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Citation
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Judgment date
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| December 1999 |
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27 December 1999 |
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Advocate’s negligence and appellant’s illness amounted to sufficient cause to reinstate a dismissed appeal.
Civil Procedure — Order 39 r.16 C.P.R — Re-admission of appeal dismissed under Order 39 r.14(2) — "Sufficient cause" — Advocate’s negligence or mistake may constitute sufficient cause — Personal attendance dispensable where advocate properly instructed — Discretion to hear matters on merits.
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16 December 1999 |
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Claim for 50% title failed: transferor lacked registrable title, plaintiff did not prove payment, suit dismissed.
Property law – nemo dat; purported co‑ownership where transferor lacked registrable title – effect; Partnership law – co‑ownership agreement amounting to partnership; Evidence – failure to prove payment/consideration; Fraud – requirements to prove fraudulent transfer; Remedies – wrongful eviction without proven entitlement to possession or special damages.
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16 December 1999 |
| November 1999 |
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An established tour operator with goodwill is entitled to an injunction preventing use of a confusingly similar local company name.
Trade name disputes – passing off – protection of goodwill and reputation – use of confusingly similar company name – entitlement to permanent injunction and costs – dismissal of counter-claim where no established goodwill.
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30 November 1999 |
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Leave to appeal granted where interlocutory affidavits raise substantial legal questions and possible miscarriage of justice.
Civil procedure – leave to appeal – interlocutory ruling – status of affidavits as pleadings or evidence – striking out affidavits for falsehoods or contradictions – requirement for annexing source documents – delay vs. miscarriage of justice.
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17 November 1999 |
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Plaintiff awarded unpaid freight (US$1,883) with interest and costs; detention and trailer claims struck for lack of evidence.
Carriage of goods – proof of contract and unpaid freight – detention charges – requirement of evidence to establish container/trailer detention fees – interest and costs – proceeding ex parte where defendant absent.
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1 November 1999 |
| October 1999 |
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Appropriated parliamentary grants are not "money payable by the Government" for attachment under section 22.
Government Proceedings Act s.22 – meaning of "money payable by the Government"; Appropriation/Restricted grants – not debts liable to attachment; Civil Procedure (Government Proceedings) Rules r.16 – requisites for garnishee/restraining orders; Statutory bodies – appropriated funds vs debtor/creditor relationship.
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27 October 1999 |
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Lorry unlawfully parked in a blind bend caused collision; defendant liable, contributory negligence by plaintiffs not proved.
Motor-vehicle accident – negligence – lorry parked in blind bend causing collision; contributory negligence – not established; passengers’ injuries – amputation and multiple fractures; assessment of general damages; special damages must be specifically proved; costs and interest awarded.
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22 October 1999 |
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Bank held liable for negligent loan administration; plaintiff entitled to refund deposit with interest and costs.
* Banking law – loan administration – agency versus principal – deposit as security/guarantee; implied duty to administer loans professionally and without negligence. * Contract – express and implied terms – professional skill and diligence in loan management. * Security documentation – defective mortgage, mismatched debenture/guarantee dates and title problems. * Negligence – bank liable for negligent administration and recovery. * Equitable relief – refund of deposit with interest and costs; no estoppel to bar refund claim.
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21 October 1999 |
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14 October 1999 |
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Plaintiff failed to prove forgery or link fraud to the mortgagee; claim to invalidate the mortgage dismissed with costs.
Property law – Registered title – Alleged forgery of Power of Attorney – Pleading requirements for fraud – Particulars and joinder of alleged forger – Liability of mortgagee for forged instruments – Burden to impeach registered title.
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14 October 1999 |
| September 1999 |
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Suspension without a fair internal hearing violated natural justice, entitling the applicant to arrears and costs.
Employment law – wrongful suspension and dismissal; natural justice – audi alteram partem in internal disciplinary/investigatory proceedings; admissibility and effect of criminal acquittal in related civil claims; entitlement to salary arrears and remedies where reinstatement is impracticable.
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29 September 1999 |
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Claim for extra transport charges failed for lack of proof of variation to the written contract.
Contract law – whether a written contract was varied; variation must be proven by clear evidence; role of auditors' report in resolving payment and quantity disputes; claims for additional transport charges outside express terms.
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28 September 1999 |
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Court granted conditional stay of execution pending appeal while addressing whether unsealed annexures render an affidavit incompetent.
