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Citation
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Judgment date
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| December 2024 |
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20 December 2024 |
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19 December 2024 |
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18 December 2024 |
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18 December 2024 |
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9 December 2024 |
| November 2024 |
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25 November 2024 |
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4 November 2024 |
| October 2024 |
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31 October 2024 |
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21 October 2024 |
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A procedural misstep using Notice of Motion instead of Originating Summons was treated as a non-fatal technicality; application proceeds.
Civil procedure – administration of estates – Order 37 r.1 (originating summons) vs Order 52 (notice of motion) – correct procedure for estate distribution disputes. Preliminary objection – wrong procedure – whether procedural misjoinder is fatal or merely irregular. Constitutional law – Article 126(2)(e) – courts may overlook procedural technicalities to secure substantive justice where no prejudice results. Jurisdiction – procedural irregularity not fatal where jurisdiction unaffected and no miscarriage of justice shown.
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16 October 2024 |
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15 October 2024 |
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An appellant held in contempt must purge the contempt or provide security before obtaining a stay pending appeal.
Contempt of court – failure to comply with consent orders for joint boundary opening – appeal does not purge contempt – contemnor must purge contempt (comply or provide security) before obtaining stay or audience in related proceedings.
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3 October 2024 |
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1 October 2024 |
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1 October 2024 |
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1 October 2024 |
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1 October 2024 |
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Substituted service was valid; attachment before judgment was properly maintained, but the applicant may file a defence out of time.
Civil Procedure — Attachment before judgment (Order 40 r.5–6 CPR) — requirement to show good cause or furnish security to set aside attachment. Civil Procedure — Service of process — substituted service by publication — effectiveness where defendant has no known address and has evaded personal service. Civil Procedure — Extension of time to file defence — discretionary relief in interest of substantive justice (Order 8 r.1(2); Order 51 r.6). Pleading — citation of wrong statute does not automatically invalidate proceedings absent prejudice.
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1 October 2024 |
| September 2024 |
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25 September 2024 |
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24 September 2024 |
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10 September 2024 |
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9 September 2024 |
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9 September 2024 |
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5 September 2024 |
| July 2024 |
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Respondents found in contempt for disobeying a court order by issuing a second ruling.
Contempt of court - disobedience of interim court order - court authority - legal compliance
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15 July 2024 |
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15 July 2024 |
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Application to vacate a consent order dismissed due to lack of mistake or ignorance of material facts.
Civil Procedure - Consent Orders - Grounds for setting aside consent orders - Mistake of material fact.
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15 July 2024 |
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9 July 2024 |
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8 July 2024 |
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8 July 2024 |
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2 July 2024 |
| June 2024 |
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25 June 2024 |
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24 June 2024 |
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20 June 2024 |
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17 June 2024 |
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13 June 2024 |
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13 June 2024 |
| May 2024 |
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23 May 2024 |
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20 May 2024 |
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15 May 2024 |
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Preliminary objections alleging limitation, adverse possession, undervaluation and frivolousness were overruled; main suit proceeds.
Limitation Act – Section 25 – fraud discovery rule; Adverse possession – animus possidendi and 12‑year possession requirement; Cause of action – plaint must show right, violation and defendant’s liability; Pleadings valuation – necessity of valuation evidence or additional fees; Caveat – premature to vacate where cause of action disclosed.
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15 May 2024 |
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15 May 2024 |
| April 2024 |
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15 April 2024 |
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15 April 2024 |
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8 April 2024 |
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8 April 2024 |
| March 2024 |
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26 March 2024 |
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21 March 2024 |
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20 March 2024 |
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18 March 2024 |
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13 March 2024 |