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Citation
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Judgment date
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| December 1998 |
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Pre‑incorporation sale agreement was void; no novation proved, so plaint struck out and caveat removed with costs.
* Company law – Pre‑incorporation contracts – contracts purportedly made on behalf of a company before incorporation are void unless re‑enacted after incorporation; ratification not possible where principal did not exist. * Contract law – Novation – post‑incorporation conduct (occupation and payment) does not automatically novate a pre‑incorporation agreement absent clear evidence of a new contract. * Property law – Caveat – caveat based on invalid pre‑incorporation contract cannot stand. * Civil procedure – striking out plaint – inherent powers to strike out where defect cannot be remedied.
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9 December 1998 |
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Pre‑incorporation sale agreement unenforceable; occupation and partial payment did not novate contract, caveat removed.
* Company law – Pre‑incorporation contracts – unenforceability of agreements made on behalf of a company before incorporation unless validly re‑enacted after incorporation; novation by conduct requires clear evidence of a new agreement. * Land/registration – Caveat founded on a void pre‑incorporation contract cannot be maintained and is removable under RTA s.14(1).
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9 December 1998 |
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Unconditional sale transferred ownership to buyer; seller’s remedy for unpaid price is breach action, not seizure; log book must be delivered.
Sale of goods – Construction of contract – unconditional sale of specific goods under s.20(1) Sale of Goods Act; passing of property and loss of lien; remedy for unpaid purchase price is action for breach, not seizure; retention of log book unlawful but damages for loss of earnings properly claimable against seller who contracted with purchaser.
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1 December 1998 |
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Whether property in a sold vehicle passed on execution and who bears liability for unpaid purchase price and loss of earnings.
Sale of goods – Construction of written contract – Section 20(1) Sale of Goods Act – Property in specific goods passes on contract even if payment postponed; Vendor loses lien on delivery; Buyer’s remedy for non‑payment is action for breach. Possession, title and third‑party dealings – resale to subsequent purchaser passes good title. Retention of log book unlawful; loss of earnings claim lies against immediate seller.
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1 December 1998 |
| October 1998 |
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Bank held vicariously liable for wrongful impounding, arrest, detention and assault by seconded investigation officers; damages awarded.
* Vicarious liability – employer/enterprise liability for agents and seconded police officers – control, secondment and use of premises as indicia of agency.
* Tort – wrongful impounding of property, false imprisonment and assault – liability and damages.
* Assessment of special damages for loss of income resulting from detention of a commercial vehicle.
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23 October 1998 |
| August 1998 |
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Agreement executed by an illiterate without statutory formalities is void; plaintiff not bound and awarded nominal damages, costs apportioned 40/60.
* Illiterates Protection Act (s.4) – statutory formalities for signature by illiterate – non-compliance renders document void. * Contract law – nullity of agreements made in contravention of a protective statute; illiterate party not bound. * Civil procedure – relief limited where alleged fraud and claimed damages are unproven. * Professional negligence – lawyer criticised for habitually failing to observe statutory protections for illiterates.
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27 August 1998 |
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Absence of corporate seal not fatal where defendant used contractual benefits; factual disputes mandate trial; adjournment and costs ordered.
Contract law – corporate contracts and execution under seal – use of contractual benefit estops corporation from relying on absence of seal; authority to represent Government – ministerial communications as prima facie evidence; misrepresentation and failure of consideration – factual issues for trial; procedural law – amendment of pleadings and adjournment; costs allocation for interlocutory applications.
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25 August 1998 |
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Challenge to disposals under the Expropriated Properties Act dismissed for suing wrong party and failing to pursue statutory appeal.
* Expropriated Properties Act 1982 – effect of Act on prior transactions – nullification of pre‑Act sales and mortgages.
* Administrative law – Ministerial discretion under Sections 3–8 – exclusive statutory remedies and appeals under section 14 and Regulation 15.
* Jurisdiction and cause of action – DAPCB lacks power to grant repossession certificates; wrong party sued.
* Procedural requirement – time limit for appeal (30 days) and necessity to have the Minister heard before declaring ministerial acts void.
