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Citation
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Judgment date
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| December 2014 |
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Applicant’s dismissal was procedurally unlawful, but plaintiff implicated in fraud; several counter-defendants held liable and ordered to pay UGX 30,000,000.
Employment law — Summary dismissal — Right to fair hearing under Employment Act 2006 and Constitution; Civil proof of fraud — heightened standard, admissions and contemporaneous statements; Fiduciary duties — employee breach of trust; Equitable remedies — knowing receipt/dishonest assistance and constructive trust; Remedies — declaration, general (nominal) damages, refusal of speculative/specially pleaded sums without audit evidence.
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23 December 2014 |
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22 December 2014 |
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Request to file a late appeal and related relief dismissed for procedural failure and dilatory conduct.
Appeals — extension of time — failure to follow statutory procedure (Section 96 CPA; Order 51 r.6 CPR) — absence of draft memorandum of appeal — availability of lower court record — dilatory conduct and lack of clean hands — stay of execution only if appeal on record.
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19 December 2014 |
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Court granted temporary injunction preventing university from filling Vice Chancellor post pending judicial review.
* Administrative law — Judicial review of university recruitment and reappointment procedures; whether open advertisement contravenes statutory reappointment rights.
* Interim relief — requirements for temporary injunction: prima facie case, irreparable harm, balance of convenience, preservation of status quo.
* Natural justice — right to fair hearing and appraisal before appointment; Attorney General's opinion not necessarily binding on corporate university.
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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 and abuse of process; invoked s.83 revision.
* Civil procedure – Revision under section 83 CPA – High Court’s power to set aside subordinate court’s orders where matter is already in issue in High Court. * Jurisdiction – Section 6 CPA – subordinate court barred from trying matters already before a higher court; acting in abuse of process. * Procedural irregularity – improper use of term "review" excused where pleadings and relief invoke revision.
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18 December 2014 |
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Applicant proved agent’s falsification was without his consent and that the revenue authority unlawfully detained his vehicle; damages awarded.
Customs law – EAC-CMA s.148(1) – owner’s consent for agent’s acts; Procedure on seizure and notice of claim (s.214, s.216) – failure to issue seizure notice and act lawfully; Remedies – rejection of unproven special damages; award of general and punitive damages for unlawful detention.
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17 December 2014 |
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An administrator holding letters of administration must distribute the estate and may not treat or sell estate property as personal.
Succession law – role and duties of an administrator (holder of letters of administration); letters of administration do not confer ownership; administrator must file inventory and distribute estate to beneficiaries; administrator’s sale or disposal of estate property for personal benefit impermissible; appellate review of magistrate’s factual and legal findings.
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17 December 2014 |
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High Court suit stayed under Section 6 CPA where an earlier magistrate’s suit on the same trespass matter is pending.
Civil procedure – lis pendens (Section 6 CPA) – stay of subsequent High Court proceedings where earlier subordinate-court suit is on same cause; Magistrates’ jurisdiction – Sections 207(1)(a) & 207(2) MCA – trespass and customary law matters; Transfer/remedy – Section 18 CPA; improper circumvention of jurisdiction by re-filing.
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16 December 2014 |
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Trial magistrate improperly entered summary repayment order without following Order 13 r.6 CPR; matter remitted for retrial.
Civil procedure – admission of fact – judgment on admission – Order 13 r.6 CPR – summary disposal of claim – failure to give reasons for refusing costs – remittal for retrial before different magistrate.
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16 December 2014 |
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Bona fide occupant protection for improvements held on gazetted sub-county land; unlawful eviction entitles occupier to damages and valuation-based compensation.
Land law – Gazetted sub-county land (1927) v informal occupation – bona fide occupant status for continuous undisturbed possession – unlawful eviction/trespass by local administration police – proof of damages for crops – valuation and compensation for improvements – vicarious liability of local government agents.
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10 December 2014 |
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High Court set aside summary judgment and dismissal of third‑party claim for material irregularity and remitted matter for proper trial.
Civil procedure – Revision under section 83 CPA – Entry of judgment on admission under Order 13 CPR – admission must be clear and unequivocal; Court must ascertain basis before entering judgment. Civil procedure – Third party proceedings under Order 1 r.18 CPR – court should require evidence and state basis before dismissing third party claim. Natural justice – right to be heard — material irregularity warrants revisional intervention.
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10 December 2014 |
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Appellant's sale invalid because donor's inter vivos gift vested only one garden; clan reallocation unproven.
* Land law – gift inter vivos – effect of inter vivos donation in divesting donor of property; * Customary succession – heirship cannot revive title after donor divested property during lifetime; * Customary land transactions – requirement for clan consultation and production of minutes; * Evidence – formal tendering/marking of documentary exhibits and appellate re-evaluation of trial findings.
