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Citation
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Judgment date
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| December 2015 |
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Applicant lost locus standi by nominating as an independent; court dismissed the judicial review as academic with costs.
Judicial review – political party internal election disputes – locus standi of member who becomes independent – mootness/overtaken by events – curable affidavit formalities
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18 December 2015 |
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Judicial review of a parliamentary resolution was struck out for being filed after the three-month limitation without an extension.
Judicial review — Limitation period — Judicature (Judicial Review) Rules 2009 r.5 — Parliamentary resolutions subject to judicial review — Failure to seek extension renders application incompetent
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12 December 2015 |
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Dismissal without disciplinary hearing violated the applicant's right to a fair hearing; damages, interest and costs awarded.
Employment law — wrongful dismissal — disciplinary procedure — right to fair hearing (Article 28(1)) — proof of special damages — award of general damages, interest and costs
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2 December 2015 |
| November 2015 |
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Whether a road authority could lawfully award exclusive roadside advertising rights and remove existing advertisers.
Administrative law – Judicial review – Competency and time bar of claims against private contractor; Procurement law – award to non-existent beneficiary void ab initio; Ultra vires – exclusive roadside-advertising award unlawful and discriminatory; Statutory mandate – UNRA power to manage road reserves; Remedies – certiorari, prohibition, general damages, costs
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26 November 2015 |
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Revision granted where magistrate ordered formal proof despite a pending application to set aside a default judgment.
Civil procedure – Revision – Interlocutory orders – Magistrate ordering formal proof despite pending application to set aside default judgment – Material irregularity – Order set aside
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23 November 2015 |
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Failure to include an extracted decree does not amount to an apparent record error; counsel's negligence is not sufficient for review.
Civil procedure — Review application under Section 82/Order 46 CPR — Error apparent on face of record — Requirement to extract decree for appeals from magistrates' courts — Counsel's negligence not sufficient ground for review — Remedies: restoration or extraction and extension of time
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18 November 2015 |
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Plaintiffs proved ownership; defendants unlawfully impounded goods — court orders valuation, replacement payment and Shs.50,000,000 damages.
Property law — unlawful impounding/detention of goods — proof of ownership; landlord-tenant evidence required before distraint; unpleaded facts cannot be introduced in submissions; valuation of detained goods and award of replacement value and general damages
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13 November 2015 |
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Judicial review is inappropriate to challenge registered title or resolve landlord‑tenant disputes; fraud allegations require an ordinary suit.
Judicial review – scope limited to legality and fairness of administrative process; not a forum for merits of private contractual or proprietary disputes – Registered Title s.59 conclusive; fraud in title must be prosecuted in ordinary suit; landlord‑tenant disputes require private law remedies
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13 November 2015 |
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The respondent's ancestral land claim was time‑barred and failed for lack of proof, nullifying compensation and damages.
Limitation Act – actions to recover land subject to 12‑year limitation (s.5); Cause of action – enforceability defeated by time bar; Proof of ownership and compulsory acquisition; Declaratory relief and locus standi; Appeal – re‑evaluation of facts on first appeal
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9 November 2015 |
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Appellate court held respondent failed to prove customary heirship; appellants awarded land, injunction and costs.
Land law – customary heirship – proof of title by inheritance – credibility and possession evidence – appellate re-appraisal of facts – miscarriage of justice – injunction and costs
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9 November 2015 |
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Appeal allowed and retrial ordered where trial court misidentified disputed land and proof of court-ordered attachment was absent.
Land law – recovery of land – customary tenure – necessity of proof of court-ordered attachment/execution – misidentification of land in pleadings – re-appraisal of evidence on appeal – retrial ordered
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4 November 2015 |
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Pre-election electoral complaints must follow statutory EC procedures and pleadings alleging bad faith require specific particulars.
Electoral law — Section 15 Electoral Commission Act — statutory procedure and jurisdiction for electoral complaints; Article 61(1)(f) & Article 64 — appeals to High Court; Civil Procedure — Order 6 rr.2,3,5 — requirement to particularise bad faith/fraud/ultravires; Section 49 — limited immunity for EC officers (good faith only); Constitutional procedure — Article 50 enforcement actions require appropriate pleading (plaint vs Notice of Motion)
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4 November 2015 |
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Appellant failed to prove a gift of family land; court affirmed dismissal and ordered equitable distribution among the heirs.