* Remedies – compensation/mesne profits must be pursued under statutory procedure, not by original suit.
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4 August 1998 |
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Preliminary objections that the plaintiff lacked authority or that the contract was void for lack of seal were rejected; triable factual issues remain and hearing adjourned.
• Civil procedure – preliminary objections – plaintiff’s locus to sue on alleged government authority – dismissal on preliminary facts inappropriate where triable issues exist; • Company law – contracts not under common seal – Companies Act and authorities permit binding simple contracts where corporation accepts benefits; • Contract law – misrepresentation, failure of consideration and variation of contractual performance are triable issues of fact; • Adjournment and costs – limited adjournment granted, costs of adjournment ordered against plaintiff.
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4 August 1998 |
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Preliminary objections that the plaintiff lacked authority and that the contract was void for want of seal were dismissed; adjournment granted, plaintiff to pay costs.
Administrative/telecommunications law – contract for uplink satellite services – locus and authority to represent Government in INTELSAT dealings – company contracts and requirement of seal – estoppel/acceptance of benefit – preliminary objections and adjournment to amend pleadings.
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4 August 1998 |
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3 August 1998 |
| July 1998 |
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Extension of time to appeal requires adequate reasons under Order 47 r.6; non-service affidavit alone is insufficient.
* Civil Procedure – extension of time to file appeal – governed by Order 47 r.6 – discretionary; adequate reasons required.
* Civil Procedure – notice of judgment – Order 18 r.1 mandatory; uncontradicted affidavit of non-service is admissible.
* Evidence – affidavits – bald assertions as to prospects of success unsupported by affidavit are insufficient.
* Procedural compliance – failure to produce judgment or cure defects may justify refusal to extend time.
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28 July 1998 |
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Variation deed sold machinery only; defendant breached sale, unlawfully evicted plaintiff; plaintiff awarded balance and special damages.
Sale of land – effect of variation deed – whether variation re-priced land transaction or only sold machinery; breach of contract for non-payment of balance; unlawful eviction and remedies; proof and award of special damages; dismissal of counter-claim.
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22 July 1998 |
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Plaintiff cannot sue the State for debts of a separate limited liability public company; s.23 PERD is discretionary, not a direct cause of action.
Public law – Corporate personality – Limited liability company as separate legal persona; Government liability – PERD s.23 construed as discretionary not creating automatic State liability; Pleadings – necessity to allege sale/proceeds to invoke divestiture account; Procedure – wrong party sued where creditor should pursue company/liquidation remedies.
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2 July 1998 |
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A company’s conduct can create ostensible authority in its managing director, making a sale by her binding on the company.
Company law – Articles of Association and Table A – ostensible authority of managing director; third parties dealing in good faith; sale of company property; remedies where goods transferred to third party – valuation and monetary adjustment; evidential weight of company conduct in conferring apparent authority.
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2 July 1998 |
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Managing director's ostensible authority validated a sale; valuation ordered and payment directions given, plaintiff's return claim denied.
* Company law – Articles of Association – Construction of articles and Table A modifications – extent of managing director's powers and ostensible authority.
* Agency/Third parties – Ostensible authority and reasonable reliance by third parties dealing with a company.
* Remedies – Where sale by ostensible agent is valid and goods transferred, remedy by valuation and payment; costs and interest directions.
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2 July 1998 |
| June 1998 |
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Objector failed to prove ownership of vehicles attached under warrant; application dismissed, bailiff struck out, conditional leave to appeal granted.
Civil procedure – O.19 r.55 CPR – claim to ownership of property attached under warrant; insufficiency of piecemeal contractual excerpts without primary documents or witnesses to prove transfer of title; possession not conclusive where registration presumption applies (s.49 Traffic and Road Safety Act); improper joinder of judicial officer – O.1 r.10 CPR and statutory protection of officers executing warrants; conditional leave to appeal and security for stay under O.39 r.4 CPR.
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23 June 1998 |
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Objector failed to prove ownership of machinery; isolated contract excerpts and possession insufficient to block attachment, application dismissed with costs.
