant to follow up — Acquittal in criminal proceedings does not bar civil claim.
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29 August 2025 |
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An application for leave to appeal filed out of time without explanation or extension is incompetent and struck out.
Civil Procedure – Application for leave to appeal – Time limits – Rule 40(2)(a) Judicature (Court of Appeal Rules) – Whether leave application filed out of time without request for extension is competent.
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29 August 2025 |
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Application to set aside orders dismissed for repeated non-appearance and inordinate delay under Order 17 rule 4.
Civil procedure — Application to set aside orders (Order 9 r.23) — Non-appearance and inordinate delay — Dismissal for want of prosecution under Order 17 r.4 — Court's discretion under s.98 Civil Procedure Act.
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28 August 2025 |
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The High Court held that the Tax Appeals Tribunal lacked authority to impose civil contempt sanctions and clarified the proper ambit of the 30% deposit rule.
Tax Appeals Tribunal – Appeals – Ancillary and final orders – Jurisdiction of the High Court to hear appeals from TAT including contempt findings. Tax Administration – Interpretation of section 15(1) of The Tax Appeals Tribunals Act – 30% deposit requirement – Scope of ‘tax assessed’ including self-assessment and additional assessments. Contempt of court – Tax Appeals Tribunal contempt powers – Distinction between civil and criminal contempt – Statutory limits on Tribunal’s power to impose sanctions.
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27 August 2025 |
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A suit was dismissed due to the plaintiff's failure to appear and lack of prosecution after due notice was served.
Civil procedure – dismissal for want of prosecution – non-appearance of plaintiff – discretion of court under Order 17 rule 4 – efficient administration of justice.
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27 August 2025 |
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Court set aside an arbitral award for exceeding reference scope and arbitrator’s non-disclosure of potential bias.
Arbitration—Setting aside arbitral award—Excess of jurisdiction—Relief granted on unpleaded issue—Quantum meruit—Natural justice—Impartiality and disclosure duties of arbitrator—Bias.
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26 August 2025 |
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Court validates disputed late defence to protect substantive justice over a technical service/timing default.
Civil procedure – service of summons on corporations – requirement that recipient be secretary, director or principal officer; service on advocate – limited by instructions; procedural default vs substantive justice – validation of belated pleadings where bona fide defence exists; Section 98 Civil Procedure Act and Article 126(2)(e) Constitution.
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26 August 2025 |
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Negligence by counsel to attach evidence in a summary suit affidavit does not constitute sufficient cause to justify review or setting aside the judgment.
Civil Procedure – Review – Order 46 Civil Procedure Rules – Setting aside summary judgment – Discovery of new evidence – Negligence of counsel – Sufficient cause – Bank statements – Responsibility for evidence in affidavit practice.
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25 August 2025 |
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Applicant failed to show sufficient cause to reinstate a suit dismissed under Order 17 Rule 4; affidavit in reply admitted.
Civil procedure – Reinstatement of suit – Order 17 Rule 4 finality – Order 9 Rule 18 power to set aside dismissal – Service and notices via ECCMIS – Change of advocates – Late affidavit in reply – Prejudice and judicial discretion.
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23 August 2025 |
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Plaintiff proved borrower’s breach; UGX 82,456,958 plus contractual 21% interest and costs awarded.
Contract law – Personal loan – Breach of loan agreement – Prima facie proof of indebtedness shifts evidential burden to debtor to prove payment – Contractual interest awarded – Costs follow the event.
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22 August 2025 |
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A borrower was granted leave to defend a bank’s summary suit after raising genuine triable issues about loan insurance and disability status.
Civil procedure – summary suits – leave to appear and defend – requirements for leave – bona fide triable issues – loan insurance – disability assessment – third party proceedings – discretion as to costs.
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22 August 2025 |
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Unconditional leave to defend was granted where the applicant raised genuine triable issues regarding contract validity, authorization, and fees.
Civil procedure – summary suit – application for unconditional leave to appear and defend – whether bona fide triable issues exist – challenge to validity and authorization of contract – dispute over contract performance, entitlement to fees, and tax computation.
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21 August 2025 |
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Default judgment granted where defendant failed to apply to defend after valid service in a summary procedure claim.
