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Citation
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Judgment date
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| November 1995 |
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Letters of administration revoked for failure to exhibit accounts and mismanagement; new administrators appointed and defendants ordered to account.
Succession law – Revocation of letters of administration – Just cause under s.233(2) – Failure to exhibit inventory/account as required by s.280 – Grant become useless/inoperative – Mismanagement and disposal of estate assets – Appointment of new administrators – Order to account and deposit letters.
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24 November 1995 |
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A court upheld Amin-era vesting and management of expropriated property and validated a bank encumbrance created by appointed managers, dismissing the plaintiff's claims.
Expropriation law – Amin-era decrees and Expropriated Properties Act 1982 – vesting of abandoned/ascribed assets; Government-appointed management – authority to borrow and create encumbrances; validity of bank mortgage/caveat created by state-appointed managers; remedies of former owners against lenders and State under the Expropriated Properties Act.
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14 November 1995 |
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Plaintiff's trespass claim failed because defendant's earlier-registered title established ownership; suit dismissed with costs.
Property law — title disputes — competing registered titles; evidence and priority of registration; allegations of fraud in procurement of certificate of title; trespass claims require ownership proved on a balance of probabilities.
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3 November 1995 |
| October 1995 |
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Owner held vicariously liable for servant-driver’s negligent overtaking; plaintiff awarded special and general damages.
Negligence – unsafe overtaking on a hill/curve; vicarious liability of owner for servant-driver; proof of ownership despite non-registration; quantum of special and general damages; failure to prove contributory negligence.
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18 October 1995 |
| September 1995 |
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15 September 1995 |
| August 1995 |
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18 August 1995 |
| July 1995 |
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Court convicts and sentences accused for defiling a minor, with corroborated testimony and medical evidence outweighing retracted confession.
Criminal Law – Defilement – elements of proof – admissibility of retracted confession – age determination of a minor.
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12 July 1995 |
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7 July 1995 |
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1 July 1995 |
| June 1995 |
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An individual who is neither director nor shareholder lacked authority to sue in the company’s name; proceedings were improper and costs awarded.
* Company law – authority to sue – who may institute proceedings on behalf of a company – directors and shareholders; * Company law – unauthorised commencement of suit – ratification and its requirements; * Civil procedure – striking out actions plainly lacking capacity; * Costs – solicitor-and-client and party-and-party awards for improper institution of proceedings.
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6 June 1995 |
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Proceedings in a company’s name instituted by a person without authority are a nullity unless validly ratified; costs may be ordered against the instigating party.
Company law – capacity and authority to sue – proceedings brought in a company’s name by a person who is not a director or shareholder – want of authority a nullity unless validly ratified – ratification must come from proper corporate organ – objection to authority may be struck out if defect plainly appears; costs consequences where proceedings improperly instituted.
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6 June 1995 |
| May 1995 |
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Accused sentenced to 18 months imprisonment for manslaughter after drunken altercation results in brother's death.
Criminal Law – Manslaughter – Plea of guilty – Sentence considerations – Intoxication as mitigating factor in sentencing.
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31 May 1995 |
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Forfeiture of recognisance, unlawful taxation/enforcement of private costs, improper attachments, and correction of excessive default sentences.
* Criminal procedure – recognisance/bail forfeiture – forfeiture requires sworn evidence of breach under Magistrates’ Court Act.
* Costs – private prosecutor’s bill cannot be enforced absent an express costs order in judgment.
* Enforcement – attachment of property and arrest to enforce an unlawfully-allowed bill of costs is unlawful.
* Judicial power – Chief Magistrate’s attachment of complainant’s property lacked legal authority.
* Sentencing – default imprisonment in lieu of fines must conform to statutory scale under the Magistrates’ Court Act.
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31 May 1995 |
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12 May 1995 |
| March 1995 |
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17 March 1995 |
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6 March 1995 |
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A grant of Probate/Administration vests exclusive representative authority in the grantee; others are barred from suing on the estate.
* Succession law – Representative standing – Effect of grant of Probate/Letters of Administration – Only grantee may act for deceased until recall/revocation (s.264 Succession Act).
* Civil procedure – Preliminary objection – Competency of plaintiff to sue in respect of estate property.
* Registration of Titles – Estate land severance and the role of the Administrator General in actions affecting estate land.
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6 March 1995 |
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A succession certificate does not authorise litigation where Probate/Administration has been granted to the Administrator General.
Succession law – representative capacity to sue; Probate/Letters of Administration vs succession certificate; s.264 Succession Act bars others from suing as representative; effect of Registration of Titles Act entry; limitation defence raised but matter determined on representative capacity.
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6 March 1995 |
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Plaintiff proved unpaid supply of petroleum; defendant’s unproven set-off failed; judgment for principal with court-rate interest.
* Civil debt – sale of goods (petroleum) – proof of indebtedness – admission in writing supports plaintiff’s claim. * Set-off – burden of proof – defendant failed to prove alleged loss from defective equipment. * Interest – claimant’s contractual or claimed high rate must be justified; court may award statutory/court rate instead. * Costs – unspecified attendant/financial costs not allowed without proof.
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6 March 1995 |
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Plaintiff awarded damages after court finds driver’s negligence caused pedestrian injuries.
Tort—Road traffic accident; negligence—duty of care and breach by speeding/loss of control; causation—linking driver’s negligence to pedestrian injuries; quantum—assessment of general damages.
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3 March 1995 |
| February 1995 |
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Revision refused where appeal lay and no record showed accused was of unsound mind when he pleaded guilty.
Criminal procedure – Revision v appeal – s.341(5) Criminal Procedure Code bars revision at instance of a party who could have appealed; Magistrate’s Court Act s.111 procedure for accused of unsound mind; plea of guilty and admitted facts suffice absent contemporaneous indication of incapacity.
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28 February 1995 |
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28 February 1995 |
| January 1995 |
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31 January 1995 |
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24 January 1995 |
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Court has jurisdiction to set aside arbitration awards and may admit supplementary affidavits with leave.
* Arbitration — Setting aside arbitral awards — High Court jurisdiction to entertain challenges despite clauses asserting finality of award — statutory grounds (misconduct, improperly procured) for setting aside. * Civil procedure — Supplementary affidavits — Leave of court required; court may admit on exercise of inherent/statutory powers to do justice. * Practice — Advocates and registries should file and lodge affidavits and pleadings in good time.
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1 January 1995 |