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Citation
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Judgment date
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| September 2012 |
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Appeals and reviews
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29 September 2012 |
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Mandamus ordered to compel Treasury to pay decretal sums awarded against the Government after certificate issuance.
Government proceedings – enforcement of money judgments – section 19 Government Proceedings Act – certificate of order – Treasury Officer of Accounts’ duty to pay – mandamus to compel payment – Judicature Act ss.36(1), 37 – precedent: Shah v Attorney General.
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28 September 2012 |
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The plaintiff lacked locus standi and evidence was insufficient to prove forgery or sustain the previous ruling.
Civil Procedure – Locus Standi – Forgery Allegations – Power of Attorney Validity – Estate Administration – Sufficiency of Evidence – Procedural Fairness
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28 September 2012 |
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Court appointed foreign applicants as legal guardians of an abandoned child and permitted emigration subject to protective conditions.
Children law – Abandoned child – Paramountcy of best interests when appointing legal guardians. Guardianship – Appointment of foreign nationals as legal guardians – suitability assessed by home study and adoption reports. Transfer of child abroad – Court authorization to emigrate subject to safeguards: passport, registration with foreign/state authorities, embassy notification. Safeguards – Annual welfare reporting to local authorities until majority; permission to complete foreign adoption subject to law.
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27 September 2012 |
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Judicial review dismissed as time-barred; cause of action arose on council vote and judicial review unsuitable to overturn majority vote.
Judicial review — Time limits — Rule 5(1) Judicature (Judicial Review) Rules 2009 — "first arose" means date of decision/vote — delay and extension of time — lack of minutes/ministerial consultation not sufficient excuse — appropriateness of judicial review to challenge majority political votes; alternative remedy by civil suit.
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26 September 2012 |
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Registry failure to notify judgment justified an extension of time; stay granted conditionally on payment of substantial security.
Civil procedure – extension of time to appeal – registry failure to notify judgment – sufficient cause; Stay of execution pending appeal – requirements: likelihood of success or irreparable injury or balance of convenience; security for performance of decree – adequacy and quantum; costs awarded.
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26 September 2012 |
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Parental care and protection|HR
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25 September 2012 |
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An applicant granted leave to file a defense after default judgment upon showing arguable issues and paying costs for delay.
Civil procedure – setting aside default judgment – discretion of court – requirements for extension of time to file defense – balancing interests of justice and prejudice – meritorious defense.
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25 September 2012 |
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Court set aside estate judgments and executions for procedural irregularity and lack of jurisdiction.
Estate administration – jurisdiction – absence of Letters of Administration; procedural irregularity – ex parte judgment, lack of service, failure to file pleadings and call evidence; execution based on void/irregular judgments; relief by revision and setting aside.
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24 September 2012 |
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Whether payment to the liquidator under a sale agreement vested ownership in the respondent and remedies for excess occupation.
Land law – sale agreement with payment to liquidator – payment receipts and liquidator’s release of caveat – transfer of ownership of registered land; customary land not included in sale – eviction and permanent injunction; damages and mesne profits require evidence quantifying loss or profit; costs where parties partly succeed.
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21 September 2012 |
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A prior High Court decree upholding title bars a later suit; compensation is triable but does not delay eviction.
Land law – res judicata – prior High Court decree upholding registered title and ordering vacant possession; application to set aside decree dismissed; subsequent suit barred. Abuse of process – repetitive, dilatory applications to delay execution – court’s power under s.17(2)(a) Judicature Act to curtail proceedings. Compensation for improvements – triable issue but not a condition precedent to eviction.
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21 September 2012 |
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A judicial review filed beyond the three‑month statutory period without good reason is invalid and struck out with costs.
Judicial review – limitation period – applications must be made promptly and within three months under section 36(7) Judicature Act and Rule 5(1) Judicial Review Rules 2009 – time runs from date grounds first arose; extension requires good reason – time-barred application struck out; merits not considered.
