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Citation
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Judgment date
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| March 2015 |
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Leave to appeal refused where applicant missed the 14‑day deadline, showed no grounds or prospects, and acted dilatorily.
Civil procedure — leave to appeal — requirement to act within 14 days; must show prima facie grounds meriting serious consideration; must demonstrate reasonable prospects of success; applicant must not be guilty of dilatory conduct; leave not to be used as stay of execution.
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31 March 2015 |
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Labour and Employment Law|Compulsory Retirement
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30 March 2015 |
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Board's supervisory suspension and referral were lawful; judicial review application dismissed for lack of merit.
Administrative law – Judicial review of school Board decisions; scope of Board powers under Education Act; ultra vires; natural justice – right to be heard; employer referral vs. local disciplinary action.
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27 March 2015 |
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Challenge to disciplinary reprimand and internal transfer dismissed for absence of illegality, irrationality or breach of natural justice.
Judicial review — grounds: illegality, irrationality (Wednesbury unreasonableness), procedural impropriety; disciplinary procedures in public service — notice, show-cause, right to be heard; transfers within service not constituting demotion; compliance with Public Service Standing Orders and District Service Commission powers.
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26 March 2015 |
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Applicant granted interlocutory injunction to preserve disputed land pending trial due to prima facie case and risk of irreparable loss.
Civil procedure – Temporary injunction – Application of American Cyanamid principles (prima facie case, irreparable harm, status quo, balance of convenience). Land law – preservation of disputed land pending determination where fraudulent transfer and risk of disposal alleged. Procedure – failure to file written statement of defence/affidavit in reply and participation in interlocutory proceedings.
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24 March 2015 |
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Contractual payment in lieu of notice, accepted by the employee, upheld as lawful termination where employer proved reasons for dismissal.
Employment law – termination by notice or payment in lieu under contractual clause; employer’s burden under s.68(1) Employment Act to prove reasons for dismissal; acceptance of payment in lieu and effect on wrongful termination claim; factual standard on balance of probabilities.
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24 March 2015 |
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Employee injured overseas awarded workmen’s compensation and damages for wrongful termination, medical expenses, interest and costs.
Employment law – wrongful dismissal – summary termination without termination letter or contractual severance in breach of contract. Workmen’s Compensation Act – scheduled disease (bursitis) – disease contracted in course of employment entitling employee to statutory compensation under s.27/s.29. Quantum – statutory formula for compensation; special and general damages for injury and wrongful dismissal. Evidence – employer’s failure to produce witnesses and rebut allegations of misconduct substantiates plaintiff’s claims.
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24 March 2015 |
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The appellant’s challenge to limitation and credibility findings was dismissed; court correctly applied s.5 Limitation Act and assessed evidence.
Limitation Act s.5 – accrual of cause of action on discovery; possession and adverse possession – continuous occupation and 14-year bar; evaluation of oral and locus evidence; credibility and demeanour of witnesses; burden of proof in land disputes.
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23 March 2015 |
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Appellate court set aside dismissal for want of prosecution where counsel’s negligence and sufficient cause justified reopening the case.
Civil procedure – Order 9 r.22 CPR – dismissal for want of prosecution; Order 9 r.27 CPR – setting aside ex parte judgment where sufficient cause shown. Negligence of counsel – when counsel’s laxity may constitute sufficient cause and should not necessarily be visited on the client. Appeal – appellate court duty to re-evaluate whether trial court applied correct legal principles and whether refusal to set aside amounted to miscarriage of justice. Land disputes – courts reluctant to finally dispose of family land matters without hearing merits where sufficient cause is shown.
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20 March 2015 |
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Appellant failed to prove purchase or title; first respondent found bona fide purchaser and appeal dismissed with costs.
Land law – proof of sale agreement – need for signatures and oral witnesses; Burden of proof – section 101 Evidence Act – onus on claimant to prove title; Bona fide purchaser for value – established where rival claimant fails to prove prior title; Procedural law – locus in quo visit not raised at trial cannot be raised on appeal.
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19 March 2015 |
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Revision dismissed: LC III validly called witnesses on appeal; supervisory remedy unavailable after LC proceedings concluded.
Local Council Courts — Appellate jurisdiction of LC III — Power to call witnesses and receive fresh evidence on appeal (Local Council Courts Act ss.32(1)(b), 34; Local Council Regulations r.65(5)) — Supervisory powers over LC courts exercised while court is seized — Revision under s.83 CPA not available to revisit proper appellate procedure post‑finality.
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17 March 2015 |
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Applicant cannot recover fees for work done before enrollment as an advocate; application dismissed and each party bears own costs.
Advocates’ professional conduct – counsel acting as witness – Regulation 9 Advocates (Professional Conduct) Regulations – Commissioner for Oaths Rule 7 – inadmissibility/irregularity of affidavits; Civil procedure – affidavit in reply versus supplementary affidavit; Advocates Act – recovery of fees where person not enrolled/without practising certificate – illegality bars relief; Pleadings and equity – party bound by pleadings; clean hands doctrine.
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17 March 2015 |
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Ex parte judgment set aside for ineffective substituted service; applicant granted right to defend subject to Shs.15,000,000 security.
Civil procedure – setting aside ex parte judgment – substituted service (O.5 r.18) requires prior due diligence; O.9 r.12 and r.27 discretionary relief; defendant’s prompt action and plausible defence justify setting aside; security for costs may be imposed as condition.
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13 March 2015 |
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Applicant had locus standi; magistrate erred by relying on non‑party evidence and denying parties a hearing.
Distress for rent – landlord–tenant relationship – locus standi to apply for distress – inadmissibility of evidence not properly before court (statements by non‑party) – summary proceedings and right to be heard – miscarriage of justice – remittal for rehearing.
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13 March 2015 |
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Dismissal without affording the mandatory hearing violated the plaintiff's right to fair administrative process; termination overturned.
Administrative law – right to fair hearing – Article 42, 44(c) Constitution; Employment Act 2006 s.66 – mandatory hearing before dismissal; summary dismissal – limits and requirement to hear employee; public service disciplinary procedure; proof of forgery/handwriting evidence; remedies for wrongful dismissal (declaration, general damages, interest, costs).
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9 March 2015 |
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Summary dismissal was wrongful where employer failed to disclose allegations and afford the employee a fair hearing; damages awarded.
Employment law – Summary dismissal – statutory and constitutional right to be heard (Employment Act ss.66,69; Constitution arts.42,44) – employer’s burden to prove gross misconduct/fundamental breach – insufficiency of disciplinary evidence – remedies: payment in lieu of notice, general damages; mitigation; punitive damages refused.
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9 March 2015 |
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State vicariously liable for arson by its agents; res ipsa loquitur applies and plaintiff awarded damages.
Tort—vicarious liability of the State for acts of its agents; negligence and res ipsa loquitur; limitation and accrual of cause of action where compensation negotiations ongoing; frustration of contract—onus of proof; quantum of damages for reconstruction, loss of rent and general damages.
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9 March 2015 |
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Employer’s failure to afford a fair hearing rendered dismissal unfair; withheld employer provident fund contribution and damages awarded.
Employment law – unfair dismissal – failure to afford fair hearing (Section 66 Employment Act 2006; Article 42 Constitution); disciplinary procedure – notice and particulars; bias/perception of bias; employer set-off under mortgage deed and recoverability of provident fund contributions; remedies – award of general and aggravated damages, interest and costs.
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3 March 2015 |