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Citation
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Judgment date
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| December 1996 |
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Civil Procedure|Company Law|Legal personality|Winding Up of A Company
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6 December 1996 |
| November 1996 |
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8 November 1996 |
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7 November 1996 |
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Plaintiffs had standing and a cause against the appointing body, but sued wrong individual Regents; court substituted the Orukuraato and awarded costs.
Civil procedure – preliminary objections – non‑compliance with procedural form not necessarily fatal where intention in pleadings clear; locus standi – plaintiffs may enforce cultural rights under Article 37; cause of action – plaint disclosed reasonable cause against institution but not against individual Regents; substitution of parties – court may strike out improperly sued individuals and substitute the proper appointing body (Orukuraato) under O.1 r.10(2) CPR.
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5 November 1996 |
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Plaintiffs had standing and a cause of action, but the wrong individual Regents were sued; the Orukuraato should be substituted and costs awarded.
• Civil procedure – preliminary objections – locus standi, cause of action and misjoinder of parties; substitution of parties under Order 1 rule 10(2) and inherent jurisdiction.
• Constitutional law – Article 37 – right to promote culture and standing to enforce cultural institutional rights.
• Parties – institutional defendant (Orukuraato) vs individual Regents; costs for suing wrong parties.
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5 November 1996 |
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4 November 1996 |
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Guilty plea to manslaughter accepted, sentence reduced due to provocation and time in custody.
Criminal Law – Manslaughter – Guilty plea accepted – Consideration of provocation and custodial period in sentencing.
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4 November 1996 |
| October 1996 |
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Court awards damages for defamatory publication alleging criminal offenses against the plaintiff, ruling in his favor.
Defamation - Libel - Publication of false allegations - Imputation of criminal offenses - Remedies for defamation.
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28 October 1996 |
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The court ruled the respondent ineligible to challenge election results due to invalid nomination.
Election law – Validity of nomination – Compliance with Section 40(1) requirements – Capacity to petition as a candidate.
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18 October 1996 |
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Whether a retirement circular formed a binding contract and whether the bank could offset a housing loan from termination benefits.
Contract law – Circulars as invitation to treat; application form as offer and acceptance mechanism; incorporation of special repayment terms for secured housing loan into voluntary termination contract; unlawful offset of housing loan and retention of title deed; entitlement to damages and costs.
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17 October 1996 |
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Civil Procedure|Contract Law|Privity of Contract
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17 October 1996 |
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Employer breached retirement-package terms by offsetting and using the plaintiff’s retirement payments to repay a secured housing loan without agreed repayment terms.
Employment law – voluntary early retirement schemes – circulars as invitations to treat and part of contractual matrix; secured housing loans – requirement that repayment terms be agreed before departure; employer’s offsetting of retirement benefits – breach and damages.
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17 October 1996 |
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10 October 1996 |
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High Court set aside a consent taxation for material irregularity and ordered a fresh bill prepared and re-taxed in accordance with taxation rules.
* Civil Procedure Act s.84 – Revisionary powers – High Court may call for record where lower court or Registrar acted with material irregularity or injustice.
* Taxation of costs – Registrar’s taxation may be set aside even if entered by consent where it results in injustice or fails to comply with applicable rules.
* Advocates (Remuneration and Taxation of Costs) Rules, 1932 – Requirement to separate service and professional charges; bill items must be provable and not exaggerated or repeated.
* Instruction fees – must be computed on the amount actually awarded in judgment, not on claimed or counter-claimed sums.
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7 October 1996 |
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Registrar's excessive taxation based on unawarded damages set aside; Bill of Costs quashed and fresh taxation ordered.
Civil Procedure – Taxation of costs – Revision of Registrar's taxation – Instruction fee based on unawarded amounts – High Court revisional jurisdiction – Procedural defects in Bill of Costs – Consent orders and setting aside on grounds of injustice.
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7 October 1996 |
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High Court set aside a registrar's consent taxation for material irregularity and ordered fresh taxation complying with taxation rules.
Civil procedure — Revision — High Court calling for record under section 84 CPA where a Registrar/taxing officer acted with injustice or material irregularity; Taxation of costs — consent taxation and limits to setting aside absent fraud/undue influence; Instruction fees — must be computed on judgment amount, not unawarded counter-claim; Bill of Costs — compliance with The Advocates (Remuneration and Taxation of Costs) Rules 1932 and SI No.3 of 1998; Setting aside taxation and remitting fresh taxation.
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7 October 1996 |
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Election petition dismissed for lack of evidence proving substantial non-compliance or illegal practices affecting results.
Election petition – Non-compliance and illegal practices – Standard of proof beyond reasonable doubt – Dismissal of petition
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4 October 1996 |
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4 October 1996 |
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An expired practising certificate does not automatically invalidate an affidavit commissioned under the Commissioners for Oaths Act.
