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Citation
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Judgment date
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| 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 |
| October 1997 |
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Customary tenant wrongfully evicted; statutory termination procedure not followed, contract uncertain, damages and deposit refund awarded.
Land law – customary tenure (bibanja) – proof by long occupation and cultivation; Land Reform Decree s.7 – procedure for terminating customary tenure; unlawful demolition/eviction where statutory procedure not followed; sale receipts as mere acknowledgements – uncertainty of oral sale agreements and refusal of specific performance; damages and refund of deposit.
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31 October 1997 |
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Creditor's unconsented extension of payment discharged guarantor; late demand failed the guarantee's "immediately" requirement.
Commercial law – Guarantee/suretyship – Timing of demand – meaning of 'immediately' after 30 days. Suretyship – alteration of principal obligation by creditor without surety's consent discharges guarantor. Evidence – admissibility and concealment of documents affecting liability.
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23 October 1997 |
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Creditor's unilateral extension of payment time without guarantor consent discharged the guarantor; claim dismissed.
Guarantee law – requirement to demand payment "immediately" after 30 days – meaning of "immediately" and reasonable time; creditor's unilateral extension of payment time; variation of principal obligation without surety's consent discharges guarantor; admissibility and concealment of documents relevant to entitlement.
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23 October 1997 |
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Court apportioned 50% blame for a head-on collision, rejected inevitable accident, and awarded half the vehicle’s value less salvage plus costs and interest.
Road traffic negligence – duty of care of drivers – standard: reasonable care to avoid colliding with other road users. Inevitable accident – burden to prove event beyond driver’s control that could not have been avoided by greatest care and skill. Apportionment – contributory negligence where both drivers at fault; 50% split where evidence insufficient to exonerate either driver. Damages – special damages must be strictly pleaded and proved; uncontroverted expert valuation accepted for total loss; general damages assessed nominally. Interest and costs – decretal sum to carry interest and taxed costs awarded to successful plaintiff.
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22 October 1997 |
| September 1997 |
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The applicant proved ownership of the vehicle and obtained declaration, immediate surrender, damages, interest and costs.
Property/Ownership – vehicle ownership dispute – validity of purported transfer documents and signatures – adequacy of consideration stated in writings – unlawful detention and damages for loss of rental income.
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25 September 1997 |
| August 1997 |
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Employer vicariously liable for driver who negligently left tractor unattended; plaintiff awarded damages with defendants 80% liable.
Tort—Negligence—Vehicle left unlit and unattended on carriageway—Foreseeability of harm and duty of care—Vicarious liability of employer—Special and general damages—Novus actus interveniens and looters—Apportionment of fault.
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25 August 1997 |
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Plaintiff’s claim dismissed as time‑barred and lacking locus standi for want of statutory repossession certificate.
Limitation Act – section 6 – time‑bar – when cause of action accrues (acquisition by purchaser; vesting in State/Board). Expropriated Properties Act 1982 – section 5(1) and Regulation 10(3) – requirement of statutory certificate of repossession; administrative letter insufficient. Locus standi – possession of valid repossession certificate required to sue for recovery. Effect of prior consent judgment on subsequent claims to same property. Counterclaim abates when principal claim fails.
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18 August 1997 |
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Claim dismissed as time‑barred; plaintiff lacked statutory certificate of repossession and therefore standing; no cause of action.
Limitation Act – section 6 – time began to run from acquisition/taking over dates; Expropriated Properties Act 1982 s.5(1) and Regulations – statutory certificate of repossession required; locus standi – administrative letter insufficient; cause of action – effect of prior consent judgment on title disputes.
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18 August 1997 |
| July 1997 |
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Whether receipt of profit creates partnership and whether an oral guarantee binds the executive in absence of signed memorandum.
Partnership law – sharing of profits is not conclusive evidence of partnership; Contract law – guarantee requires a memorandum or note in writing signed by the party to be charged (s.4 Contract Act); Pleading – legal labels (e.g. "guarantee") must be supported by facts; Burden of proof – defendant must prove entitlement to claimed commissions; Evidence – transfers through personal account do not by themselves establish a guarantee or partnership.
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29 July 1997 |
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Whether plaintiff was owed US$365,000 for coffee pre-finance and whether partnership or guarantee existed.
Partnership law – participation in profits is not conclusive evidence of partnership; examine whole transaction and intention. Contract Act S.4 – guarantee requires a memorandum or note in writing signed by the party to be charged. Evidence – transfers through a director’s personal account may be loans, commissions or repayments; burden on defendants to prove commission entitlement. Remedy – money had and received; order for account; interest and costs.