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10 December 2014 |
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Whether LC II had jurisdiction over land and its judgment was void for lack of jurisdiction and service.
Revision; Jurisdiction of Local Council II in land matters under LCCA 2006; statutory summons/service requirements (S.15(2) LCCA); supervisory/revisional duty of Chief Magistrate (S.83 CPA); nullity of proceedings for lack of jurisdiction and improper constitution of LC I/II.
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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 marriage or family interest defeats spousal-consent claim; registered purchasers’ title and counterclaim upheld.
• Land law – family property and spousal consent – proof of customary marriage and ordinary residence – section 39 Land Act (as amended).
• Evidential burden and certificates of title – conclusiveness of title versus allegations of fraud – requirements to impeach title.
• Fraud and illiteracy claims – necessity of clear supporting evidence; fraud not to be presumed.
• Remedies – eviction, removal of caveats, damages and costs where registered purchasers establish title.
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1 December 2014 |
| November 2014 |
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The appellant failed to prove three kibanja purchases and was held a trespasser beyond the two acres; appeal dismissed.
Land law – kibanja tenure – burden of proof in claiming kibanja acquisitions; credibility of vendor and agreement author; weight of documentary versus oral evidence; trespass where occupation exceeds proven kibanja interest; appellate review of trial court’s evaluation of credibility and locus observations.
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24 November 2014 |
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Applicants’ terminations under unapproved Standing Orders were unlawful; court granted injunction and struck out substantive declaratory claims.
Employment law – judicial review – limits of judicial review (process not substantive awards); statutory corporations’ employees not necessarily ‘public officers’ under Article 173; Standing Orders required ministerial/Attorney General approval – lack of approval renders termination exercise unlawful; injunction granted to restrain illegal restructuring.
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20 November 2014 |
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IGG lacks legal capacity to be joined; Attorney General must represent government, so joinder dismissed with costs.
Civil procedure — Joinder of parties (O.1 r 10(2)) — Legal capacity and locus standi of public bodies — Inspectorate of Government lacks statutory corporate status to sue or be sued — Attorney General as proper representative of government interests.
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17 November 2014 |
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Retrenchment disguised as restructuring was unlawful; employee awarded statutory terminal benefits, aggravated damages, interest and costs.
Labour law – wrongful dismissal – retrenchment vs retirement in public interest; breach of court order and Public Service Commission directive; entitlement to terminal benefits under Local Government Act s.61 and pension under Pension Act; requirement of fair procedure, notice and hearing; aggravated damages for malicious and arbitrary dismissal.
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14 November 2014 |
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Court quashed unlawful interdiction for abandonment, ordered lawful inquiry and granted applicant right to be heard.
* Administrative law – Judicial review – prerogative orders (mandamus, certiorari) – control of ultra vires administrative action.
* Administrative law – Natural justice – right to a fair hearing – requirement to constitute investigating tribunal before interdiction/removal.
* Local government procedure – validity of interdiction/termination – necessity to follow statutory procedure and cite legal authority/minutes.
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11 November 2014 |
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Applicant failed to prove res judicata; trial magistrate properly rejected irrelevant documents and revision was dismissed.
Civil procedure – Revision under s.83 CPA – Res judicata – burden to plead and prove by producing prior judgment and proceedings – evidentiary insufficiency of ancillary letters – discretionary refusal to admit irrelevant documents – appeal vs revision.
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11 November 2014 |
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Stay pending appeal granted on condition applicant provides 30% security for due performance, payable cash or by title/vehicle.
Stay of execution — Order 43 r.4(3) CPR — security for due performance of decree — quantum and form of security — proportionate security (30%) acceptable — alternatives: cash, certificate of title, vehicle — appellate fairness vs. chilling effect of full deposit.
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6 November 2014 |
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Application for judicial review dismissed as premature; Commissioner’s S.91 investigation lawful and criminal inquiries not to be restrained.
Administrative law – Judicial review – Prematurity of relief where no final administrative decision issued – Commissioner Land Registration’s powers under S.91 Land Act to investigate and rectify register – Civil court will not restrain ongoing criminal investigations – Vicarious liability of Attorney General and Administrator General’s referral to police not proper grounds for interlocutory judicial review.
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5 November 2014 |
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Temporary injunction granted where prima facie case, irreparable harm, and balance of convenience favored the applicant.
Interlocutory injunctions — prima facie case; irreparable harm; balance of convenience; preservation of status quo; adverse possession dispute over registered land.
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3 November 2014 |
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Appeal allowed for mis-evaluation of evidence, improper locus in quo and reliance on an invalid Area Committee report.
Land law – trespass – appellate re-evaluation of evidence; improper locus in quo – reliance on non-witness show of hands; Area Land Committee report – non‑compliance with s.6(6) Land Act; miscarriage of justice – setting aside trial findings.
