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Citation
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Judgment date
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| November 2011 |
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A plaint alleging deprivation of land by fraud properly discloses a cause of action under section 176 RTA.
* Land law – Registration of Titles Act s.176 – exceptions to indefeasibility – person deprived of land by fraud may challenge registered proprietor.
* Civil procedure – preliminary objection/strike out – whether plaint discloses a cause of action; assumption that pleaded facts are true at pleading stage.
* Pleading – essentials of cause of action: right, violation, and defendant liability; allegations of fraud and equitable claims suffice at pleading stage.
* Title – certificate of title not absolute where fraud is properly pleaded; merits to be determined at trial.
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30 November 2011 |
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IGG may not investigate matters pending in court; investigatory reports require fair opportunity to respond, but remedies sought were inappropriate.
Administrative law – Inspectorate of Government – limits on investigating matters pending before court (s.19(1) Inspectorate of Government Act); natural justice – duty to afford hearing before making adverse allegations; prerogative remedies – certiorari, mandamus and declaration inappropriate where report is investigatory and no specific statutory duty is shown.
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29 November 2011 |
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Summary dismissal of a partly heard land claim without hearing violated natural justice; matter remitted for rehearing with costs.
Land law — transfer of partly heard tribunal cases — dismissal for delay — natural justice and right to be heard — proper application of Civil Procedure Rules (Order 17) — remittal for rehearing.
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29 November 2011 |
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Failure to extract the decree in a magistrate-court appeal renders the appeal incompetent and warrants striking it out, despite timely notice.
Appeals — Magistrates’ Court to High Court — requirement to extract and file decree with memorandum of appeal — duty of unsuccessful party — failure to extract decree is fatal irregularity and renders appeal incompetent — notice of appeal may commence appeal; delay in memorandum excused where proceedings awaited — incompetence not cured by amendment, supplementary record or reinstatement; appeal struck out.
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29 November 2011 |
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An unlawful, indefinite suspension without statutory safeguards amounted to dismissal; plaintiff awarded compensation and defendant’s counterclaim dismissed.
Employment law – suspension and termination – compliance with Employment Act s.63 (suspension) and s.65 (termination) – unsigned written contract does not negate existing contract by conduct – unlawful suspension may amount to dismissal – remedies for unlawful dismissal; counterclaim for recovery of alleged misappropriated funds: burden of proof.
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29 November 2011 |
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Court finds unlawful distress and awards damages for wrongful detention of property affecting advocate’s business.
Landlord and tenant – breach of contract – unlawful detention of property – re-entry and distress – damages awarded.
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28 November 2011 |
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Temporary injunction granted where trial court misapplied prima facie test, prejudged merits, and awarded unclaimed costs.
Civil procedure – Temporary injunctions – Order 41 r(1)(a) CPR – prima facie triable issues, irreparable injury, balance of convenience; Land law – whether written instrument is sale or security; Judicial discretion – costs cannot be awarded where not specifically prayed for; Prohibition on disposing of main suit by interlocutory ruling.
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23 November 2011 |
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22 November 2011 |
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Application to set aside ex parte judgment dismissed due to proper substituted service and fatal defects in applicants' affidavits.
Civil procedure – Application to set aside ex parte judgment – Validity of substituted service – Role and sufficiency of affidavits – Representative affidavits without written authority – Preliminary objections upheld – Dismissal of application.
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18 November 2011 |
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Petitioner failed to prove unlawful nomination, bribery or substantial electoral irregularities; petition dismissed, costs awarded.
Electoral law – election petitions – heightened civil standard of proof; nomination challenges – proof and admissibility of public instruments; bribery and illegal practices – need for cogent and independent corroborative evidence; hearsay and late affidavits – limits and remedies; ballot‑box stuffing and multiple voting – requirement of persuasive proof; Electoral Commission duties – neutrality, appointment of officials, and substantial effect on result.
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13 November 2011 |
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A stay of execution was refused where no appeal or notice had been filed against the decree sought to be stayed.
Civil procedure – stay of execution – application for stay pending appeal – whether stay can be granted absent a filed appeal or notice – inherent jurisdiction of High Court – requirements for exercising discretion to stay execution.
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10 November 2011 |
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Purchaser ready to pay remaining price is entitled to specific performance where vendor frustrates payment and repudiates.
* Sale of land – validity and binding effect of written sale agreement witnessed by local authorities – equitable conversion where deposit paid.
* Breach and repudiation – vendor’s evasion and prevention of purchaser’s performance constitutes repudiatory conduct.
* Remedies – purchaser ready and willing to pay outstanding balance entitled to specific performance; time for completion may be dispensed with in equity.
* Priority of equities – first in time prevails; alleged resale to third party ineffective against prior equitable interest.
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7 November 2011 |
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Proved intercourse and age but accused’s identification uncorroborated; required corroboration absent, so acquittal follows.
Defilement – elements: unlawful sexual intercourse, age under 14, accused’s participation; Unsworn evidence of child of tender years – statutory requirement for corroboration (s.40(3) Trial on Indictments Act); Medical evidence – slight penetration sufficient to establish intercourse; Identification – assessment factors and risk of mistaken identity; Admissions/behaviour – when such conduct can amount to corroboration.
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7 November 2011 |
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Ex parte judgment set aside where defendant was not notified and had an unchallenged, plausible defence.
Civil procedure — Order 9 r27 — setting aside ex parte judgment where defendant not notified; uncontested affidavit evidence deemed admitted; existence of prima facie defence; restoration for inter partes hearing; costs to abide outcome.
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3 November 2011 |
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Petition to set aside a parliamentary election dismissed: procedural defects curable and alleged irregularities not proved to affect result.
Election law — competence of pleadings and answers — procedural irregularities curable; Election law — non‑compliance with electoral procedures — quantitative and qualitative tests for substantial effect on result; Election law — bribery and illegal practices — high standard of cogent, corroborated evidence required; Pleading — defamatory/malicious statements must be pleaded verbatim; Evidence — secondary audiovisual evidence inadmissible without proper foundation.
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2 November 2011 |