|
Citation
|
Judgment date
|
| May 2024 |
|
|
Time to appeal enlarged where applicant reasonably relied on counsel's advice after a judicial adjournment circular.
Civil procedure — Extension of time to appeal — Sufficient cause — Reliance on counsel's advice and Chief Registrar circular — Discretion under Order 51 — Costs to abide appeal outcome.
|
31 May 2024 |
|
A plaint may disclose a cause of action against a publisher if annexures show the defendant printed the impugned paper.
Civil Procedure – Order 7 Rule 11(a) – Rejection of plaint for failure to disclose cause of action; Defamation – publication and liability; Pleadings – court limited to plaint and annexures when adjudicating lack-of-cause-of-action objections; Cause of action defined: right, violation, defendant liability.
|
31 May 2024 |
|
Court reinstated appeal dismissed for want of prosecution, prioritizing hearing on merits despite limited medical evidence.
Civil procedure — Order 43 (reinstatement of appeals dismissed for want of prosecution) — 'sufficient cause' — illness as special circumstance (evidence required) — counsel’s negligence — interest of justice in land disputes.
|
31 May 2024 |
|
Bona fide purchaser who procured title through due process keeps land; vendor must remit unpaid balance of purchase price.
Land law – untitled land sale – power of attorney alleged forgery – forensic handwriting evidence – burden of proving fraud; bona fide purchaser of untitled land – due diligence required; validity of title issued by District Land Board; accounting for purchase price and restitution of unpaid balance; dismissal of counterclaim.
|
31 May 2024 |
|
Application for contempt dismissed: shared pre‑existing possession and pending appeal precluded finding intentional disobedience.
Contempt of court – requirements for civil contempt: existence of lawful order; knowledge; ability to comply; intentional non‑compliance (proof beyond reasonable doubt); possession and use prior to judgment may negate contempt finding; pending appeal or stay affects enforcement.
|
31 May 2024 |
|
Applicants failed to show sufficient cause to reinstate an appeal dismissed for want of prosecution; wrong procedure and lack of interest.
Civil procedure – Reinstatement of appeal dismissed for want of prosecution; "sufficient cause" and mistake/negligence of counsel; duty of litigants to follow up appeals; wrong procedure – need to apply under O.9 r.27 CPR to set aside ex parte judgment before appealing; No likelihood of success; Costs awarded to respondent.
|
31 May 2024 |
|
|
31 May 2024 |
|
Court orders DNA paternity tests, issues protection order and permits limited access to retrieve personal effects.
Children Act – parentage and rebuttable presumption from birth register; DNA paternity testing as reliable proof; discretion to order DNA balanced against abuse of process; Domestic Violence Act – protection order where threat/occurrence of domestic violence; limited access to premises to retrieve personal effects; allocation of costs for DNA test.
|
31 May 2024 |
|
Applicants charged with murder and remanded over 180 days granted bail on strict monetary and reporting conditions.
Constitutional and criminal procedure law – Bail pending trial – Article 23(6) right to bail where remanded over 180 days – Trial on Indictments Act ss.14–15 – Offence triable only by High Court (murder) – "Exceptional circumstances" and judicial discretion – risk of absconding – sureties and reporting conditions.
|
31 May 2024 |
|
Complex estate disputes requiring oral evidence cannot be determined by originating summons and must proceed by plaint.
Administration of estates — procedure — suitability of originating summons under Order 37 for straightforward matters solvable on affidavits; complex contested estate disputes requiring oral evidence must proceed by plaint; alleged unilateral sale by co-administrator; duties and accounting of co-administrators.
|
31 May 2024 |
|
|
31 May 2024 |
|
|
31 May 2024 |
|
|
31 May 2024 |
|
|
31 May 2024 |
|
Applicant granted conditional extension to file appeal, subject to taxation and payment of respondent's costs.
Civil procedure—extension of time to file appeal—discretion under O.51 r.6 CPR and Ss.96 & 98 CPA; delay attributed to former counsel’s negligence; conditional leave to appeal subject to taxation and payment of respondent’s costs.
|
31 May 2024 |
|
Stay of execution refused where caveat was vacated, title transferred and no imminent execution or substantial loss demonstrated.