Civil procedure – Summary procedure under Order 36 – Service at business premises and acknowledgment – Failure to apply for leave to defend – Default judgment – Interest and costs.
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20 August 2025 |
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An application cannot be supported solely by an affidavit based largely on hearsay and opinion from a non-party deponent.
Civil Procedure – Affidavits – Competence of deponent – Whether affidavit evidence must be based on personal knowledge or properly stated grounds of belief – Hearsay, opinion and legal submissions in affidavits – Application dismissed for being supported by incompetent affidavit.
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20 August 2025 |
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Stay of execution denied where applicant failed to show irreparable loss, security, or strong prospects of success.
Civil procedure – stay of execution pending appeal; requirements: notice of appeal; absence of unreasonable delay; imminent execution; substantial/irreparable loss; security for due performance/costs; likelihood of success; balance of convenience.
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20 August 2025 |
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The court dismissed an application for leave to appeal for lack of sufficient evidence of mistake or duress and no triable issue.
Civil procedure – application for leave to appeal – sufficient grounds for leave – exercise of court’s discretion – extension of time to file leave to defend – evidence of sufficient cause – proof of duress – mistake of counsel.
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19 August 2025 |
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A court may stay taxation proceedings of costs pending appeal where the balance of convenience favors the applicant.
Civil procedure – stay of proceedings – taxation of costs – pending appeal – principles applicable to grant of stay – balance of convenience – monetary loss and irreparable harm.
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19 August 2025 |
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Appellant withdrew applications after a consent settlement; court allowed withdrawal and declined to order costs.
Civil procedure – Withdrawal of proceedings – Order 25 Rule 1 CPR – Settlement by consent – Withdrawal of miscellaneous applications – Court’s discretion as to costs (declining to order costs on withdrawal).
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18 August 2025 |
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A stay of execution of a tax tribunal decision pending appeal was granted on condition of a 30% deposit as security.
Tax appeals – stay of execution – requirements for grant of stay pending appeal – substantial loss – imminent threat of execution – balancing of hardships – security for due performance – non-frivolous appeal.
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17 August 2025 |
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A buyer’s claim for set-off against a land seller failed where alleged encumbrances were patent and withholding tax obligations applied.
Contract – sale of land – duties of disclosure – patent and latent defects – caveat emptor – recusal of judicial officer – perceived bias – withholding tax – business assets – counterclaim and set-off – apportionment of costs.
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16 August 2025 |
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Application for stay of execution pending review of consent judgments dismissed for failure to meet criteria and applicant’s dilatory conduct.
Civil procedure – stay of execution – criteria for granting stay – review and setting aside of consent judgments – res judicata and lis pendens – security for judgment debt – conduct of parties and abuse of court process.
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15 August 2025 |
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A party cannot set aside a consent judgment without clear evidence of mistake, fraud, or undue influence.
Civil procedure – Consent judgment – Setting aside – Grounds – Mistake – Undue influence – Necessity of clear proof – Binding effect of parties’ signatures – Timeliness of affidavits in reply.
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15 August 2025 |
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Court declined to lift the corporate veil for lack of evidence of fraud or failed execution, dismissing personal liability claims against directors and guarantors.
Company law – lifting the corporate veil – personal liability for company debt – requirement for strict proof of fraud or abuse of company form – necessity to exhaust execution remedies – directors and guarantors’ liability under disputed settlement arrangements.
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12 August 2025 |
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A fresh suit is incompetent where a previous suit on the same cause of action was dismissed for nonappearance under Order 9 rule 22.
Civil procedure – Dismissal of suit for nonappearance – Institution of fresh suit on same cause of action – Order 9 rules 22 and 23 of Civil Procedure Rules – Bar on fresh suits – Competency of suit – Illegality overrides pleadings.
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12 August 2025 |
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An inordinate delay in seeking leave to appeal, attributed to counsel’s inaction, was held insufficient to warrant extension of time.
Civil procedure – Extension of time – Leave to appeal – Sufficient cause for delay – Procedural compliance – Prejudice to respondent – Whether failure of counsel amounts to excusable mistake or professional judgment – Grounds for leave to appeal.
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12 August 2025 |
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An interim injunction stopping foreclosure must be conditioned on a 30% security deposit, with valuation timing discretion governed by the court.