* Civil procedure – Warrant of attachment – Objector's claim of ownership – requirement to prove title by tendering contract and supporting documents.
* Contract interpretation – isolated contractual excerpts with cross‑references to unproduced clauses are insufficient to establish rights.
* Possession v title – possession not determinative where statutory registration presumption exists.
* Traffic and Road Safety Act s.49 – registered owner presumed owner of vehicle unless contrary proved.
* Joinder and protection of judicial officers – bailiff improperly joined; protected under Judicature Act; costs awarded.
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23 June 1998 |
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Section 16(1) of the NPART Statute does not expressly oust the High Court; the Tribunal is an alternative, not exclusive, forum.
* Constitutional and civil procedure law – High Court's unlimited original jurisdiction under Article 139(1) and Judicature Statute – statutory ouster of jurisdiction must be express or irresistibly inferred. * Statutory interpretation – section 16(1) NPART: Tribunal provides alternative forum for non-performing asset disputes, not exclusive ouster. * Civil procedure – strike out application for being filed in wrong court dismissed.
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10 June 1998 |
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The court held that the NPART Statute did not expressly oust the High Court's jurisdiction; parties may choose Tribunal or High Court.
* Constitutional law – High Court jurisdiction – Article 139(1) grants unlimited original jurisdiction subject only to the Constitution. * Statutory interpretation – ouster of jurisdiction – requirement of express ouster or irresistible implication. * Administrative/tribunal jurisdiction – NPART Tribunal provides alternative forum; section 16(1) does not automatically oust High Court jurisdiction.
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10 June 1998 |
| May 1998 |
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The appeals were dismissed as time-barred and the District Registrar's attachment warrants were nullified for lack of a decree.
* Civil procedure – Time to appeal – appeal from District Registrar – time runs from date ruling delivered, not date signed; Order 44 r.7 applies.
* Civil procedure – Extension of time – section 80(2) Civil Procedure Act cannot override specific appeal procedure and time-limit under Order 44 r.7.
* Court bailiff enforcement – taxed fees – cannot be enforced by attachment in absence of a suit and decree in bailiff’s favour (Court Bailiffs Rules r.13(4)).
* Judicial review/inherent powers – High Court may nullify unlawful orders to prevent injustice and abuse of process.
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24 May 1998 |
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Court awarded special, exemplary and general damages for wrongful dismissal, false arrest and malicious prosecution and applied 6% interest.
* Employment law – wrongful dismissal – admission of liability – effect of admitted special damages on further proof required. * Tort – false arrest and malicious prosecution – entitlement to general and exemplary damages for detention and reputational harm. * Exemplary damages – criteria for award (aggravating conduct, defendant’s benefit, deterrence) – application where employer withheld terminal benefits. * Evidence – proof of special damages – weight of certified salary scales and staff regulations versus undocumented claims. * Interest – discretionary award under Civil Procedure Act s.26(2) – 6% p.a. reasonable; 40% rejected.
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12 May 1998 |
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Court awarded admitted special damages, exemplary and general damages for wrongful arrest/dismissal, rejected 40% interest and awarded 6% interest.
Employment law – wrongful dismissal, false arrest and malicious prosecution – proof of special damages – admissibility and weight of internal certified salary schedules v. proposed schedules; exemplary damages – award where employer withholds terminal benefits and benefits from plaintiff’s loss; general damages for detention and reputational loss; interest – court discretion and reasonableness (6% awarded).
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12 May 1998 |
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Bank failed in its duties as intermediary, breached loan and security obligations, and illegally registered mortgaged property, giving rise to cancellation and damages.
Banking law – agency relationship between banker and customer; ITCRF refinancing – binding written offer and acceptance; duties of intermediary bank to obtain L/C confirmation; mortgagee’s powers – legality of transferring mortgaged property into mortgagee’s own name; equitable right of redemption; breach of contract and compensatory damages.
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10 May 1998 |
| April 1998 |
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Where the Minister gave no final decision, the suit was not an appeal and amendment to plead compensation was permitted.
