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Citation
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Judgment date
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| October 1999 |
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Bank held liable for negligent loan administration; plaintiff entitled to refund deposit with interest and costs.
Banking law – loan administration – agency versus principal – deposit as security/guarantee; implied duty to administer loans professionally and without negligence. Contract – express and implied terms – professional skill and diligence in loan management. Security documentation – defective mortgage, mismatched debenture/guarantee dates and title problems. Negligence – bank liable for negligent administration and recovery. Equitable relief – refund of deposit with interest and costs; no estoppel to bar refund claim.
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21 October 1999 |
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14 October 1999 |
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Plaintiff failed to prove forgery or link fraud to the mortgagee; claim to invalidate the mortgage dismissed with costs.
Property law – Registered title – Alleged forgery of Power of Attorney – Pleading requirements for fraud – Particulars and joinder of alleged forger – Liability of mortgagee for forged instruments – Burden to impeach registered title.
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14 October 1999 |
| September 1999 |
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Suspension without a fair internal hearing violated natural justice, entitling the applicant to arrears and costs.
Employment law – wrongful suspension and dismissal; natural justice – audi alteram partem in internal disciplinary/investigatory proceedings; admissibility and effect of criminal acquittal in related civil claims; entitlement to salary arrears and remedies where reinstatement is impracticable.
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29 September 1999 |
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Court granted conditional stay of execution pending appeal while addressing whether unsealed annexures render an affidavit incompetent.
Commissioners for Oaths – Affidavits – Annexures and exhibits – Rule 8 First Schedule to Commissioners for Oaths (Advocates) Act – requirement to seal and mark exhibits – effect of unsealed annexures on competence of affidavit – stay of execution conditional on security pending appeal.
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23 September 1999 |
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22 September 1999 |
| August 1999 |
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30 August 1999 |
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Whether an employee dismissed for misconduct is entitled to redundancy pay and whether a management's gratuitous promise is enforceable.
Employment law – redundancy v. dismissal for misconduct; presumption of redundancy and its rebuttal; enforceability of informal/gratuitous management promises; requirement of consideration for contractual claims for payment.
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17 August 1999 |
| July 1999 |
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Whether Tooro regency exists and whether Orukurato validly appointed lawful regents — court upholds regency.
Customary law – Regency in Tooro Kingdom – existence and codification in 1962 Constitution; Evidence Act ss.13 & 46 – proof of custom; Cultural institutions – capacity and composition of Orukurato to elect regents; Scope of regents’ authority – non‑ritualistic vs ritualistic functions; Testamentary/guardianship law – oral appointment ineffective; Judicial restraint – cultural disputes primarily for cultural assembly.
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13 July 1999 |
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Orukurato lawfully appointed regents; regents limited to non-ritual functions; plaintiff's challenge dismissed with costs.
Customary law — Regency in Tooro — Existence and codification of regency in 1962 Constitution; Orukurato's capacity to elect regents; scope of regents' authority (non-ritual functions only); limits of oral testamentary appointments; standard of proof for custom under Evidence Act.
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13 July 1999 |
| June 1999 |
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Registrar erred in staying execution where no stay application existed and deposited title was misleading; execution ordered to proceed.
Civil procedure – Execution – Registrar’s powers – Whether Registrar may stay execution absent an application – Relevance of court broker’s affidavit and valuation under Order 19 r.37 – Personal attendance for show-cause hearing – Fraudulent/misleading security lodged to defeat execution.
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30 June 1999 |
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Appeal against taxation of costs dismissed; instruction fees correctly awarded by taxing master.
Legal costs - Taxation appeal - Determinability of subject matter - Entitlement to instruction fees
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16 June 1999 |
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High Court struck out suit as the Court of Appeal’s judgment in rem vested the property in Government, so no cause of action existed.
Civil procedure – preliminary objection – whether plaint discloses a cause of action – Court of Appeal judgment in rem – binding effect on High Court – status of property under Expropriated Properties Act – striking out as frivolous and vexatious – discharge of injunction – costs awarded.