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3 November 2014 |
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Section 14A saves pleadings filed by an unqualified advocate; plaint not struck out and suit to proceed on merits.
Advocates Act – section 14A (Advocates Amendment Act 2002) – effect on pleadings filed by an advocate without a valid practising certificate; validity of proceedings where counsel impersonates or lacks authority; protection of innocent litigants; interplay of statutory amendment and pre‑amendment case law.
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3 November 2014 |
| October 2014 |
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Court refused to amend presiding magistrate finding, corrected a costs slip, and ordered each party to bear own costs.
Civil procedure – Correction of judgment (s.99 Civil Procedure Act; Order 52 CPR) – Reliance on certified record – Costs (s.27(1) Civil Procedure Act) – Accidental slip regarding lower court costs – appellate discretion on costs.
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31 October 2014 |
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Appellants’ prompt restoration application and counsel’s oversight justified setting aside an Order 9 r.22 dismissal; suit reinstated.
Civil procedure – restoration of suit dismissed under Order 9 r.22; sufficiency of cause; mistake of counsel – where mistake may justify restoration; affidavits – one applicant’s affidavit may suffice for joint applicants; jurisdiction – employment disputes and High Court’s concurrent jurisdiction; timeliness of appeal.
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31 October 2014 |
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Res judicata does not bar the suit where the earlier action was dismissed after attempted withdrawal and was not finally adjudicated.
* Civil procedure – Res judicata – Section 7 Civil Procedure Act – requirement that matter be "heard and finally decided" by a competent court – dismissal after attempted withdrawal not equivalent to adjudication on the merits.
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31 October 2014 |
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Section 144(4) makes a withdrawing election petitioner liable for respondent's costs; contrary magistrate order was set aside.
Election petitions – Costs on withdrawal – Section 144(4) Local Governments Act – "shall" construed as mandatory; Chief Magistrate acted beyond jurisdiction by waiving costs; revisional jurisdiction under section 83 Civil Procedure Act; admissibility and materiality of affidavits sworn by advocates; consent and court discretion on costs.
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31 October 2014 |
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Administrative suspension for alleged forged bid security quashed for procedural unfairness and errors on the face of the record.
* Administrative law – Judicial review – Certiorari to quash administrative decisions vitiated by errors on the face of the record.
* Natural justice – Right to be heard – Requirement to verify representation and afford fair hearing before suspension.
* Public procurement – Suspension for alleged forged bid securities – necessity of proper investigation and evidence.
* Remedies – Use of certiorari, prohibition, damages and costs where administrative process is unlawful.
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27 October 2014 |
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Decree Nisi granted for desertion where respondent’s uncontested absence was deemed admission under procedural rules.
* Family law – Divorce – Ground of desertion – requirement of factum and animus deserendi.
* Civil procedure – Substituted service and failure to file reply – allegations deemed admitted (Order 9 Rule 10 CPC).
* Relief – Grant of Decree Nisi where marriage irretrievably broken down; to be made absolute after six months; costs in the cause.
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24 October 2014 |
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High Court set aside magistrate's ruling, holding magistrates lack jurisdiction over employment disputes and awarding costs to applicant.
Civil procedure – Revision under section 83 CPA – High Court may call for records where a Magistrate exercised jurisdiction not vested in it; Employment law – Jurisdiction of employment disputes – Magistrate Courts lack jurisdiction under section 93 Employment Act; Civil procedure – Ex parte proceedings – Order 9 r.20 and proof of service.
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24 October 2014 |
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Sitting tenant has first option to purchase government house; title obtained in breach of guidelines is cancellable.
* Sale of government/district administration houses – Ministry circular and Public Service guidelines govern eligibility – sitting tenant has first option to purchase.
* Agency ultra vires – CAO/officers cannot set eligibility contrary to statutory or circular procedure.
* Property law – bona fide purchaser for value without notice – constructive notice of public sale guidelines defeats bona fides; title obtained by fraud cancellable.
* Appeal – appellate re-evaluation where trial court failed to apply legal principles leads to setting aside judgment.
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22 October 2014 |
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Appellant failed to prove ownership of the entire garden; trial court credibility findings and division of the land upheld; appeal dismissed with costs.
* Land law – proof of title – importance of documentary particulars and boundaries; oral evidence where written agreement is vague.
* Evidence – credibility findings by trial court entitled to respect on appeal.
* Local Council procedure – defects in LC proceedings may render resulting orders ineffective as proof of civil title.
* Criminal conviction for trespass does not establish civil ownership.
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22 October 2014 |
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Regulatory cancellation of recognition for a degree was unlawful: produced in contempt of court, denied hearing, and beyond the regulator’s statutory powers.