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29 July 1997 |
| April 1997 |
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Vehicle hired and sub‑hired was stolen; court held contract frustrated and dismissed claim for return or value with costs.
Contract law – hire of chattel – self‑drive hire sub‑hired to third party; frustration by theft or disappearance; liability of hirer on sub‑hire; conversion and detinue – burden of proof; evidential relevance of reporting to police and precautions taken.
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10 April 1997 |
| March 1997 |
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Election set aside: winning candidate lacked requisite education and his nomination was invalid, necessitating a fresh poll.
Election law – qualifications for membership of Parliament – A‑level or statutory equivalent – proof and recognition of foreign/professional diplomas. Election law – nomination requirements – validity of nomination paper – minimum number and validity of supporting signatures. Evidence – standard and burden of proof in election petitions – preponderance of probability but clear proof required; burden may shift when facts are peculiarly within a party’s knowledge. Election law – allegations of malpractice – necessity to prove substantial effect on result before setting aside election.
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24 March 1997 |
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Election set aside for invalid nomination and lack of required candidate qualifications; fresh election ordered.
Electoral law — Candidate qualifications (A-level or equivalent) — Burden and standard of proof in election petitions — Nomination formalities (minimum signatures) — Material nomination defects vitiate election — Malpractice must substantially affect result to void election.
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24 March 1997 |
| February 1997 |
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Specific performance refused where defendant lacked legal title due to government vesting; purchase money refundable.
Property law – expropriated/departed-Asian properties; vesting in Government; ministerial consent; validity of sale; specific performance not available where vendor lacks title; restitution of purchase money and reimbursement of proved disbursements.
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26 February 1997 |
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Whether an award of interest at 30% p.a. implied compound interest and whether the Registrar’s certificate and garnishee order were valid.
Arbitration award — interest at specified rate — interpretation whether interest is simple or compound; Deputy Registrar’s certificate of interest; garnishee proceedings; effect of payment from security lodged pending appeal; acquiescence and estoppel to challenge interest calculations.
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26 February 1997 |
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Deputy Registrar’s compound-interest certificate set aside where arbitration award did not authorize compound interest.
Arbitration award – interest – whether interest at a stated rate implied compound interest; Deputy Registrar’s certificate – illegality where award not authorizing compound interest; garnishee proceedings – enforcement prevented where decretal amount satisfied by security; acquiescence by counsel insufficient to convert simple into compound interest.
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26 February 1997 |
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Failure to produce tender invoices and primary documents dismissed claim for unpaid transport services.
Contract/Tender – transport services – requirement to submit invoices as per tender terms – proof of services and quantum. Evidence – s.90 Evidence Act – where terms are reduced to document, parol evidence inadmissible; primary/secondary documentary evidence required. Burden of proof – plaintiff must prove services rendered and how claimed sum arose; failure to produce invoices fatal to claim. Admissibility – acknowledgements/correspondence insufficient absent primary invoices.
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24 February 1997 |
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Plaintiff’s claim for payment under a written tender failed for lack of the required documentary proof of services and quantum.
Contract/tender law – claim for transport services under a written tender – requirement to prove performance and quantum by documentary evidence. Evidence Act s.90 – where terms are reduced to writing, parol evidence is inadmissible to establish contractual terms or quantum. Burden of proof – plaintiff’s failure to produce invoices/primary documents defeats claim. Civil procedure – dismissal with costs where claimant fails to establish claim on balance of probabilities.
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24 February 1997 |
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Affidavit defects and improperly sealed annexures rendered the interlocutory Notice of Motion incompetent and it was struck out.
Civil procedure – interlocutory applications – s.190 Registration of Titles Act – locus standi of unregistered equitable owner – affidavits – Order 17 r.3(1) distinguishing personal knowledge and information/belief – duty to disclose sources – Commissioner for Oaths (Advocates) Rules – sealing and identification of annexures – defective affidavit renders Notice of Motion incompetent and liable to be struck out.
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20 February 1997 |
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Registered ownership alone does not establish possession for trespass; plaintiff failed to prove defendants liable.
Trespass to land – ownership versus possession – possession is required to sue for trespass; proof on balance of probabilities – identification of tortfeasors; vicarious liability – liability of committee for volunteers; assessment of special damages for excavated materials (valuation evidence).
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11 February 1997 |
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Lessee who elected to purchase reversionary interest but breached payment is estopped from claiming lease rights.
