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Citation
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Judgment date
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| March 2026 |
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Court allowed plaintiffs to proceed ex-parte after finding the incarcerated defendant was duly served and voluntarily abstained.
Civil procedure – Ex-parte proceedings – Order 9 Rule 20(1)(a); Service of process – Proof of service on incarcerated defendant; Right to fair hearing – Article 28(1) Constitution; Virtual participation – Judicature (Electronic Filing, Service and Virtual Proceedings) Rules 2025.
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11 March 2026 |
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Both suit and counterclaim dismissed for want of prosecution after parties failed to comply with pre-trial directions and attend court.
Civil procedure — Dismissal for want of prosecution — Failure to file Joint Scheduling Memorandum and trial bundles — Order 17 Rule 4 CPR — Inherent jurisdiction/Section 17(2) Judicature Act to prevent abuse of process — Costs where parties equally non-compliant.
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10 March 2026 |
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Allocations by a non‑statutory urban department did not vest title; respondents estopped by admissions and part payment.
Land law – ownership and possession – inheritance claims – estoppel by admission and part payment – public land allocation power – unauthorized local department allocations invalid – res judicata and limitation objections improperly raised on appeal.
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10 March 2026 |
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Counsel’s negligent omissions constituted sufficient cause to review and reinstate the application to renew letters of administration.
Succession/administration — Review jurisdiction under Section 82 and Order 46 — Mistake/negligence of counsel as sufficient cause — Leave to file supplementary affidavit — Reinstatement of application to renew Letters of Administration.
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9 March 2026 |
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Applicant failed to prove respondents wilfully breached a clear injunction; contempt application dismissed for lack of compelling evidence.
Civil and criminal contempt — requirements: clear and unambiguous order, knowledge, deliberate breach, lack of just cause — standard of proof beyond reasonable doubt — personal service vs actual notice via agents — contempt powers to be used sparingly as last resort.
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6 March 2026 |
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An expired grant of probate cannot be revoked; only a named executor may seek renewal, others should apply for administration with the will annexed.
Succession Act – Expiry of grants (s.337(2)) – Renewal/extension of expired probate (s.255(3), s.337(4)) – Locus to apply limited to named executors – Revocation of inoperative/expired grant – Letters of administration with will annexed (s.230(5)).
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6 March 2026 |
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Application to appoint administrators dismissed because prior letters had expired and the wrong statutory remedy was used.
Succession Act – Letters of administration – Expiry by operation of section 337(2) – Renewal/extension by issuing court (s.256(3)/s.337(4)) – Revocation and reappointment (s.230) – Improper cause of action under s.273.
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6 March 2026 |
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Court extended letters of administration five years due to ongoing pension; administrators must file inventory and accounts.
Succession law – Extension of letters of administration – Section 337(4) and Section 256(4)(c) – estates receiving pension – discretion to extend – requirement to file inventory and accounts – costs payable by estate.
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6 March 2026 |
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Court extended expired letters of administration for two years where distribution remained incomplete and beneficiaries consented.
Succession Act s337(4) – renewal/extension of letters of administration; requirement to show 'just cause'; administrators' duty to file inventory and account; beneficiaries' consent; court's discretionary power.
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6 March 2026 |
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Court extended letters of administration for two years where administrators showed just cause and beneficiaries consented.
Succession law – Renewal/extension of letters of administration – Requirement to show "just cause" under s.256(3)/s.337(4) – Beneficiaries’ consent – Conditions: inventory and final account – Court’s discretion to determine duration.
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6 March 2026 |
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The court extended the applicant's letters of administration for two years after finding just cause and beneficiaries' consent.
Succession law – Extension/renewal of letters of administration – Just cause required under s.256(3)/s.337(4) – Beneficiaries' consent – Filing inventory and accounts – Court imposing conditions and timelines.
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6 March 2026 |
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Applicant lacked locus to renew an expired probate; only a named executor may renew; application dismissed.
Succession Act (s337(2),(4); s230) – Expiry of probate and effect – Renewal/extension of expired probate limited to named executor – Revocation inoperative once probate has expired – Letters of administration with will annexed suggested when named executor deceased.
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6 March 2026 |
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Court extended expired letters of administration for two years after finding just cause and ordered accounts filed.
Succession Act s337(4) — Extension of letters of administration issued before 31 May 2022 — "Just cause" requirement — Court discretion to renew and impose conditions (inventory, accounts, costs).
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6 March 2026 |
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Court extended letters of administration for two years where administratrix showed just cause and beneficiaries consented.