Judicial review – certiorari and prohibition – breach of court order – CIID report compiled contrary to injunction – natural justice (audi alteram partem) – procedural fairness – ultra vires conduct by regulatory body usurping university senate powers under Universities and Other Tertiary Institutions Act – remedies and limits to damages on motion.
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20 October 2014 |
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Appellant's inconsistent title claims failed against respondent's long possession; appeal dismissed and lower court judgment confirmed.
Land law – ownership dispute – proof by long possession versus competing claims of purchase or clan inheritance; evidence evaluation on appeal; procedural irregularity of unrecorded locus visit not fatal where in‑court evidence is clear.
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17 October 2014 |
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Appeal allowed: respondent failed to prove land ownership amid inconsistent evidence and a flawed locus visit.
* Land law – ownership dispute – burden of proof under Evidence Act ss.101–102; clarity on identity, extent and location of land required. * Locus in quo – procedural requirements; limited weight to unsworn/late witnesses; necessity for annotated sketch. * Appellate review – re-evaluation of evidence where trial findings are unsupported or plainly wrong.
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17 October 2014 |
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A purchaser cannot claim bona fide purchaser protection without proper due diligence where the seller lacked authority to sell.
* Land law – sale by person without title – purchaser's status; bona fide purchaser for value without notice – duty of due diligence.
* Civil procedure – pleadings in magistrates' courts – adequacy of oral evidence where no written defence filed (Order 6 r.27).
* Equitable relief – restitution/compensation by transfer of property to avoid unjust enrichment.
* Costs – taxation and consolidation of bills where disbursements appear excessive.
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17 October 2014 |
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17 October 2014 |
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A three‑year contract with a probation clause is not a statutory probationary contract; dismissal without a hearing was illegal and procedurally improper.
Employment law – probationary clause within a fixed‑term contract; definition of "probationary contract" under Employment Act 2006; applicability of Section 66 right to hearing; summary dismissal and natural justice; discretionary relief in judicial review and remedies (damages vs certiorari).
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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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The applicants' contract claim against the government was held time-barred and the plaint was rejected and dismissed with costs.
Limitation law – s.3(2) Civil Procedure and Limitation (Misc. Provisions) Act – actions founded on contract against government – three-year bar; Order 7 r.11(d) plaint rejection; plea of disability/excuse for delay; inability to sue statutory office (Inspectorate) and requirement to sue Attorney General.
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7 October 2014 |
| September 2014 |
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A radio broadcaster’s unverified defamatory broadcast of a public official warranted damages, apology and costs.
Defamation – broadcast media – slanderous allegations against a public official; duty of verification and journalistic ethics; consent judgment evidencing falsity; damages (general and exemplary) and public apology.
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29 September 2014 |
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Application to set aside consent judgment dismissed for failure to prove Attorney General lacked instructions.
Civil procedure – Consent judgment – Setting aside – Grounds limited to illegality, fraud, collusion, mistake or misapprehension of material facts; Authority of counsel – apparent and actual authority of State Attorney/Attorney General to compromise; Consent judgments as binding contracts; Execution and change of advocates not sufficient to vitiate consent.
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29 September 2014 |
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An unproved, inconsistent alleged will cannot dispossess a widow whose equitable interest supports lawful sale to bona fide purchasers.
Land law — succession and testamentary disposition — authenticity and proof of alleged will — equitable interest of surviving spouse — bona fide purchaser for value without notice — proper evaluation and marking of exhibits.
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26 September 2014 |
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Insufficiently pleaded and proved negligence and theft allegations defeat contract and damages claims against a security firm.
Contract and tort – security services – alleged theft from guarded premises – requirement for particulars of negligence – admissibility and weight of police report and hearsay – necessity to strictly plead and prove special damages – right to be heard in administrative/investigative findings.
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24 September 2014 |
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Appellant not shown to have maliciously caused arrest; punitive damages against him set aside and trial judgment overturned.
* Civil liability – False imprisonment and malicious prosecution – elements: termination in favour of plaintiff, lack of reasonable and probable cause, and malice in fact (malus animus).
* Evidence – Evaluation on appeal – re-assessment of credibility and institutional role of police in instigating arrest.
* Punitive/exemplary damages – ordinarily targeted at oppressive or arbitrary state action; not typically appropriate against private individuals absent culpable conduct.
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24 September 2014 |
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Registrar lacked jurisdiction and improperly granted an ex parte production order in breach of natural justice; appeal allowed with costs.
Civil procedure – Jurisdiction of Registrar (O.50 r.2–r.3) – limits to uncontested/consent judgments and formal preliminary steps; Access to Information Act – procedural notice requirements; Ex parte orders – permissibility only with urgency or impossibility of service; Natural justice – right to be heard; Irregular/illegal orders liable to be set aside.
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18 September 2014 |
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18 September 2014 |