Expropriated properties — appeal under section 14 — requirement of a final decision to trigger appeal period — limitation and Order 7 Rule 11(d) — amendment of plaint to add alternative claim for compensation.
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28 April 1998 |
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Whether an advocate may recover taxed client costs depends on practising-certificate timing, proper taxation procedure, and VAT proof.
Advocates Act ss.14, 68 – practising certificate validity and entitlement to costs; Taxation of costs – advocate/client bill; procedural requirements for taxation; Fifth Schedule fees – non-contentious work (sub-division, release of title deed); VAT – proof of registration/payment required; part-payment treated at taxation; execution of taxing certificate requires suit for recovery.
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14 April 1998 |
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Appeal partly allowed: taxation upheld except VAT; advocate entitled to costs as work began under valid practising certificate.
Advocates Act – practising certificate – s.68; Advocate/client bill of costs – taxation by Registrar/Taxing Master; Fifth Schedule – non‑contentious fees (subdivision and title release); reliance on affidavit filed with notice to tax; VAT allowance requiring proof of registration/payment.
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14 April 1998 |
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Employer vicariously liable for servant’s negligent driving; plaintiff awarded damages for injuries and losses.
Motor vehicle negligence – pickup emerging from private premises onto main road – causation and eyewitness/skid-mark evidence; Vicarious liability – employer liable for servant’s negligent driving where ownership/connection prima facie established; Quantum of damages – personal injury, loss of earnings and proved special damages; Interest and costs awarded.
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2 April 1998 |
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Plaintiff injured when a pick-up negligently entered the road; court found defendant vicariously liable and awarded damages.
Motor-vehicle collision — driver emerging from private premises onto main road — failure to stop/yield — negligence established; Vicarious liability — employer/owner liable for servant/driver’s torts committed in course of employment; Quantum — assessment of general and special damages for fracture, loss of function and business loss; Interest and costs awarded.
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2 April 1998 |
| March 1998 |
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27 March 1998 |
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Interpretation of "salary" includes gross pay; plaintiff awarded unexpired salary, gratuity and compensation for loss of contract.
Employment law – Fixed-term contract terminated summarily – Meaning of "salary" for terminal benefits (gross pay v basic) – entitlement to contractual gratuity despite early termination – award of compensation for loss of contract – dismissal/withdrawal of counterclaim.
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9 March 1998 |
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Whether "salary" in a termination clause includes allowances for calculating terminal benefits and gratuity.
Employment law – termination clause – meaning of "salary" for terminal benefits; calculation of terminal benefits and gratuity; compensation for loss of contract; counterclaim dismissed/withdrawn.
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9 March 1998 |
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A suit begun in the name of a person who was dead is a nullity; related ex parte judgment was set aside.
Civil procedure – suit instituted in the name of a deceased person is a nullity; substituted service cannot validate proceedings against a dead defendant; personal representative cannot be substituted where suit commenced in deceased’s name; court’s inherent jurisdiction to set aside void judgments; Order 9 r.24 CPR considerations.
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5 March 1998 |
| February 1998 |
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Foul-smelling school VIP latrines constituted an actionable private nuisance; court granted a delayed permanent injunction and costs to the appellant.
Nuisance — private nuisance from foul odour of school VIP latrines — actionable where it substantially and exclusively interferes with neighbour's enjoyment of land; Injunction — appropriate remedy against private owner despite public utility of facility; Government Proceedings Act s.15 — does not bar injunctions where proceedings are against a private body, not the Government or its officers.
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17 February 1998 |
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Registrar of Titles lawfully exercised s.178(a) authority to impound and correct a certificate of title; preliminary objection overruled.
* Land law – Registrar of Titles – statutory powers under Registrar of Titles Act s.178(a) – requiring surrender, cancelling or correcting certificates of title.* Administrative acts – validity of cancellation pending judicial challenge – Registrar’s decision stands until contradicted in court.* Procedural – preliminary objection to Registrar’s jurisdiction – overruled; substantive hearing to proceed.
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3 February 1998 |