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Citation
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Judgment date
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| December 2014 |
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Dismissal unlawful for denial of fair hearing, but plaintiff denied damages after court found him complicit in bank fraud; several counter-defendants held liable.
Employment law – unfair/summary dismissal – right to fair hearing and notice; Fraud – proof standard higher than balance of probabilities; Conspiracy to defraud – agreement and unlawful means; Breach of fiduciary duty – constructive trust; Knowing receipt/dishonest assistance – liability of recipient of proceeds; Remedies – declaratory relief and monetary award; lack of sufficient audit evidence defeats quantified recovery and interest claims
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23 December 2014 |
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22 December 2014 |
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Application for late filing of appeal dismissed for failure to follow statutory procedure and for dilatory, contemptuous conduct.
Civil procedure – extension of time to file appeal – must invoke Section 96 CPA and Order 51 r.6 CPR; alleged missing record insufficient without proof; litigant’s dilatory conduct and contempt may disentitle equitable relief; draft memorandum of appeal helpful to show arguable grounds
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19 December 2014 |
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Whether a university may recruit a vice-chancellor while the applicant claims entitlement to reappointment without fresh competition.
Administrative law – university appointments – reappointment of vice-chancellor – judicial review – temporary injunction – prima facie case – irreparable harm – balance of convenience – preservation of status quo – binding effect of Attorney General’s opinion
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19 December 2014 |
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High Court set aside magistrate’s distress-for-rent order for lack of jurisdiction where matter was already before the High Court.
Civil Procedure Act s6 (no jurisdiction where matter already in issue in another court) – Civil Procedure Act s83 (revision) – Distress for rent – Abuse of process – Setting aside magistrate’s orders – Revocation of distress certificate
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18 December 2014 |
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Owner not liable for agent’s falsification without consent; customs unlawfully detained vehicle; damages awarded.
Customs law — EAC-CMA s.148 (agent/owner liability) — seizure procedure s.214/216 — failure to issue seizure notice — unlawful detention of vehicle — remedies: general, special, exemplary and punitive damages
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17 December 2014 |
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An administrator holding letters of administration is an agent, must distribute the estate, and cannot lawfully sell estate land; appeal dismissed.
Succession law — Administrator holding letters of administration is an agent, not owner — duty to file inventory within six months and distribute estate to beneficiaries — administrator cannot lawfully sell estate to the exclusion of beneficiaries — appeal dismissed
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17 December 2014 |
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A later High Court suit is stayed where an earlier substantially identical Magistrate’s Court suit is pending under Section 6 CPA.
Civil procedure – stay of subsequent proceedings – Section 6 Civil Procedure Act; Magistrates’ jurisdiction – Section 207 MCA (trespass, damage to property, conversion); Transfer of proceedings – Section 18 CPA; Forum shopping; Costs and leave to appeal
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16 December 2014 |
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A willingness to refund money was not a full admission; procedural errors warranted setting aside judgment and retrial.
Civil procedure — Admission of facts — Order 13 r.6 CPR — Judgment on admission vs. trial on remaining claims — Costs — Procedural irregularity — Retrial ordered
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16 December 2014 |
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Whether a bona fide occupant evicted from gazetted sub-county land is entitled to compensation for destroyed houses.
Land law – gazetted sub-county land (1927) – equitable interest of local government; Bona fide occupant – occupation undisturbed (1949–1982) – protection limited to occupied portion; Customary tenure – not proved where land gazetted; Trespass/unlawful eviction – eviction without court order by local administration police; Remedies – valuation for compensation for destroyed houses; costs awarded
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10 December 2014 |
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Magistrate erred by entering judgment without an unequivocal admission and by summarily dismissing the third‑party claim.
Civil procedure — Revision under section 83 CPA — Summary judgment on admission (Order 13 CPR) — Admission must be clear and unequivocal — Third‑party notice and indemnity (Order 1 r.18 CPR) — Dismissal without evidence amounts to material irregularity — Natural justice and right to be heard
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10 December 2014 |
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A deed inter vivos divested the donor’s estate, precluding the appellant’s heirship and invalidating the subsequent sale of disputed gardens.