Mortgage law – interim injunctions – application of Regulation 13 of the Mortgage Regulations 2012 – requirement for 30% security deposit when stopping or adjourning mortgaged property sale – acceptable basis for valuation – effect of government assurances of payment – computation of security deposit where loan amount is disputed.
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9 August 2025 |
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Applicant raised triable issues; court granted unconditional leave to appear and defend the summary suit.
Civil procedure – Order 36 summary procedure – leave to appear and defend – requirement of a bona fide triable issue. Evidence – disputed execution of agreement; identity of payee/guarantor on bounced cheque; corporate recipient versus personal liability. Contract/Remedies – variance in claimed amounts and legality/enforceability of interest at 5% per month. Remedy – unconditional leave to appear and defend; written statement of defence to be filed within 15 days; costs in the cause.
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7 August 2025 |
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A bank’s failure to properly investigate title and owner consent in a land mortgage led to cancellation of its interest for fraud.
Land law – fraud – transfer of registered land – duty of purchaser and mortgagee to make proper inquiries – bona fide mortgagee – due diligence – cancellation of fraudulent title and mortgage – entitlement to remedies and damages.
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5 August 2025 |
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A subsequent suit to recover purchase consideration dismissed as an abuse where identical issues are already pending.
Civil Procedure Act s.6 — abuse of process; multiplicity of suits — issue directly and substantially in previously instituted suit; same or substantially same parties; pending suit in court with jurisdiction; dismissal of subsequent suit and costs.
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1 August 2025 |
| July 2025 |
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Court clarified limits on outstanding decretal sum and halted interest on undisputed debt, directing parties to cooperate in reconciliation and valuation.
Civil Procedure – Execution of consent judgment – Decretal sum – Account reconciliation – Mortgage enforcement – Interest on undisputed debt – Contempt of court – Cooperation for court-ordered valuation and reconciliation – Enforcement of consent judgment terms.
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31 July 2025 |
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The applicant is granted leave to defend a summary suit due to substantive issues regarding mortgage validity and alleged fraud.
Civil Procedure – leave to appear and defend – whether unconditional leave should be granted – triable issues of fraud and mortgage validity
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31 July 2025 |
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Plaintiff awarded damages and costs for Defendant's breach of loan agreement in default judgment.
Contract Law – Breach of loan agreement – Recovery of outstanding loan amount – Award of general damages and interest.
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31 July 2025 |
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Court ruled Respondent's suit alleging fraud in land ownership had sufficient cause of action, allowing suit to proceed.
Civil Procedure – cause of action – whether alleged fraud establishes cause of action – frivolous and vexatious claims
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31 July 2025 |
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Where a contract contains a binding arbitration clause, disputes must be referred to arbitration and not to court.
Arbitration - Contractual disputes - enforcement of arbitration clause - jurisdiction of court to hear suit in presence of binding arbitration agreement - exceptions to court intervention under Arbitration and Conciliation Act.
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31 July 2025 |
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A certificate of urgency was granted to prevent irreparable harm from imminent diversion of taxed costs during court vacation.
Civil procedure – Certificate of urgency – Payment of taxed costs – Imminent harm – Irreparable injury – Injunction – Protection of rights pending suit – Court vacation hearings.
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30 July 2025 |
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A one-off loan agreement between individuals is enforceable even if the lender is not licensed, subject to reasonable court interest.
Contract Law – Friendly loans – Definition and enforceability – Written loan agreement – Burden of proof – Parol evidence rule – Whether one-off loans between individuals outside licensed lending require regulatory compliance – Interest awarded at court's discretion.
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30 July 2025 |
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A certificate of urgency was granted to allow interim relief proceedings during court vacation due to risk of evidence disposal.
Civil procedure – urgent applications – certificate of urgency – risk of dissipation of evidence – interim relief during court vacation – Anton Piller order – temporary injunction
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30 July 2025 |
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The court set aside Third Party proceedings as res judicata where the same issues had been previously determined and were pending appeal.
Civil procedure – res judicata – Third Party proceedings – prior determination by Industrial Court – proceedings stayed pending appeal – risk of conflicting judgments – inherent powers of the court – setting aside Third Party Notice.
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30 July 2025 |