Property law – lease v. purchase – execution of sale of reversionary interest displaces lease; two estates cannot co-exist. Doctrine of election/estoppel by election – lessee who elects to treat third party as owner and enters purchase contract cannot later assert lease rights. Validity of sale by beneficiary – knowledge and dealings with beneficiary and administrators’ awareness can preclude challenge to locus. Relief against forfeiture – section 27 relief limited to non-payment of rent; not available to excuse breach of purchase contract.
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7 February 1997 |
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Lessee who elected to purchase the reversionary interest and breached payment is estopped from asserting the lease; forfeiture relief denied.
Property law – lease versus purchase of reversionary interest – incompatibility of co-existing estates. Election/estoppel – lessee electing to treat vendor as owner and entering sale is estopped from later asserting lease. Effect of part payment and deposit of title as security – supports purchaser relationship. Relief from forfeiture (Judicature Statute s.27) – inapplicable where dispute arises from breach of purchase contract, not mere non-payment of rent. Vendor locus and administrators’ awareness – administrators’ acquiescence and vendor’s dealing with lessee support validity of transaction.
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7 February 1997 |
| January 1997 |
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Fraudulent transfers via forged power of attorney voided; purchaser not bona fide and title restored to the plaintiff.
Property law – registration of title – forged power of attorney – fraudulent transfers; imputed notice and agent’s fraud; incomplete registration; stamp duty irregularities; purchaser not bona fide; cancellation of title and reinstatement of proprietor.
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1 January 1997 |
| November 1996 |
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Plaintiffs had standing and a cause against the appointing body, but sued wrong individual Regents; court substituted the Orukuraato and awarded costs.
Civil procedure – preliminary objections – non‑compliance with procedural form not necessarily fatal where intention in pleadings clear; locus standi – plaintiffs may enforce cultural rights under Article 37; cause of action – plaint disclosed reasonable cause against institution but not against individual Regents; substitution of parties – court may strike out improperly sued individuals and substitute the proper appointing body (Orukuraato) under O.1 r.10(2) CPR.
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5 November 1996 |
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Plaintiffs had standing and a cause of action, but the wrong individual Regents were sued; the Orukuraato should be substituted and costs awarded.
• Civil procedure – preliminary objections – locus standi, cause of action and misjoinder of parties; substitution of parties under Order 1 rule 10(2) and inherent jurisdiction.
• Constitutional law – Article 37 – right to promote culture and standing to enforce cultural institutional rights.
• Parties – institutional defendant (Orukuraato) vs individual Regents; costs for suing wrong parties.
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5 November 1996 |
| October 1996 |
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Court awards damages for defamatory publication alleging criminal offenses against the plaintiff, ruling in his favor.
Defamation - Libel - Publication of false allegations - Imputation of criminal offenses - Remedies for defamation.
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28 October 1996 |
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Whether a retirement circular formed a binding contract and whether the bank could offset a housing loan from termination benefits.
Contract law – Circulars as invitation to treat; application form as offer and acceptance mechanism; incorporation of special repayment terms for secured housing loan into voluntary termination contract; unlawful offset of housing loan and retention of title deed; entitlement to damages and costs.
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17 October 1996 |
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Employer breached retirement-package terms by offsetting and using the plaintiff’s retirement payments to repay a secured housing loan without agreed repayment terms.
Employment law – voluntary early retirement schemes – circulars as invitations to treat and part of contractual matrix; secured housing loans – requirement that repayment terms be agreed before departure; employer’s offsetting of retirement benefits – breach and damages.
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17 October 1996 |
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High Court set aside a consent taxation for material irregularity and ordered a fresh bill prepared and re-taxed in accordance with taxation rules.
Civil Procedure Act s.84 – Revisionary powers – High Court may call for record where lower court or Registrar acted with material irregularity or injustice. Taxation of costs – Registrar’s taxation may be set aside even if entered by consent where it results in injustice or fails to comply with applicable rules. Advocates (Remuneration and Taxation of Costs) Rules, 1932 – Requirement to separate service and professional charges; bill items must be provable and not exaggerated or repeated. Instruction fees – must be computed on the amount actually awarded in judgment, not on claimed or counter-claimed sums.
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7 October 1996 |
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High Court set aside a registrar's consent taxation for material irregularity and ordered fresh taxation complying with taxation rules.
Civil procedure — Revision — High Court calling for record under section 84 CPA where a Registrar/taxing officer acted with injustice or material irregularity; Taxation of costs — consent taxation and limits to setting aside absent fraud/undue influence; Instruction fees — must be computed on judgment amount, not unawarded counter-claim; Bill of Costs — compliance with The Advocates (Remuneration and Taxation of Costs) Rules 1932 and SI No.3 of 1998; Setting aside taxation and remitting fresh taxation.