Commissioners for Oaths – Affidavits – Annexures and exhibits – Rule 8 First Schedule to Commissioners for Oaths (Advocates) Act – requirement to seal and mark exhibits – effect of unsealed annexures on competence of affidavit – stay of execution conditional on security pending appeal.
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23 September 1999 |
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22 September 1999 |
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10 September 1999 |
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Medical evidence failed to prove actual bodily harm; conviction reduced to common assault and appellant released immediately.
Criminal law – assault – distinction between assault occasioning actual bodily harm (s228) and common assault (s227); medical evidence and timing of injuries; evaluation of conflicting witness accounts; sentencing preference for non-custodial penalties in misdemeanors; appellate substitution of conviction and immediate release where custody already served.
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1 September 1999 |
| August 1999 |
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30 August 1999 |
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Central bank possession under the Financial Institutions Statute does not extinguish a seized bank’s corporate personality or its capacity to sue.
Financial Institutions Statute – seizure/possession by central bank – effect on corporate personality – capacity to sue or be sued; Statutory power to manage and litigate does not change name of seized institution; locus standi of advocates – presumption of authority; preliminary objection – technicality should not defeat substantive rights.
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25 August 1999 |
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Conviction quashed where accused was convicted of a differently charged offence; bodily-harm conviction by reckless driving upheld.
* Traffic law – Reckless driving vs dangerous driving – necessity of charging correct statutory offence; conviction cannot stand where accused is tried or convicted for a different, non-cognate offence.
* Evidence – eyewitness and medical evidence – sufficiency to prove causing bodily harm by reckless driving (grievous injury; amputation).
* Evidence – improperly admitted document (vehicle inspection report) – when inadmissible evidence is harmless to prosecution's case.
* Sentencing – appellate interference only when sentence is manifestly excessive; two-year term upheld.
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25 August 1999 |
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Conviction for escaping lawful custody quashed where underlying custody was void and sentencing procedure was irregular.
Criminal law – Escaping from lawful custody – element of lawful custody requires antecedent valid conviction; Criminal procedure – sentencing: requirement to afford accused opportunity to mitigate and to record reasons (Magistrates Courts Act ss.131(2), 134(5)); Improper/irrelevant reasons and excessive sentence – ground for setting aside sentence; Revision – power to quash convictions where underlying lawfulness of custody is removed.
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25 August 1999 |
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A magistrate properly released the accused on bail as a child once medical evidence showed he was under eighteen.
Children Statute — age inquiry (s.108) and medical evidence (s.109) — bail of child (s.91) — medical certificate (PF24) as evidence of age — failure to amend charge sheet not material to jurisdiction — remand only if child's safety requires detention.
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18 August 1999 |
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Whether an employee dismissed for misconduct is entitled to redundancy pay and whether a management's gratuitous promise is enforceable.
Employment law – redundancy v. dismissal for misconduct; presumption of redundancy and its rebuttal; enforceability of informal/gratuitous management promises; requirement of consideration for contractual claims for payment.
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17 August 1999 |
| July 1999 |
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Nine-year unexplained delay and State inaction amounted to abuse of process, warranting stay and dismissal of the accused's charges.
* Criminal procedure – insanity – magistrates' court powers where statutory provision deficient – application of principles of justice, equity and good conscience.
* Criminal procedure – delay – unexplained nine-year pre-trial delay – abuse of court process under Section 19(2) of the Judicature Statute.
* Constitutional right – right to a fair and speedy trial (Article 28(1)) – prejudice from prolonged pre-trial detention.
* State responsibility – prosecution and prison authorities’ failure to progress case – gross inaction warranting dismissal.
* Remedies – stay of prosecution and dismissal of charges; recommendation for law reform to prevent systemic injustice.
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28 July 1999 |
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Conviction based solely on an unsworn child’s evidence and hearsay lacked the independent corroboration required by law, so appellate court acquitted the accused.
Criminal law – Evidence of children – Section 99(3) Magistrates Courts Act requires independent corroboration for unsworn child evidence; hearsay reports of third parties do not constitute corroboration – hostile witness – prior police statement not proved where witness recants – conviction unsafe without material corroboration.
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27 July 1999 |
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Speculative objections that counsel may be a witness must be pleaded; counsel not disqualified until actually called.
Advocate professional conduct – counsel appearing for a company where he is company secretary – alleged likelihood of being called as witness – disqualification only when actually called; court cannot prevent speculative breaches; requirement to plead matters likely to take opposite party by surprise (Order 6 r.5 CPR); costs follow event.