Election petitions – preliminary objections – competence of joint replies by Returning Officer and Electoral Commission; mandatory filing fees – requirement and proof of payment; affidavits commissioned by an advocate with expired practising certificate – effect under Commissioners for Oaths (Advocates) Act; locus standi and ex parte consequences.
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3 October 1996 |
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Court held joint replies and replies accompanied by affidavits commissioned by an uncertificated advocate remain competent; fee objection failed.
* Electoral law – Election petitions – Competence of replies – Whether a Returning Officer may join with the Electoral Commission in a joint reply.
* Civil procedure – Filing requirements – Effect of alleged non-payment of mandatory filing fees on competence of pleadings.
* Evidence/Procedure – Affidavits – Validity of affidavits commissioned by an advocate whose practising certificate had expired; interplay between the Advocates Act and the Commissioners for Oaths (Advocates) Act.
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3 October 1996 |
| September 1996 |
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An election petition filed in the wrong district registry is incompetent; a lapsed advocate practising certificate alone does not invalidate filings.
* Election law – Election petition venue – Rule 5(6) Parliamentary Elections (Election Petitions) Rules – Mandatory filing at District Registry of constituency – failure to comply renders petition incompetent and deprives court of jurisdiction. * Civil procedure – Preliminary objections – wrong registry/venue – competence and jurisdiction. * Advocates – Practising certificate – lapse of certificate does not automatically invalidate documents or render petition incompetent. * Evidence – Affidavit allegations as matters of evidence/credibility, not necessarily incurable defects.
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24 September 1996 |
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An election petition filed in the wrong High Court registry under mandatory Rule 5(6) is incompetent and is struck off.
Election law – Parliamentary Elections (Election Petitions) Rules 1996, Rule 5(6) – filing venue mandatory – petition filed in wrong High Court registry is fatal and incompetent; Procedure – affidavits commissioned by advocates without valid practising certificates examined; substantive justice vs. procedural compliance – mandatory statutory filing rules cannot be ignored.
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24 September 1996 |
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Application for payment by instalments struck out for procedural defect and lack of sufficient supporting evidence.
Civil procedure – Payment of decretal judgment by instalments – s.101 Civil Procedure Act – Proper procedure: Chamber summons under Order 18 r.1 CPR required – Notice of Motion improper – Sufficiency of cause: financial hardship and sickness require evidence – Bona fides and prior conduct of judgment debtor relevant; applications may be struck out for procedural defect and lack of proof.
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18 September 1996 |
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Application to pay judgment debt by instalments struck out for wrong procedure and insufficient, non‑credible evidence.
Civil procedure – application to pay decretal amount by instalments – proper procedure: Chamber Summons under Order 18 CPR v Notice of Motion; Court’s inherent jurisdiction under section 101 Civil Procedure Act to vary payment terms; sufficiency of evidence of sickness/financial incapacity; bona fides and prior conduct of judgment debtor in instalment applications.
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18 September 1996 |
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An election petition without a valid accompanying affidavit cannot be amended and was struck out to protect statutory filing limits.
* Election law – Parliamentary Elections (Election Petitions) Rules 1996 – Rule 3 and Rule 4(8) – petition must be accompanied by a valid affidavit; invalid affidavit (commissioned by person without valid practising certificate) renders petition non-existent; amendment cannot cure non‑existent petition; striking out and costs. * Statutory time limits – section 90(3) – amendments cannot be used to evade filing deadlines.
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16 September 1996 |
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An election petition lacking a valid accompanying affidavit cannot be amended and must be struck out; costs awarded.
Election law – requirement that an election petition be accompanied by a valid affidavit – validity of affidavits commissioned by advocates/commissioners lacking valid practising certificates – inability to amend a non-existent petition – amendment cannot be used to circumvent statutory filing periods.
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16 September 1996 |
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Allocation of public land without following statutory re-entry/forfeiture procedure is unlawful; plaintiff’s lease restored and title cancelled.
Public Lands Act – re-entry and forfeiture – statutory notice, opportunity to remedy and gazettement required before reallocation; Registration of Titles Act – registered title prima facie absolute but defeasible where registration procured by illegality/fraud; Time in lease agreements – effect of registration delay and parties’ conduct on whether time is of the essence; Illegality in allocation of public land – nullity of subsequent title obtained without compliance with mandatory procedures; Remedies – declaration, restoration/extension of lease, cancellation of certificate of title, costs.
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16 September 1996 |
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A petition filed in the wrong High Court registry is incompetent and may be struck off; Rule 5(6) is mandatory.