Land law — donation inter vivos — proof of deed of gift — customary heirship and inheritance — validity of sale of customary land — requirement for clan consultation and documentary proof
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10 December 2014 |
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High Court set aside LC II judgment and execution for lack of jurisdiction, defective service, and supervisory failure.
Civil revision — High Court power under S.83 CPA — Local Council Courts Act 2006 — jurisdiction of LC II in land matters — statutory procedure and service (S.15) — natural justice — supervisory duty of Chief Magistrate — nullity of proceedings
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8 December 2014 |
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Administrative Action|Prima Facie|Temporary Injunction|CL
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5 December 2014 |
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Failure to prove customary marriages or fraud meant the registered sale stood; purchasers’ counterclaim succeeded with eviction, damages and costs.
Land law – family property – proof of customary marriage; spousal consent under Section 39 Land Act; registered title and bona fide purchaser; impeachment of title for fraud; eviction and removal of caveats; award of general damages
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1 December 2014 |
| November 2014 |
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Appellant failed to prove three kibanja holdings; appeal dismissed and trespass finding upheld.
Land law – kibanja holdings; proof of acquisition; credibility of vendor and written agreements; trespass for encroachment beyond proven kibanja; Mailo tenure; assessment of documentary versus oral evidence
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24 November 2014 |
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Judicial review cannot determine terminal benefit quantum; termination under unapproved Standing Orders was unlawful, injunction granted.
Judicial review — limits to reviewing substantive awards; Employment law — restructuring and termination; Statutory Standing Orders — requirement of ministerial/AG approval; Definition of public officer under Article 173; Injunctive relief for procedural illegality
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20 November 2014 |
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The applicant lacks legal capacity to be joined as party; the Attorney General must represent government interests.
Civil procedure – joinder of parties; locus standi/legal capacity of public bodies; Inspectorate of Government – lack of corporate status to sue or be sued; Attorney General as proper representative of government interests; binding Supreme Court precedent
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17 November 2014 |
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Unlawful retrenchment in bad faith; plaintiff entitled to statutory terminal benefits, pension, aggravated damages, interest and costs.
Employment law – Unlawful dismissal and avoidance of court/PSC reinstatement orders – Retrenchment vs retirement in public interest – Entitlement to terminal benefits under Local Government Act and pension – Aggravated damages for malicious dismissal
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14 November 2014 |
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Interdiction for alleged abandonment was ultra vires and violated natural justice; mandamus and certiorari granted.
Administrative law – ultra vires administrative act – natural justice and right to fair hearing – prerogative remedies: mandamus and certiorari – local government employment termination
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11 November 2014 |
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Applicant failed to prove res judicata; trial Magistrate's rejection of documents was not a material irregularity.
Civil procedure – Revision under s.83 Civil Procedure Act – Res judicata (s.7) – Burden of proof on party alleging res judicata – Evidentiary value of documents – Appeal is proper remedy for erroneous evidential rulings – Finality of litigation
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11 November 2014 |
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Stay pending appeal granted on condition applicant lodges 30% security for due performance, payable cash or by title/vehicle.
Civil procedure – stay of execution – Order 43 r.4(3) CPR – conditions for stay: substantial loss, no unreasonable delay, security – security for due performance may be proportionate – security in kind (title/vehicle) – 30% decretal sum ordered
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6 November 2014 |
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Judicial review dismissed as premature; Commissioner’s S.91 investigatory powers lawful and criminal investigations cannot be restrained by civil court.
Land law – Commissioner of Land Registration – s.91 Land Act – notice to rectify register – investigatory powers; Judicial review – prematurity where administrative decision pending; Ultra vires – scope of Registrar’s powers; Civil non-interference with criminal investigations; Vicarious liability – Attorney General and police; Res judicata – consent judgment vis-à-vis different parties
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5 November 2014 |
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Whether a temporary injunction should restrain eviction where the applicant claims long adverse possession and irreparable loss.
Civil procedure — Temporary injunction — Prima facie case; irreparable injury; balance of convenience; preservation of status quo — Land dispute — Adverse possession vs registered lease — Order 41 CPR; Section 38 Judicature Act
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3 November 2014 |
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Appeal allowed for mis-evaluation of evidence, improper locus in quo, and defective Area Land Committee report.