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15 July 1999 |
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Whether Tooro regency exists and whether Orukurato validly appointed lawful regents — court upholds regency.
Customary law – Regency in Tooro Kingdom – existence and codification in 1962 Constitution; Evidence Act ss.13 & 46 – proof of custom; Cultural institutions – capacity and composition of Orukurato to elect regents; Scope of regents’ authority – non‑ritualistic vs ritualistic functions; Testamentary/guardianship law – oral appointment ineffective; Judicial restraint – cultural disputes primarily for cultural assembly.
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13 July 1999 |
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Orukurato lawfully appointed regents; regents limited to non-ritual functions; plaintiff's challenge dismissed with costs.
Customary law — Regency in Tooro — Existence and codification of regency in 1962 Constitution; Orukurato's capacity to elect regents; scope of regents' authority (non-ritual functions only); limits of oral testamentary appointments; standard of proof for custom under Evidence Act.
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13 July 1999 |
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Abolition of entering appearance bars S.17 arbitration stay; defendant’s failure to file defence results in default judgment.
Arbitration Act s.17 – stay pending arbitration; Civil Procedure Order 9 r.1B – objections to jurisdiction/service; abolition of entering of appearance (1998 amendments) – notice to defend ≠ appearance; default judgment for failure to file W.S.D.; adequacy of affidavit of service.
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6 July 1999 |
| June 1999 |
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Registrar erred in staying execution where no stay application existed and deposited title was misleading; execution ordered to proceed.
Civil procedure – Execution – Registrar’s powers – Whether Registrar may stay execution absent an application – Relevance of court broker’s affidavit and valuation under Order 19 r.37 – Personal attendance for show-cause hearing – Fraudulent/misleading security lodged to defeat execution.
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30 June 1999 |
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Unexplained three‑year delay without committal amounted to abuse of process; High Court stayed prosecution and discharged the accused.
Criminal procedure – Abuse of process – Prolonged unexplained pre-trial delay; High Court inherent jurisdiction under s.19(2) Judicature Statute to stay prosecution; Right to fair and speedy trial (art.28(1)) – Factors: length, reasons, prejudice; Magistrates’ courts’ powers to prevent abuse (obiter).
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30 June 1999 |
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Prosecution proved murder by the step‑son; step‑mother convicted as accessory after the fact and given a lenient custodial sentence.
Criminal law – Murder – proof of death, unlawfulness and malice aforethought – direct and circumstantial evidence; Accused liability – principal offender v accessory after the fact; Compulsion as defence; Sentence — credit for remand and mitigation for first offender and dependent children.
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28 June 1999 |
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Summary suit dismissed for inconsistent accounting; occupant conduct proved but counterclaim for mesne profits lacked proof of loss.
Civil procedure – summary suit (Order 33) – plaintiff must specially plead and specifically prove a liquidated claim once defendant permitted to defend; accounting inconsistencies fatal to summary claim. Contract/Property – counterclaim for mesne profits – occupancy proven but absence of pleaded or proven loss, damage or basis for rent defeats claim.
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16 June 1999 |
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Appeal against taxation of costs dismissed; instruction fees correctly awarded by taxing master.
Legal costs - Taxation appeal - Determinability of subject matter - Entitlement to instruction fees
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16 June 1999 |
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High Court struck out suit as the Court of Appeal’s judgment in rem vested the property in Government, so no cause of action existed.
Civil procedure – preliminary objection – whether plaint discloses a cause of action – Court of Appeal judgment in rem – binding effect on High Court – status of property under Expropriated Properties Act – striking out as frivolous and vexatious – discharge of injunction – costs awarded.
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15 June 1999 |
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The applicant (widow) entitled to letters after respondent's grant revoked for concealing marital status and estate assets.
* Succession Act – Letters of administration – Revocation for just cause where grant obtained by concealing material facts. * Customary marriage – Acholi custom – validity despite unpaid dowry balance; widow's entitlement. * Succession Act – Distribution rules and citation requirement before granting administration to a relative entitled to lesser share. * Administrator duties – obligation to exhibit accounts and surrender grant when revoked. * Relief – grant of letters to widow and costs.
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10 June 1999 |
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Whether suspension and summary dismissal under the union agreement was lawful; admitted arrears awarded, other claims dismissed.
Employment law – Summary dismissal for misconduct – Applicability of Union Management Agreement versus staff regulations – Suspension and fair notice/procedure – Misconduct consisting of falsified inspection report – Award of admitted arrears.