Land law – inheritance and distribution of deceased’s estate – proof of gift – absence of written instrument – appellate re-evaluation of facts – exercise of inherent powers to order equitable distribution among heirs to promote family unity; letters of administration
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4 November 2015 |
| October 2015 |
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Whether a temporary injunction should restrain respondents from acting as the kingdom’s ruler pending resolution of a succession dispute.
Civil procedure — Temporary injunction — Requirement of prima facie case with probability of success, irreparable injury, and balance of convenience — Customary succession dispute — Legitimacy of enthronement
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30 October 2015 |
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The applicant alleged diversion of water by the respondent, but court found no causal link; heavy rains caused the flooding.
Tort — negligence and private nuisance — alleged diversion of water — causation — act of God defence (exceptional heavy rains) — appellate re-evaluation of facts — bias allegation unfounded
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28 October 2015 |
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An innocent purchaser may recover damages for fraudulent misrepresentation despite an illegal contract.
Contract law – Illegality of contract – Exceptions where innocent party (not in pari delicto) may recover; Misrepresentation/fraud – entitlement to special and general damages; Appellate review – re-evaluation of evidence and misdirection by trial court; Proof of special damages; Interest and costs
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27 October 2015 |
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Where service is denied, the plaintiff must prove effective service; insufficient affidavit leads to leave to file defence.
Civil procedure — Service of process — Effectiveness of personal service — Affidavit of service must show diligence and particulars — Burden on party alleging service — Leave to file defence where service denied — Time runs from effective service
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26 October 2015 |
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Whether execution of a consent order in 2000 entitled the creditor to collect rent and obliged appellants to remit excess rents.
Civil procedure – consent order enforcement – execution by taking possession – calculation and repayment of excess rent collected – setting aside irregular lump-sum award – notice to show cause – order for vacant possession
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21 October 2015 |
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Revision granted: judgments set aside for defective service, incompetent affidavit and irregular default proceedings.
Civil Procedure – Revision under s.83 – defective service of summons (Order 5) – substituted service – Affidavit formalities (Illiterate Protection Act Cap.78; Commissioner for Oaths) – irregular default judgment and execution – retrial ordered
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20 October 2015 |
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Court awarded workers’ compensation and UGX120,000,000 general damages for 80% permanent disability suffered on duty.
State liability for assault on judicial officer while on duty; quantum of general damages for permanent disability; aggravated damages not available where perpetrator not sued; workers’ compensation entered; interest and taxed costs awarded
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6 October 2015 |
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Appeal allowed for denial of fair hearing, misappraisal of title evidence, failure to visit locus in quo; retrial and protective injunction ordered.
Constitutional law — right to fair hearing — premature closure of defence; Land law — certificate of title (RTA s.59) conclusive absent fraud; Evidence — evaluation of customary ownership v. tenancy; Civil procedure — failure to visit locus in quo; Remedies — setting aside orders, injunction, retrial
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2 October 2015 |
| September 2015 |
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Court found lawful arrest but unlawful detention and malicious prosecution, awarding special, general and exemplary damages.
Constitutional law — Article 23 (production within 48 hours) — unlawful detention in ungazetted facility; Tort — malicious prosecution — absence of probable cause and malice; Evidence — forgery of commercial receipts; Remedies — special, general and exemplary damages; Interest and costs
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30 September 2015 |
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Delay in providing an emergency caesarean amounted to medical negligence, attracting vicarious liability and damages against the state.
Medical negligence — delay in performing emergency caesarean — duty of care owed on admission — breach causing stillbirth and uterine rupture — vicarious liability of government employer — damages: special, general and punitive; interest and costs
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30 September 2015 |
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Judicial review inappropriate where revision under section 83 is available to challenge small-claims magistrate decisions.
Judicial review – scope limited to decision-making process; not a substitute for appeal or revision – alternative remedy (revision under section 83 Civil Procedure Act) available – challenges to magistrates’ jurisdiction and small claims proceedings should be pursued by revision
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30 September 2015 |
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Whether a board resolution created a contractual entitlement to severance for the applicants.
Employment law – proof of employment by secondary evidence; admissibility of photocopies (Evidence Act s.64); board resolution as creating contractual entitlement to severance; computation and award of special and general damages; interest and costs
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30 September 2015 |
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Garnishee execution without an endorsed judgment/decree is illegal; court set aside execution and ordered refund.