Succession Act s337(4) – Extension of letters of administration – Requirement to show just cause – Beneficiary consent – Court discretion to impose filing deadlines and costs.
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6 March 2026 |
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Court renewed pre-2022 letters of administration to surviving administrators where beneficiaries consented and just cause was shown.
Succession Act s337(4) – renewal of letters of administration issued before 31 May 2022; Succession Act s269 – survivorship of executors/administrators; requirement to show just cause; beneficiary consent; conditional renewal requiring inventory and account; costs payable from estate.
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6 March 2026 |
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An appeal to the High Court must be commenced by a memorandum of appeal filed within time; a notice or "provisional" memorandum is insufficient.
Civil procedure — Appeals to High Court — Commencement of appeal — Memorandum of appeal required — Notice of appeal not sufficient; Limitation — section 79 CPA — exclusion of time for preparation of record; Preliminary points of law — disposal without going into merits.
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5 March 2026 |
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Amendment refused where alleged new facts and documents were already pleaded and on the court record.
Civil procedure – Amendment of pleadings (Order 6 r.19 CPR) – Amendment to determine real questions in controversy – Amendment not permitted where alleged new facts are already pleaded or documents are on court record – Discovery procedure (Order 10 CPR) distinct from amendment – Application dismissed.
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5 March 2026 |
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Court held a purported land sale was security for a loan; proven fraud vitiated the transaction and the appeal failed.
Evidence — Parol evidence rule (Section 92, Evidence Act) — Exception for fraud — Oral evidence admissible to invalidate written contract; Fraud vitiates judicial acts — sale vs. security for loan; Remedies — return of deposited document and costs.
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5 March 2026 |
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Revision refused where applicant sought re‑evaluation of evidence and failed to show jurisdictional or procedural irregularity under the Illiterates Protection Act.
Civil revision — supervisory jurisdiction — limited to jurisdictional/procedural defects; not a rehearing of evidence; Illiterates Protection Act alleged breach — not raised at trial; document admitted by consent; admissions in pleadings; credibility findings not lightly disturbed.
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4 March 2026 |
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Whether a family declaration amounted to a completed gift inter vivos or merely created a licence and protective occupation.
Property law – Gift inter vivos – Elements: intention to divest, delivery, acceptance – Restriction on alienation inconsistent with completed gift – Licence v proprietary possession – Lawful purchaser for value.
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4 March 2026 |
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Lis pendens not established where earlier suit was validly withdrawn, but endorsement of withdrawal stayed until costs are paid.
Civil procedure – lis pendens – tests for lis pendens (same parties, same cause, pending court) – withdrawal of suit by plaintiff – effect of ECCMIS filing – Order 25 rule 1 and rule 4 – locus standi – stay of withdrawal until payment of costs awarded in prior miscellaneous application.
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4 March 2026 |
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Applicant failed to prove respondents breached a consent status‑quo order over 114.8 acres; contempt application dismissed.
Contempt of court — Civil contempt — Elements: order, service/notice, non‑compliance (balance of probabilities), willfulness/malafide (beyond reasonable doubt) — Consent order preserving status quo — Evidentiary sufficiency — Admissibility of late affidavits — Locus in quo visits in contempt proceedings.
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4 March 2026 |
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Contempt dismissed: subsequent 2006 judgment overtook earlier order; no clear subsisting order or wilful disobedience proven.
Contempt of court — requirements: clear and subsisting order, knowledge, wilful disobedience; criminal standard of proof (beyond reasonable doubt); subsequent judicial dismissal can overtake earlier enforcement orders; ambiguity favours alleged contemnor.
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3 March 2026 |
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Registered title is conclusive absent proven fraud; sitting-tenant claim failed and defendant ordered evicted with damages.
Property law – Registration of Titles Act s59 – conclusive title; Expropriated Property Act repossession – original owner’s rights; sitting-tenant policy versus private repossessed property; invalidity of tenancy created after repossession; trespass, eviction and damages.
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2 March 2026 |
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A ten-year inactive caveat was vacated because the caveator failed to bring timely suit and caused prejudice to the proprietors.
Registration of Titles Act s.140(1) – Caveats – Caveatable interest – Requirement to bring ordinary action timeously – Inaction and lapse of caveat – Balance of convenience – Remedy: Vacation of caveat.
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2 March 2026 |
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High Court ruled that only it may transfer civil suits under s217; file transferred to correct Grade 1 magistrate; no costs order.
