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Citation
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Judgment date
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| May 2024 |
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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.
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31 May 2024 |
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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.
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31 May 2024 |
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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.
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31 May 2024 |
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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.
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31 May 2024 |
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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.
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31 May 2024 |
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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.
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31 May 2024 |
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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.
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31 May 2024 |
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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.
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31 May 2024 |
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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.
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31 May 2024 |
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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).
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31 May 2024 |
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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.
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31 May 2024 |
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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.
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31 May 2024 |
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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.
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31 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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21 May 2024 |
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8 May 2024 |
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8 May 2024 |
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8 May 2024 |
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8 May 2024 |
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3 May 2024 |
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Interim stay requires a notice of appeal, pending substantive application and credible evidence of imminent execution.
Civil procedure – Interim stay of execution – Three-part test: competent notice of appeal; substantive application pending; imminent threat of execution – Evidence required to show imminent execution – Taxed bill of costs and uncorroborated sale allegations insufficient.
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3 May 2024 |