Land law – trespass – evaluation of evidence on appeal – compliance of Area Land Committee report with s.6(6) Land Act – locus in quo procedure and inadmissibility of non-witness opinions – misdirection and miscarriage of justice
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3 November 2014 |
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Section 14A of the Advocates Act saves pleadings filed by unqualified advocates; pleadings are not automatically void.
Advocates Act s.14A – saving of pleadings filed by advocates without practising certificates; representation by unqualified advocate; validity of pleadings; access to justice; striking out pleadings
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3 November 2014 |
| October 2014 |
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Whether the High Court should correct alleged errors in its judgment and how costs should be apportioned on appeal.
Civil procedure — Correction of judgments under Section 99 CPA — Reliance on certified lower court record — Costs discretion under Section 27(1) CPA — Accidental slip in awarding lower-court costs corrected to limit costs to appeal
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31 October 2014 |
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Appeal allowed: dismissal under Order 9 r.22 set aside—appellants diligent, single affidavit sufficient; suit reinstated subject to correct forum and limitation.
Civil procedure – setting aside dismissal under Order 9 r.22; mistake of counsel – relief in interests of justice; single affidavit by one applicant sufficient; jurisdiction of Magistrates' Court vs High Court in employment claims; timeliness of restoration application and appeal
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31 October 2014 |
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Res judicata does not bar a suit where the prior proceeding was dismissed without adjudication on the merits.
Civil procedure — res judicata — Section 7 Civil Procedure Act — requirements: same parties, same cause, matter "heard and finally decided" — dismissal after attempted withdrawal is not final adjudication
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31 October 2014 |
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High Court held costs on withdrawal of an election petition are mandatory under Section 144(4); lower court order set aside.
Election law — Withdrawal of election petition — Costs on withdrawal — Section 144(4) Local Governments Act construed as mandatory — Magistrate’s jurisdictional error — Revision under s.83 Civil Procedure Act; Procedural law — Affidavit defects and severability; Delay in bringing revisional proceedings
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31 October 2014 |
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Administrative suspension for alleged forged bid securities quashed for procedural unfairness and material errors; damages and costs awarded.
Administrative law – Public procurement – Suspension of bidder – Procedural irregularities and mistakes on the face of the record – Breach of natural justice (right to be heard) – Certiorari and prohibition to quash unlawful suspension – Nominal general damages awarded
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27 October 2014 |
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Decree nisi granted for divorce where respondent deserted matrimonial home and failed to file a defence.
Family law — Divorce — Desertion — elements: factum and animus deserendi — proof by unchallenged petition — substituted service and ex parte hearing — Order 9 Rule 10 CPR: failure to file defence deemed admission — decree nisi granted to be made absolute after six months
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24 October 2014 |
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High Court set aside Magistrate’s ruling for lack of jurisdiction over employment disputes and awarded costs.
Civil procedure — Revision under s.83 Civil Procedure Act — Magistrate’s Court jurisdiction — Employment disputes and s.93 Employment Act — Ex parte proceedings where service proved (Order 9 r.20 CPR)
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24 October 2014 |
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A sitting tenant (the appellant) has first option to buy government houses; title obtained with constructive notice is voidable.
Government houses sale – sitting tenant’s first option to purchase – public service sale guidelines – bona fide purchaser with notice – title obtained by fraud – ultra vires acts of CAO
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22 October 2014 |
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Appellant failed to prove ownership; civil title cannot be established by criminal conviction and LCIII decision was ineffective.
Land law – ownership – sale agreement without boundaries; evidentiary sufficiency and witness credibility; LC Courts Act – requirement to commence at LC I; criminal trespass does not establish civil title; appellate review of credibility
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22 October 2014 |
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The respondent’s decision was unlawful, procedurally unfair and beyond the respondent’s statutory powers.
Administrative law — Judicial review: certiorari and prohibition; natural justice — audi alteram partem; ultra vires — NCHE exceeded statutory mandate by encroaching on university senate functions; contempt of court — reliance on CIID report compiled despite injunction
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20 October 2014 |
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Appellant's inconsistent title claims defeated by respondent's long possession; magistrate's judgment confirmed despite unrecorded locus visit.
