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Citation
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Judgment date
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| December 2022 |
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Court granted extension to file defence where bona fide administrative investigations caused delay and justice favored hearing on merits.
Civil procedure – extension of time – Order 51 Rule 6 and Section 98 Civil Procedure Act – "sufficient cause" – administrative investigations and bureaucratic delay – hearing on merits – public/local government land protection.
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23 December 2022 |
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22 December 2022 |
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22 December 2022 |
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20 December 2022 |
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15 December 2022 |
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15 December 2022 |
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15 December 2022 |
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15 December 2022 |
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13 December 2022 |
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13 December 2022 |
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13 December 2022 |
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13 December 2022 |
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Stay of execution granted pending appeal, but conditional on provision of security for taxed costs.
Stay of execution – Order 43 Rule 4(3) CPR – requirements: proof of appeal lodgment, substantial loss, no unreasonable delay, and security (due performance or costs) – conditional stay granted subject to security for costs.
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9 December 2022 |
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9 December 2022 |
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7 December 2022 |
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Court orders equal distribution of estate sale proceeds after rejecting unsupported administrator compensation claim.
Administration of estates – sale proceeds – administrators’ entitlement to recover expenses – requirement for credible, itemised evidence to justify deductions – premature application and mediation – distribution of estate proceeds equally among beneficiaries.
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5 December 2022 |
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2 December 2022 |
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2 December 2022 |
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An election petition challenging the validity of a parliamentary result was dismissed for lack of credible, corroborated evidence of malpractice.
Election law – Parliamentary Elections – Election petition – Allegations of electoral malpractice, irregularities, and non-compliance with the law – Burden and standard of proof – Requirement for cogent, corroborated evidence – Dismissal for lack of proof.
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1 December 2022 |
| November 2022 |
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Divorce granted for desertion and cruelty with equitable division of matrimonial property and joint account split.
Family law – Divorce – Grounds: desertion and cruelty established; adultery not proved – Irretrievable breakdown of marriage – Matrimonial property identification and equitable distribution – Joint bank account split – Personal property vs family property – No custody or alimony orders where not claimed.
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30 November 2022 |
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29 November 2022 |
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29 November 2022 |
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29 November 2022 |
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29 November 2022 |
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28 November 2022 |
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23 November 2022 |
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Leave granted to amend pleadings for additional remedies based on existing cause of action; costs awarded to respondent.
Civil procedure – Amendment of pleadings – Leave to amend amended plaint – Whether proposed amendments introduce new cause of action or merely additional prayers – Discretion under Section 100 Civil Procedure Act – Prejudice and bad faith – Costs awarded to compensate respondent.
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23 November 2022 |
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23 November 2022 |
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23 November 2022 |
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23 November 2022 |
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Applicant failed to show the high probability of success and irreparable harm needed for a temporary mandatory injunction.
* Civil procedure – Temporary mandatory injunctions – extraordinary remedy requiring restoration of status quo ante, high degree of assurance of success, and proof of irreparable harm.
* Civil procedure – Interlocutory applications – form versus substance: chamber summons not defective where affidavit evidence suffices.
* Property law – Mortgagee’s rights and foreclosure – balance of convenience regarding possession after sale.
* Tort/detinue claims – availability of damages/mesne profits versus mandatory possession orders.
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17 November 2022 |
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Court granted applicant leave to appeal out of time to challenge compound interest awarded on a reviewed consent judgment.
Civil Procedure – leave to appeal – extension of time under s.98 Civil Procedure Act – vacation of consent judgment by review – award of compound interest on review – bona fide/arguable grounds of appeal – service of court orders.
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17 November 2022 |
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An appeal dismissed for non-appearance was reinstated where appellants did not receive hearing notices, constituting sufficient cause.
Civil procedure – Reinstatement of dismissed appeal – Order 43 Rules 14 & 16 CPR – "sufficient cause" for non-appearance – Failure to serve hearing notices – Denial of fair hearing – Unrebutted affidavit allegations taken as admitted.
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17 November 2022 |
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16 November 2022 |
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16 November 2022 |
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11 November 2022 |
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11 November 2022 |
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8 November 2022 |
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8 November 2022 |
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4 November 2022 |
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2 November 2022 |
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2 November 2022 |
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2 November 2022 |
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1 November 2022 |
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1 November 2022 |
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1 November 2022 |
| October 2022 |
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31 October 2022 |
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31 October 2022 |
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31 October 2022 |
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31 October 2022 |