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2 June 1999 |
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Order 48(3) CPR prevails over Order 6(1)(b) for notices of motion; particulars must be furnished.
Civil Procedure – Notice of Motion – interplay between Order 48 r.3 and amended Order 6 r.1(b) – generalia specialibus rule; Further and better particulars – when annexures are inapplicable or moot; Competency of motion – distinction from applications requiring evidentiary annexures (eg. setting aside ex parte judgments).
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1 June 1999 |
| May 1999 |
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RC court lacked jurisdiction over statutory notice and compensation issues; suit proceeds to assess compensation for customary tenants.
* Civil procedure – Res judicata – applicability where prior decision was given by a tribunal lacking jurisdiction. * Jurisdiction – RC/local council courts – limited to matters governed solely by customary law under Resistance Committees (Judicial Powers) Statute, 1988. * Land law – Land Reform Decree, 1975 s.7 – statutory regime for notice of termination of customary tenure and compensation. * Landlord–tenant – tenant cannot challenge registered proprietor’s title; primary issue is compensation computation for customary tenants.
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31 May 1999 |
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Interlocutory judgment entered on an affidavit lacking the jurat’s place is set aside as incurably defective.
Service of process – affidavit of service – requirements under Order 5 r.17 CPR; Oaths Act s.8 – jurat must state place and date; defective jurat renders affidavit incurably defective; interlocutory/default judgment set aside where based on defective affidavit.
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28 May 1999 |
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Application to restore a suit dismissed for failure to prosecute was refused for lack of credible cause and defective evidence.
Civil procedure – Failure to prosecute – Dismissal under Order 15 r.4; Restoration of dismissed suit – proper basis: Order 15 r.4, Order 48 or s.101 (inherent jurisdiction) not Order 9 r.20 where dismissal followed inter partes hearing; Inherent powers require sufficient factual cause; Formal defects in affidavit annexures (Commissioner for Oaths rules) and uncorroborated medical excuses fatal to restoration; Advocate’s negligence may be visited on client.
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28 May 1999 |
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A stay of execution and taxation was denied where no such proceedings were ongoing and statutory conditions were unmet.
Civil procedure – stay of execution – application for stay in absence of execution or taxation proceedings – requirements under O.39, r.4(3) of Civil Procedure Rules – effect of procedural deficiencies – court’s discretion in granting stay – unwarranted interference in taxation process.
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24 May 1999 |
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Application for stay of execution and taxation of costs dismissed due to non-compliance with procedural requirements.
Civil Procedure – Stay of execution – whether execution had occurred – requirements for stay not met – costs.
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24 May 1999 |
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Sublessee must pay 25% of the ground rent as assessed by the local authority; plaintiff ordered to pay costs.
Landlord & tenant – Sublease – Ground rent: whether sublessee pays 25% of fixed historic rent or 25% of rent assessed by local authority; payment to local authority vs. reimbursement to headlessee; entitlement to enforce contribution and threaten re-entry; costs awarded to headlessee.
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12 May 1999 |
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Interim injunction granted to preserve possession and rents pending resolution of ownership dispute.
Civil procedure – Interim injunction – Requirements: preservation of status quo, prima facie case with probability of success, irreparable injury, balance of convenience – Registered proprietor in possession – Alleged illegality of repossession certificate raising triable issues.
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5 May 1999 |
| April 1999 |
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Delict and Tort Law|Negligence
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30 April 1999 |
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Conversion and remarriage did not divest administratrix’s authority; respondent was a bona fide purchaser for value, so suit dismissed with costs.
* Administration of estates – validity of sale by administratrix – effect of conversion and remarriage on administratrix’s authority – bona fide purchaser for value without notice – Originating Summons under Order 34 r.1(g) appropriate for discrete administration questions.
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15 April 1999 |
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Employee retiring with accumulated leave entitled to basic salary and 20% leave allowance for leave period; unproven medical claims disallowed.
* Employment law – voluntary retirement – accumulated leave – entitlement to leave allowance (20% of annual salary) and continuation of basic salary and allowances while on leave – proof of allowances; quantum of payment for accumulated leave.
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7 April 1999 |
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Company Law
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6 April 1999 |
| March 1999 |
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Stay of execution granted with condition of security deposit for costs pending an appeal.
Civil Procedure – Stay of execution – pending appeal – substantial loss – delay – security deposit
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31 March 1999 |