Election law – Procedure – Rule 5(6) of the Parliamentary Elections (Election Petitions) Rules, 1996 is mandatory; petitions relating to constituencies within a High Court District must be presented at that District Registry; misfiling is fatal and renders a petition incompetent; involvement of advocates without valid practising certificates raises disciplinary concerns.
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14 September 1996 |
| August 1996 |
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Petition struck off for being filed at the wrong High Court registry; Rule 5(6) mandatory and Rule 10(2) requires prior court direction.
Election law – Election petition filing – Rule 5(6) mandatory requirement to present petition at the district registry covering the constituency; Election law – Trial venue – Rule 10(2) allows trial outside registry area only upon prior court direction for special reasons; Civil procedure – Technical objections – Rule 26 inapplicable where petition improperly presented.
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30 August 1996 |
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The applicant's challenge to taxation failed because the taxing officer properly applied the 1996 Rules and exercised judicial discretion.
Taxation of costs — application of Advocates (Remuneration and Taxation of Costs) Rules — 1982 Rules read with 1996 Amendment — commencement and effect of amendment — scope for interfering with taxing officer's exercise of discretion — requirement to specify alleged wrong principles in appeal.
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22 August 1996 |
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Whether the 1996 amended Advocates' taxation rules applied and whether the taxing officer misapplied principles or exceeded discretion.
* Taxation of costs – application of Advocates (Remuneration and Taxation of Costs) Rules – effect of 1996 Amendment replacing sixth schedule to 1982 Rules.
* Administrative law – appellate review of taxing officer’s exercise of discretion – interference only in exceptional cases.
* Evidence – inadmissibility of unauthenticated newspaper cutting to prove value of subject matter.
* Costs – instruction fees and assessment of quantum; inclusion and disallowance of items in taxation.
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22 August 1996 |
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21 August 1996 |
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19 August 1996 |
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Registered ownership supports trespass claim; unreliable valuation defeats claimed special damages; general damages awarded.
Property law – trespass – extraction of murram – registered title as prima facie possession – customary tenant’s authorization insufficient – valuation evidence for special damages must be reliable and scientific; general damages appropriate where special damages are unproved.
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16 August 1996 |
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15 August 1996 |
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High Court grants bail under section 51(4) TID due to trial delays from absent witnesses, enforcing specific conditions.
Criminal Procedure - Bail pending trial - Section 51(4) Trial on Indictment Decree - Conditions for bail admittance - Delayed trial due to absence of witnesses.
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14 August 1996 |
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12 August 1996 |
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A company’s name/share transfers do not discharge its employer obligations; breach entitles employee to damages, interest and costs.
Employment law – Contract continuity despite corporate name/share transfers – Change of company name does not extinguish employer’s obligations; indemnity/sale among shareholders cannot defeat employee’s contractual rights; employee not shown to have absconded; damages for breach of fixed‑term employment contract (special and general), interest and costs.
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8 August 1996 |
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The accused was acquitted due to weak identification evidence and failure to establish a prima facie case.
Criminal law – Defilement – Essential elements of the offence – Prima facie case – Weak identification evidence.
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8 August 1996 |
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Accused acquitted of murder due to insufficient evidence and lack of prima facie case by prosecution.
Criminal Law – Murder charge – Submissions of no case to answer – Requirement of prima facie evidence – Insufficient evidence by prosecution.
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5 August 1996 |
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1 August 1996 |
| July 1996 |
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Medical proof of penetration without corroboration of a child’s unsworn identification is insufficient to convict for defilement.
* Criminal law – Defilement – Elements: victim’s age, penetration, identity of perpetrator. * Evidence – Child witness unsworn testimony requires corroboration under the Oath Act. * Medical evidence – Hymenal rupture establishes penetration but does not alone corroborate identification of the assailant. * Burden of proof – Prosecution must prove every essential element beyond reasonable doubt.
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29 July 1996 |
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Accused convicted of kidnapping with intent to murder; s.235(2) presumption applied and compulsion defence failed, sentenced to four years.
Criminal law – Kidnapping with intent to murder – Elements and burden of proof; statutory presumption under s.235(2) where victim not seen for six months; defence of compulsion (s.16) requires threat of instant death or grievous bodily harm; assessment of witness inconsistencies and sentencing discretion for first offenders.
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29 July 1996 |
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17 July 1996 |
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Civil Procedure
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16 July 1996 |
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16 July 1996 |
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16 July 1996 |
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16 July 1996 |
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Criminal law
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5 July 1996 |
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Improper discharge for abduction under reconciliation; court required Section 125 MCA application for case disposition.
Criminal procedure – discharge of accused – reconciliation under Section 156 MCA inapplicable for abduction charges – proper use of Section 125 MCA.
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1 July 1996 |