Magistrates' Courts Act s217 – High Court power to transfer civil suits; Territorial jurisdiction of magistrates' courts; Preliminary objection to jurisdiction; Order 44 CPR – leave to appeal requirement; Section 171 inapplicable to civil transfers.
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2 March 2026 |
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Court allowed amendment of defence to add counterclaim, finding no prejudice, mala fides, or limitation bar, and set filing timelines.
Civil procedure – amendment of pleadings – leave to amend Written Statement of Defence to add counterclaim – discretion under Order 6 r19, s100 CPA and s33 Judicature Act – test: no injustice, avoid multiplicity, not mala fide – timelines for filing and replies ordered.
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2 March 2026 |
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Non-compliance with court-ordered filing schedule resulted in dismissal for want of prosecution with no order as to costs.
Civil procedure – dismissal for want of prosecution – failure to file affidavits and written submissions in accordance with court directions – leave to appeal – consequences as to costs.
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2 March 2026 |
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Applicant allowed to amend plaint to add fraud particulars; locus standi challenge deferred to the main hearing.
Civil procedure – Amendment of pleadings – Order 6 r.19 CPR – Leave to amend to introduce particulars of fraud – No mala fides or undue prejudice shown – Locus standi challenge deferred to substantive hearing – Costs in main cause.
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2 March 2026 |
| February 2026 |
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Appeal allowed where respondent failed to prove an unwritten high-value debt without independent documentary corroboration.
Civil procedure — jurisdiction (pecuniary and territorial) — jurisdiction determined by plaint and pleadings; Contracts Act s.9(5) — requirement of writing for contracts above prescribed currency-point threshold; Evidence — burden on plaintiff to prove debt on a balance of probabilities and need for independent documentary corroboration for unwritten high-value contracts; Appeal — first appellate court entitled to re-evaluate facts and law.
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27 February 2026 |
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Court granted bail to an elderly, ill accused after finding exceptional circumstances and balancing public interest.
Criminal procedure – Bail – Trial on Indictments Act s.16 – Exceptional circumstances (including advanced age) – Proof of non‑absconding (fixed abode and sureties) – Balancing individual rights and societal interest.
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27 February 2026 |
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Court extended an expired grant of probate two years to preserve estate and enable executors to defend a pending will challenge.
Succession Act – extension of expired grant of probate – just cause – executors' duty to preserve estate – pending suit challenging will – conditional renewal and requirement to file inventory and accounts.
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27 February 2026 |
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Court extended expired letters of administration for two years, finding just cause under Succession Act s.337(4).
Succession Act s.337(4) — Extension of letters of administration; requirement to show "just cause"; court's discretionary power; conditions: inventory and account; costs ordered to administrator.
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27 February 2026 |
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Applicant resisted arrest; injuries amounted to soft-tissue harm, not meeting legal threshold for torture, application dismissed.
Human Rights (Enforcement) Act – procedural flexibility; Police powers of arrest – reasonable force (Criminal Procedure Code s.2); Torture – high threshold, statutory definition (Prevention and Prohibition of Torture Act); Burden of proof in civil human-rights claims.
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27 February 2026 |
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No proved 2019 insurance policy — insurer not liable; lender held liable for failing to provide insurance documentation.
Insurance law – insurer’s liability requires proof of an operative policy for the loss period; absence of a 2019 policy precludes indemnity. Consumer protection – lender’s duty to provide key insurance documentation; lender liable for representations to borrower. Burden of proof in civil claims
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27 February 2026 |
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Applicant’s salary suspension was quashed for procedural illegality; damages and costs awarded; lawful disciplinary steps still required.
Administrative law – Judicial review – Suspension of public officer’s salary – Procedural impropriety and illegality – Public Service Standing Orders and Public Service Commission Regulations – Duty to afford fair hearing – CAO obligations under Local Government Act.
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27 February 2026 |
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Conviction set aside and retrial ordered where appellant was not asked to plead, violating fair trial rights.
Criminal procedure – failure to take plea – breach of section 124(1) Magistrates Courts Act – violation of constitutional right to fair hearing (Article 28) – miscarriage of justice – retrial ordered under section 34 Criminal Procedure Code – principles for ordering retrial (Fatehali Manji).
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27 February 2026 |
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Whether a purchaser from an alleged caretaker acquires lawful occupancy against the 2nd defendant's registered title.
Land law — lawful occupant (Section 29 Land Act) — nemo dat — district land board allocation and duty (Article 241; Sections 57, 60) — elevated standard for proving fraud — certificate of title and trespass damages.
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26 February 2026 |
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Administrators with letters of administration have locus standi; pleaded fraud may toll limitation, so plaint must proceed and be amended.