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21 September 2012 |
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Civil Procedure|Evaluation of Evidence
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21 September 2012 |
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Civil Procedure|Appeals and reviews
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21 September 2012 |
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Appellate court upholds that land entrusted to appellant remained respondent’s; unauthorized donation void; appeal dismissed.
Land law – ownership by inheritance; trust/custodial possession – caretaker obliged to share harvest and not to alienate land without owner’s consent; disposal/donation by caretaker unlawful; limitation – cause of action arose on unauthorized donation (2008); appellate review – complaint of omitted evidence must be substantiated and new points of law improperly raised on appeal will be rejected.
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21 September 2012 |
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Magistrate’s court lacked jurisdiction over planning-driven road closures; statutory planning remedies apply.
Jurisdiction - statutory conferral – town planning disputes fall under Town and County Planning Act scheme; magistrates’ courts not vested with jurisdiction. Town and County Planning Act – declared schemes may provide for closing/diversion of roads and rights of way; statutory remedy and appeal route to Planning Board and High Court. Common law torts – nuisance cannot displace a specific statutory remedy. Cause of action – requires right, violation and defendant responsibility; absence of causation defeats claim.
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21 September 2012 |
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Respondent’s diminished responsibility and prospects of reform precluded death; sentenced to 32 years for filicide.
Criminal law – allocutus/reference-back after mandatory death sentence declared unconstitutional; applicability of death penalty only for the most serious crimes; sentencing principles – retribution, deterrence, prevention, reformation; burden on the State to prove aggravating factors beyond reasonable doubt; relevance of mental disorder/diminished responsibility at sentencing; parental filicide as significant aggravating factor.
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20 September 2012 |
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Land|Land Dispute|Title to real property
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18 September 2012 |
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Plaintiff’s claim failed because the 1st Defendant was a bona fide purchaser; plaintiff was privy to his wife’s fraudulent use of the title.
Land law – transfer and mortgage of registered land; fraud and impersonation; bona fide purchaser for value without notice; Registration of Titles Act s.176(c); attribution of fraud to prior owner who authorized title use.
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18 September 2012 |
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A court ordered authorities to resolve a land ownership dispute before compelling approval of building plans and awarded damages.
Administrative law – judicial review – mandamus – local government – building plan approval – land ownership dispute – remedies – damages for delay – costs.
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14 September 2012 |
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Applicant failed to show sufficient cause or meet stay preconditions; extension and stay were refused with costs.
Civil procedure – taxation of costs – extension of time to appeal taxation order – sufficiency of cause for delay; service and awareness of Taxation Hearing Notice. Civil procedure – execution – stay of execution – Order 43 r.4(3) preconditions (substantial loss, prompt application, security) must be satisfied. Advocates Act – Section 62 and Regulations – limits on invoking residual powers to override CPR requirements. Evidence – admissibility of related court documents (Annexture B) to show awareness of proceedings.
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7 September 2012 |
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An application seeking review and stay was refused as an abuse of process, with the court emphasizing expeditious resolution of disputes.
Civil procedure – Review of court orders – Appeals and review – Stay of proceedings – Abuse of court process – Expeditious disposal of suits.
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6 September 2012 |
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Application to reinstate suit dismissed for non-appearance rejected due to inordinate delay and insufficient cause shown by applicant.
Civil Procedure – Application to set aside dismissal – Sufficient cause – Delay and negligence of counsel – Acts of counsel binding on client – Requirements for reinstatement of suit after dismissal for non-appearance.
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5 September 2012 |
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Torture‑tainted, uncorroborated confessions and defective investigation resulted in acquittal for alleged murders.
Criminal law — murder: post‑mortem establishes death and malice aforethought; confession obtained under torture inadmissible; unlawful prolonged detention breaches constitutional prohibition on torture and right to speedy trial; prosecution must independently corroborate repudiated statements; failure to prove participation — acquittal.
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4 September 2012 |