Stay of execution – requirements: pending appeal (notice lodged), substantial loss, absence of unreasonable delay, security for performance – caveat vacated and title transferred; no imminent execution; stay refused.
|
31 May 2024 |
|
A protection order cannot substitute for resolving disputed land ownership; court must identify the specific act of domestic violence.
Domestic Violence Act – protection orders – court must identify specific act of domestic violence before issuing order; Land disputes – contested ownership and boundary determination cannot be resolved by protection order; Civil Procedure Act – High Court revisionary powers (s.83, s.98) to correct material irregularity in Magistrate’s rulings.
|
31 May 2024 |
|
Court declared respondent mentally ill, found him incapable of managing affairs, and appointed applicant to pursue NSSF funds and account to court.
* Mental Health Act 2018 – determination of mental status – limited to qualified practitioners – court declaration where person cannot manage affairs under s.60(3)(b). * Appointment of personal representative – powers, duties and accounting under ss.62–64. * Protection of estate of person with mental illness – limited, welfare-focused interventions.
|
31 May 2024 |
|
|
31 May 2024 |
|
Court granted leave to appeal out of time for sufficient cause but struck out an out-of-time notice; fresh notice ordered.
Civil procedure – Extension of time – Leave to appeal out of time – Sufficient cause required; error of counsel may justify extension – Validation of an out-of-time notice requires prior enlargement order; incompetent notices may be struck out.
|
31 May 2024 |
|
Court granted consequential order under s.177 directing register rectification despite delay, accepting mistake as exception to limitation.
Registration of Titles Act s.177 – consequential orders to rectify register following recovery of land; Limitation Act – application upon a judgment and 12-year bar; exception for relief from consequences of mistake (s.25(c)); Registrar/Commissioner for Land Registration as proper respondent; Torrens system principles (mirror, curtain, insurance).
|
31 May 2024 |
|
Contempt finding set aside where no clear prohibitory order existed and the alleged contemnor lacked knowledge.
Revision (s.83 Civil Procedure Act) — High Court power to revise magistrates' decisions where jurisdiction exercised illegally or with material irregularity; Civil contempt — essential elements: existence of a clear prohibitory order, actual knowledge, intentional breach; burden beyond reasonable doubt; dismissal of an application is not a prohibitory order capable of grounding contempt.
|
31 May 2024 |
|
Court granted defendant leave to amend defence to plead title- and encroachment-related facts, finding no unfair prejudice.
Civil procedure – Amendment of pleadings – Order 6 r.19 – Leave to amend to plead newly-discovered facts challenging title and alleging encroachment – Amendments to be freely allowed unless causing injustice or introducing distinct new cause of action – Costs to abide outcome.
|
31 May 2024 |
|
|
31 May 2024 |
|
Applicants claiming beneficiary and possession interests in disputed estate were added as defendants to enable final adjudication and avoid multiplicity.
Civil procedure – Joinder of parties – Order 1 rules 3, 5 and 10(2) CPR – Addition of defendants where presence necessary to effectually and completely adjudicate disputes; Probate/estate disputes – validity of will and beneficiaries’ interests; Avoidance of multiplicity of proceedings; Discretionary nature of joinder and timing of applications.
|
31 May 2024 |
|
|
30 May 2024 |
|
|
30 May 2024 |
|
|
30 May 2024 |
|
|
30 May 2024 |
|
|
29 May 2024 |
|
|
29 May 2024 |
|
|
29 May 2024 |
|
|
29 May 2024 |
|
|
29 May 2024 |
|
|
29 May 2024 |
|
|
29 May 2024 |
|
|
29 May 2024 |
|
|
29 May 2024 |
|
|
28 May 2024 |
|
|
28 May 2024 |
|
|
28 May 2024 |
|
|
27 May 2024 |
|
|
27 May 2024 |
|
|
27 May 2024 |
|
|
24 May 2024 |
|
|
24 May 2024 |
|
|
24 May 2024 |
|
|
24 May 2024 |
|
|
24 May 2024 |
|
The applicant entitled to general damages for unlawful halting of employment; consent judgment valid and special damages unproven.
Consent judgment – validity and enforceability – belated challenge by signatory; Employment law – unlawful halting/retrenchment – entitlement to general damages; Damages – special damages must be specifically pleaded and strictly proved; Quantum – reliance on Supreme Court precedent in awarding general damages.
|
24 May 2024 |