Civil procedure – preliminary objection under Order 6 & Order 7 – locus standi of administrators (letters of administration; relation back doctrine) – pleadings must disclose cause of action – limitation Act (recovery of land; adverse possession) – fraud/mistake exception postponing accrual – liberal construction of pleadings – void ab initio and effect on limitation.
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26 February 2026 |
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Appellant’s death without substitution or letters of administration rendered the appeal incompetent and it was struck out.
Succession law; death of appellant; substitution by legal representatives; letters of administration (s.187 Succession Act); competence of appeal; striking out appeal without prejudice.
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26 February 2026 |
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Unauthenticated phone-tracking electronic evidence failed statutory authentication; conviction quashed and appellant acquitted.
Criminal law — Evidence — Electronic records — Handset tracking printout as electronic record — Electronic Transactions Act s7(2) — authentication — burden of proof; second appeal — re-evaluation of evidence; inadmissible electronic evidence taints derivative proof — acquittal.
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26 February 2026 |
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The court dismissed the applicants' challenge to rescission of public appointments, finding the administrative process lawful and fair.
Judicial review — amenability and limitation; public service recruitment — legality, rationality and procedural fairness of rescission and re-advertisement; mootness and deponent's authority; remedies (prohibition, certiorari, mandamus).
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26 February 2026 |
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Beneficiary had standing; suit not time-barred; court set aside title obtained by fraud and declared two parcels part of the estate.
Succession law – beneficiaries' locus standi to protect estate interests without letters of administration; Limitation – accrual of right upon grant of letters; Land law – indefeasibility of Torrens title subject to fraud; Proof of fraud and consequences – certificate procured by fraud void; Remedies – declaration, cancellation of registered name, administration and registration in trust; Necessity of joinder of interested third parties for determination.
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26 February 2026 |
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The prosecution proved aggravated defilement of the respondent; convicted and sentenced to 17 years with remand deducted.
Criminal law – Aggravated defilement – Ingredients: victim under 14, sexual penetration, accused’s responsibility – Proof beyond reasonable doubt; Identification in sexual offences; Corroboration by medical evidence; Treatment of minor inconsistencies; Sentencing under section 116 and sentencing guidelines (Third Schedule).
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26 February 2026 |
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Whether administrators may obtain extension of time and extension of Letters of Administration where delay is reasonably explained and beneficiaries consent.
Succession law – duty to exhibit inventory – section 273(1) – extension of time for filing accounts; Succession law – extension of Letters of Administration – section 255(3)(b)(ii) – beneficiary consent; Probate practice – equitable discretion – delay reasonably explained; Administration of estates – beneficiary unanimity and substantial progress as material factors.
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25 February 2026 |
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Prima facie purchase and possession insufficient for vesting order without strict, particularised proof of due diligence in tracing registered proprietor.
Registration of Titles Act s151 – Vesting order – Exceptional remedy affecting Torrens register – Strict proof required of registration, payment, possession, and due diligence to trace registered proprietor – Delay and inadequate tracing evidence defeat vesting.
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24 February 2026 |
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Whether the appellant proved, on the balance of probabilities, obstruction of a legally cognisable right of way to registered land.
Land law – right of way – whether obstruction of a legally cognisable access served by an unregistered easement; Evidence – burden and standard in civil cases (s.101(2) Evidence Act); Expert evidence – weight of joint survey report and plotting inconsistencies; Locus in quo – probative value; Registered title – limits as against unregistered rights (s.59 Registration of Titles Act).
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24 February 2026 |
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Acquittal where prosecution failed to prove malice aforethought and participation in alleged murder.
Criminal law – No case to answer – Prima facie case – Murder elements – malice aforethought – participation – best evidence rule – reliance on accused's statement – lack of further investigation.
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24 February 2026 |
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Accused convicted of rape where consent was absent, supported by victim testimony and medical evidence.
Rape — elements: sexual intercourse, lack of consent, identity; Consent — may be withdrawn; Corroboration — victim testimony, witness and medical evidence; Admitted facts — memorandum of agreed facts; Burden — prosecution must prove guilt beyond reasonable doubt.
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24 February 2026 |
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Drawer’s stop payment does not extinguish debt; payee entitled to cheque value, commercial interest and costs.
Bills of Exchange Act – cheque as bill of exchange – drawer’s countermand (s.74(a)) – countermand does not extinguish underlying obligation – bounced cheque gives independent cause of action – award of face value, commercial interest and costs.
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23 February 2026 |