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15 June 1999 |
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Whether suspension and summary dismissal under the union agreement was lawful; admitted arrears awarded, other claims dismissed.
Employment law – Summary dismissal for misconduct – Applicability of Union Management Agreement versus staff regulations – Suspension and fair notice/procedure – Misconduct consisting of falsified inspection report – Award of admitted arrears.
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2 June 1999 |
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Order 48(3) CPR prevails over Order 6(1)(b) for notices of motion; particulars must be furnished.
Civil Procedure – Notice of Motion – interplay between Order 48 r.3 and amended Order 6 r.1(b) – generalia specialibus rule; Further and better particulars – when annexures are inapplicable or moot; Competency of motion – distinction from applications requiring evidentiary annexures (eg. setting aside ex parte judgments).
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1 June 1999 |
| May 1999 |
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Application for stay of execution and taxation of costs dismissed due to non-compliance with procedural requirements.
Civil Procedure – Stay of execution – whether execution had occurred – requirements for stay not met – costs.
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24 May 1999 |
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Sublessee must pay 25% of the ground rent as assessed by the local authority; plaintiff ordered to pay costs.
Landlord & tenant – Sublease – Ground rent: whether sublessee pays 25% of fixed historic rent or 25% of rent assessed by local authority; payment to local authority vs. reimbursement to headlessee; entitlement to enforce contribution and threaten re-entry; costs awarded to headlessee.
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12 May 1999 |
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Interim injunction granted to preserve possession and rents pending resolution of ownership dispute.
Civil procedure – Interim injunction – Requirements: preservation of status quo, prima facie case with probability of success, irreparable injury, balance of convenience – Registered proprietor in possession – Alleged illegality of repossession certificate raising triable issues.
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5 May 1999 |
| March 1999 |
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Stay of execution granted with condition of security deposit for costs pending an appeal.
Civil Procedure – Stay of execution – pending appeal – substantial loss – delay – security deposit
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31 March 1999 |
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An application dismissed for procedural errors, including defective affidavit and unsigned court summons.
Civil procedure – defective affidavit – non-compliance with Oaths Act – advocate as witness and counsel – unsigned summons
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31 March 1999 |
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17 March 1999 |
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Employer found liable for wrongful dismissal; plaintiff awarded special and general damages with high interest.
Employment law – existence and enforceability of employment contract despite missing page/signature; wrongful dismissal – employer breach and entitlement to damages; proof of special damages; counterclaim dismissed for lack of strict proof; interest and costs awarded.
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17 March 1999 |
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Section 47(2) empowers the Registrar to execute Court of Appeal decrees; warrant issuance was not an abuse of process.
Judicature Statute s47(2) – execution of appellate orders; Registrar’s power to issue warrants in execution; abuse of court process; interplay with Civil Procedure Act and Court of Appeal Rules.
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5 March 1999 |
| January 1999 |
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Plaintiffs failed to prove a lease on the disputed plot; transferee protected as bona fide purchaser, but plaintiffs awarded compensation for buildings.
Land law – lease vs customary tenancy; registration and identification of leased parcel (Plot 67 v. Plot 89); pleading and proof of fraud in title transfers; bona fide purchaser protection under the Registration of Titles Act; remedy by compensation for buildings where proprietary claim fails.
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15 January 1999 |
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Court dismisses claim for lease on Plot 89; the 5th Defendant a bona fide purchaser for value.
Property Law – Land Lease – Validity and enforceability of lease agreements – Customary ownership of buildings – Bona fide purchaser defense.
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15 January 1999 |
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Default for failure to plead deemed admission; defendant ordered to repay loan, agreed profit, proved bank charges, damages, interest and costs.
Civil procedure – default judgment and formal proof – entering appearance without filing defence can be treated as admission of liability. Contract/loan – oral loan evidenced by payment voucher – enforceability of repayment and agreed profit. Evidence – proof of special damages requires specific evidence; bank demand note admitted as proof of bank charges. Remedies – part payment deposited in court treated as satisfaction of part of debt; award of interest and costs. Appeals – leave to appeal granted by Court of Appeal with procedural directions.
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1 January 1999 |
| 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 |