Civil procedure – Garnishee proceedings – Requirement of a valid judgment/decree before execution – Consent agreements not endorsed by court do not constitute enforceable judgments – Registrar’s powers in garnishee examinations – Locus to challenge execution where illegality shown
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29 September 2015 |
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Mandamus order remained uncomplied with; enforcement and disputed computation must be pursued in the Execution Division.
Judgment enforcement – mandamus – non‑compliance with court order – contempt versus execution – proper forum for enforcement is the Execution Division; computation of decretal interest dispute not determinable in this application
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29 September 2015 |
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Court struck out suit against a non-existent defendant but allowed amendment to add the proper Local Government Council, finding no limitation bar.
Civil procedure – amendment and substitution of parties – Order 1 r.10; Non-existent party – cannot be substituted; Local Governments Act s.6 – Local Government Council has corporate personality; Limitation – Law Reform Act limitation treated as three years due to historical error; amendment permitted to add proper defendant
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29 September 2015 |
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A registered proprietor with a proprietary interest may be joined and heard in judicial review challenging allocation of land.
Judicial review — joinder of affected persons — locus standi — proprietary interest — Judicature (Judicial Review) Rules 2009, Rules 6(2) & 10(1) — service on persons affected — right to be heard
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28 September 2015 |
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Whether revocation of NGO registration without hearing breached duty of care and gave rise to tortious damages.
Administrative law – natural justice – right to be heard; Tort against government – negligence and duty of care of regulatory board; Limitation – disability postponing commencement; Damages – special, general and exemplary awards
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18 September 2015 |
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Summary dismissal without investigation breached the plaintiff’s right to be heard; university held vicariously liable.
Employment/contract law - wrongful summary dismissal; right to be heard; vicarious liability of institution for acts of departmental head; proof of special damages
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18 September 2015 |
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Whether registration by the respondent establishes ownership or may be rebutted when the vehicle was purchased for the applicant.
Roads and transport law – Vehicle registration – Section 30 Traffic and Road Safety Act – Presumption that registered person is owner is rebuttable – Documentary evidence (invoices, bills of lading, emails) can displace presumption – Remedies: declaratory relief, transfer of registration, release from custody, injunction, damages
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18 September 2015 |
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Failure to receive hearing notices constituted sufficient cause to set aside dismissal and reinstate the suit.
Civil Procedure — Order 9 r.18 — setting aside dismissal for want of prosecution; sufficiency of cause — failure to receive hearing notice; affidavit of service — late filing undermining proof of notice; reinstatement in interest of justice
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14 September 2015 |
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The defendant was vicariously liable for an employee’s wrongful detention of the applicant’s chattels, constituting trespass to goods.
Tort — Trespass to goods; vicarious liability for employee’s act; ownership and locus to sue for recovery of chattels; effect of settlement agreement on unaddressed relief; foreseeability and remoteness of special damages
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11 September 2015 |
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Whether the applicant showed sufficient cause to transfer two magistrates' court suits to the High Court on balance of convenience.
Transfer of proceedings – Section 18(1) Civil Procedure Act – balance of convenience – venue and forum non conveniens – delay and backlog – applicant-caused delay
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9 September 2015 |
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Senior government officers' emergency commitment bound the state; plaintiff awarded compound interest, damages and costs.
Contract — Government liability — Agency and ostensible authority — Emergency commitments by senior officials — Part payment revives limitation — Procurement irregularities do not void state liability — Compound interest awarded (reduced to 15% p.a. compounded), 6% post‑judgment interest — Nominal general damages and taxed costs
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9 September 2015 |
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Court ordered the contracting authority to withhold UGX 8.5 billion as security pending resolution of the main suit.
Civil procedure – Attachment before judgment – Order 40 rr.1,2,6,12 – Security for appearance – Third-party withholding of contractual payments – Preservation of assets pending suit
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9 September 2015 |
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Appellate court set aside trial judgment for plaintiffs due to inadequate evidence of ownership and unreliable witness testimony.
Land law — proof of title and possession — weight of documentary evidence — credibility of oral witnesses — appellate re-evaluation of evidence; inadequacy of uncorroborated witness testimony to prove ownership
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7 September 2015 |
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Whether pauper plaintiffs may recover disbursements, aggravated damages and interest on unpaid terminal benefits from the Government.