Land law — proof of title — inheritance and purchase claims; long possession/occupation as basis of title; appellate review of credibility; locus visit procedural irregularity not necessarily fatal
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17 October 2014 |
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Claimant failed to prove ownership amid contradictory evidence and a perfunctory locus visit; appeal allowed, injunction and costs to appellants.
Land law – proof of ownership – burden of proof on claimant; Locus in quo – procedural irregularities and limited probative value; Appellate re-evaluation of factual findings where trial evidence is contradictory
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17 October 2014 |
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A purchaser’s bona fide defence fails where the seller admits lack of authority; appeal dismissed and trial orders confirmed.
Land law – sale by unauthorised person – intermeddling in estate; Bona fide purchaser for value without notice – duty of due diligence; Civil procedure – oral evidence in absence of written defence; Appeals – re-evaluation of evidence by appellate court; Costs – taxation and consolidation of bill
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17 October 2014 |
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17 October 2014 |
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Termination without a hearing of an employee under a fixed‑term contract breached statutory and constitutional fair hearing rights.
Employment law – fixed‑term contract with probation clause not equivalent to a probationary contract under s.67 Employment Act 2006; statutory and constitutional right to a hearing before dismissal (s.66, Art.42); procedural impropriety and illegality in dismissing on an inconclusive audit without disciplinary process; judicial review remedies and discretion; damages for wrongful termination
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16 October 2014 |
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Interlocutory injunction denied where plaint lacked prayer for permanent relief and disciplinary and criminal proceedings may run concurrently.
Civil procedure – interlocutory injunctions – competence of application where no prayer for permanent injunction in plaint. Employment law – concurrent disciplinary and criminal proceedings – employer may proceed with both where policy and law allow. Constitutional right – right to silence not automatically infringed by internal disciplinary hearings. Interim relief – tests of prima facie case, irreparable harm, and balance of convenience applied
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9 October 2014 |
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A contract claim against government filed after the three-year limitation period is time-barred; plea of disability rejected.
Limitation of actions — contract claims against government — s.3(2) Civil Procedure and Limitation Act — time-bar — substitution/withdrawal of earlier suit — plea of disability — Order 7 r.11(d) rejection of plaint
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7 October 2014 |
| September 2014 |
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An unverified radio broadcast falsely accusing the plaintiff of adultery warranted damages, a public apology, and costs.
Defamation — broadcast allegations of adultery — media duty to verify and observe journalistic ethics — consent judgment establishing falsity — award of damages and mandatory public apology
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29 September 2014 |
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Consent judgment upheld where Attorney General had authority and no fraud, mistake, or illegality was shown.
Civil procedure — Consent judgment — Set-aside only for illegality, fraud, mistake or misapprehension — Apparent authority of counsel/Attorney General to compromise — Financial incapacity not a ground
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29 September 2014 |
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Whether an unproved testamentary declaration can defeat a surviving widow’s equitable interest and invalidate a bona fide purchaser’s title.
Property law – succession and testamentary disposition – authenticity and proof of alleged wills/declarations; equitable interest of surviving spouse; bona fide purchaser for value without notice; appellate re-evaluation of evidence and improper handling of exhibits
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26 September 2014 |
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Insufficiently pleaded particulars and inadequate evidence defeated claims of theft, negligence, breach of contract and damages.
Contract and tort — security services — failure to particularise negligence; vicarious liability; sufficiency and admissibility of police report and hearsay; audi alteram partem; proof of special, general and exemplary damages
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24 September 2014 |
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Whether a private complainant’s report, absent malice, supports malicious prosecution and punitive damages against him.
Malicious prosecution — elements (termination in favour, lack of reasonable and probable cause, malice) — reasonable and probable cause defined; False imprisonment — instigation to arrest and identification of who set law in motion; Punitive damages — awarded against state servants for oppressive conduct, not private complainants acting without malice; Appellate re-evaluation of evidence and weight of witness credibility
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24 September 2014 |
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Registrar lacked jurisdiction and improperly issued an ex parte production order, violating natural justice.
Civil Procedure Rules (O.50) – limits on Registrar’s jurisdiction; Access to Information Act (s.5) – compliance with procedural notice requirements; Ex parte applications – necessity of urgency or impossibility of service; Natural justice – right to be heard; Illegal/irregular orders set aside
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18 September 2014 |
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18 September 2014 |