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7 October 1996 |
| September 1996 |
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An election petition filed in the wrong district registry is incompetent; a lapsed advocate practising certificate alone does not invalidate filings.
Election law – Election petition venue – Rule 5(6) Parliamentary Elections (Election Petitions) Rules – Mandatory filing at District Registry of constituency – failure to comply renders petition incompetent and deprives court of jurisdiction. Civil procedure – Preliminary objections – wrong registry/venue – competence and jurisdiction. Advocates – Practising certificate – lapse of certificate does not automatically invalidate documents or render petition incompetent. Evidence – Affidavit allegations as matters of evidence/credibility, not necessarily incurable defects.
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24 September 1996 |
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An election petition filed in the wrong High Court registry under mandatory Rule 5(6) is incompetent and is struck off.
Election law – Parliamentary Elections (Election Petitions) Rules 1996, Rule 5(6) – filing venue mandatory – petition filed in wrong High Court registry is fatal and incompetent; Procedure – affidavits commissioned by advocates without valid practising certificates examined; substantive justice vs. procedural compliance – mandatory statutory filing rules cannot be ignored.
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24 September 1996 |
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Application to pay judgment debt by instalments struck out for wrong procedure and insufficient, non‑credible evidence.
Civil procedure – application to pay decretal amount by instalments – proper procedure: Chamber Summons under Order 18 CPR v Notice of Motion; Court’s inherent jurisdiction under section 101 Civil Procedure Act to vary payment terms; sufficiency of evidence of sickness/financial incapacity; bona fides and prior conduct of judgment debtor in instalment applications.
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18 September 1996 |
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An election petition without a valid accompanying affidavit cannot be amended and was struck out to protect statutory filing limits.
Election law – Parliamentary Elections (Election Petitions) Rules 1996 – Rule 3 and Rule 4(8) – petition must be accompanied by a valid affidavit; invalid affidavit (commissioned by person without valid practising certificate) renders petition non-existent; amendment cannot cure non‑existent petition; striking out and costs. Statutory time limits – section 90(3) – amendments cannot be used to evade filing deadlines.
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16 September 1996 |
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An election petition lacking a valid accompanying affidavit cannot be amended and must be struck out; costs awarded.
Election law – requirement that an election petition be accompanied by a valid affidavit – validity of affidavits commissioned by advocates/commissioners lacking valid practising certificates – inability to amend a non-existent petition – amendment cannot be used to circumvent statutory filing periods.
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16 September 1996 |
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Allocation of public land without following statutory re-entry/forfeiture procedure is unlawful; plaintiff’s lease restored and title cancelled.
Public Lands Act – re-entry and forfeiture – statutory notice, opportunity to remedy and gazettement required before reallocation; Registration of Titles Act – registered title prima facie absolute but defeasible where registration procured by illegality/fraud; Time in lease agreements – effect of registration delay and parties’ conduct on whether time is of the essence; Illegality in allocation of public land – nullity of subsequent title obtained without compliance with mandatory procedures; Remedies – declaration, restoration/extension of lease, cancellation of certificate of title, costs.
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16 September 1996 |
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A petition filed in the wrong High Court registry is incompetent and may be struck off; Rule 5(6) is mandatory.
Election law – Procedure – Rule 5(6) of the Parliamentary Elections (Election Petitions) Rules, 1996 is mandatory; petitions relating to constituencies within a High Court District must be presented at that District Registry; misfiling is fatal and renders a petition incompetent; involvement of advocates without valid practising certificates raises disciplinary concerns.
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14 September 1996 |
| August 1996 |
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The applicant's challenge to taxation failed because the taxing officer properly applied the 1996 Rules and exercised judicial discretion.
Taxation of costs — application of Advocates (Remuneration and Taxation of Costs) Rules — 1982 Rules read with 1996 Amendment — commencement and effect of amendment — scope for interfering with taxing officer's exercise of discretion — requirement to specify alleged wrong principles in appeal.
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22 August 1996 |
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Whether the 1996 amended Advocates' taxation rules applied and whether the taxing officer misapplied principles or exceeded discretion.
Taxation of costs – application of Advocates (Remuneration and Taxation of Costs) Rules – effect of 1996 Amendment replacing sixth schedule to 1982 Rules. Administrative law – appellate review of taxing officer’s exercise of discretion – interference only in exceptional cases. Evidence – inadmissibility of unauthenticated newspaper cutting to prove value of subject matter. Costs – instruction fees and assessment of quantum; inclusion and disallowance of items in taxation.
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22 August 1996 |