Employment law – terminal benefits – consent judgment confirming verified benefits; Civil procedure – pauper litigation and pro bono representation – recovery limited to disbursements; Damages – aggravated damages for oppressive governmental conduct; Interest – discretionary award under S.26(2) CPA, 10% p.a. on principal, 6% p.a. on aggravated damages
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3 September 2015 |
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Whether an applicant may amend a judicial review to add new parties and causes of action after filing, circumventing limitation and locus issues.
Judicial review — Amendment of notice — Rule 7(2) Judicature (Judicial Review) Rules — Addition of parties vs. amendment of grounds/reliefs — Locus standi — Limitation (three months) — Competency of application — Costs follow the event
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3 September 2015 |
| August 2015 |
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High Court retains constitutional jurisdiction over employment disputes but referred the case to the Labour Officer for first-instance determination.
Employment law; High Court jurisdiction v. specialised tribunals; Section 93 Employment Act; Article 139 Constitution; referral to Labour Officer; access to justice
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28 August 2015 |
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Plaintiff proved indebtedness for goods supplied in a summary suit and obtained judgment on ex parte evidence.
Civil Procedure — Summary suit (Order 36) — Ex parte proceedings (Order 9 r.20) — Burden of proof in ex parte hearings — Sales of goods — Invoices, delivery notes and statement of account as evidence of indebtedness
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27 August 2015 |
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Court refused leave to appeal a procedural ruling and ordered completion of cross‑examination before disposing of preliminary objections.
Judicial review — case management — timing of preliminary points of law — trial judge’s discretion to sequence cross‑examination and disposal of preliminary objections; interlocutory appeals — leave to appeal against procedural rulings ordinarily refused absent substantive point of law; fairness — right to re‑examination after cross‑examination.
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27 August 2015 |
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Adverse possession and limitation barred the appellant's land claim; respondents' title and possession were affirmed.
Property law – Adverse possession – uninterrupted possession (1973–2010) conferring equitable title; Limitation Act s.5 – twelve-year bar to recovery of land; Civil procedure – locus visit discretionary where parties know location; Evidence – credibility and consistency; Sale agreements – evidentiary weight and authenticity; Obiter – constitutionality concerns about dowry refund transactions (Mfimu)
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27 August 2015 |
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Termination was unlawful for lack of a section 66 hearing; employer may not unilaterally vary contractual notice provisions.
Employment law – termination vs dismissal – application of section 66 (right to hearing) – unilateral variation of contract by HR manual – computation of length of service on transfer to successor authority – remedies for wrongful termination (notice, leave, gratuity, damages, refund of deductions)
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27 August 2015 |
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Cancellation of a land title quashed for failure to give statutory notice and a fair hearing despite IGG investigation.
Judicial review – procedural impropriety; natural justice – right to be heard; Land Act s.91(8) – statutory notice, public hearing and communication of decision; Inspectorate of Government – investigative mandate and recommendations; cancellation and reinstatement of certificate of title
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26 August 2015 |
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Whether an improperly constituted council meeting invalidated the plaintiff’s dismissal and affected his employment entitlements.
Employment law — validity of dismissal — constitution and quorum of statutory governing council meetings — promotion validity and salary scale adjustments — cessation of employer NIC scheme and transition to NSSF — entitlement to terminal benefits under standing financial regulations — contingent government-funded salary increments not payable by employer
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25 August 2015 |
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A cooperative society lacked cause of action to sue for members' pensions; pension rights are personal to individual pensioners.
Locus standi; cause of action; representative/associational standing; pension rights personal to beneficiaries; declaratory relief cannot cure absence of cause of action
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25 August 2015 |
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Court reduced excessive taxation awards, recalculated reasonable instruction fees and disbursements, and allowed appeal with costs.
Taxation of costs – instruction fees – Sixth Schedule rules on instruction fees and two-counsel enhancement – judicial restraint in interfering with taxing officers’ awards – necessity and reasonableness of disbursements and travel claims – consistency with precedent
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24 August 2015 |
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Review dismissed: Appeals Tribunal is constituted ad hoc and review prerequisites were not established.
Civil procedure — Review — Section 82 Civil Procedure Act and Order 46 CPR — requirement of new evidence or error apparent on the face of the record; Insurance (Amendment) Act 2011 s.92A — Insurance Appeals Tribunal constituted ad hoc; appeal versus review remedy
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24 August 2015 |