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Citation
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Judgment date
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| September 2015 |
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Prolonged unlawful detention and malicious prosecution by state agents warranted compensatory and exemplary damages.
Constitutional law — right of arrested person to be produced in court within 48 hours; unlawful detention in ungazetted places. Tort — malicious prosecution: elements of institution by state, lack of probable cause, malice, and favourable termination. Evidence — requirement to strictly prove special damages; expert handwriting analysis undermining documentary proof. Remedies — compensatory, exemplary damages and interest for arbitrary or oppressive state conduct.
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30 September 2015 |
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Respondents liable for negligent delay in emergency caesarean, causing stillbirth and maternal injury.
* Medical negligence – failure to perform emergency caesarean leading to stillbirth and uterine rupture – duty of care and breach; * Vicarious liability – employer liable for negligent acts of hospital staff; * Damages – special, general and exemplary damages awarded; * Limited resources/equipment not a lawful defence to inexcusable delay in emergency care.
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30 September 2015 |
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Judicial review inappropriate where revision under section 83 is available to challenge a magistrate’s small claims decision.
Judicial review — supervisory remedy concerned with decision‑making process; not an appeal. Revision under s.83 Civil Procedure Act is the proper remedy to challenge magistrates’ exercise of jurisdiction in small claims; alternative remedies preclude Judicial Review absent inadequacy.
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30 September 2015 |
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Board resolution to pay severance binds employer; plaintiffs entitled to severance, interest and costs.
Employment law – proof of employment where written contracts absent – admissibility of photocopies as secondary evidence; corporate minutes – effect of board resolution to pay severance; board resolution as contractual entitlement; assessment and proof of special and general damages; interest and costs awarded.
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30 September 2015 |
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Garnishee orders based on an unendorsed settlement were illegal; execution set aside and funds ordered refunded.
Civil procedure – Execution and garnishee proceedings; requirement of an extractable judgment or endorsed consent for execution; unendorsed settlement not a decree; Court of Appeal order directory and not self-executing; garnishee examination and compliance; locus to challenge on grounds of illegality; setting aside illegal execution and refund of funds.
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29 September 2015 |
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Enforcement of a mandamus-ordered payment belongs in the Execution Division; this court declined to grant committal here.
• Judicial review / mandamus – prerogative order directing payment of decretal sums and extraction of Certificates of Order; enforcement remedies.
• Contempt of court – alleged disobedience to judgment; requirement that parties comply with orders or lawfully challenge them.
• Execution procedure – Execution Division of the High Court is the proper forum for enforcing monetary judgments and seeking committal for non-compliance.
• Interest and computation disputes – contested arithmetic/interest calculations should be clarified in execution/enforcement proceedings.
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29 September 2015 |
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Court struck out proceedings against a non-existent defendant but allowed amendment to add the proper Local Government Council.
Civil procedure – amendment and substitution of parties – Order 1 rule 10 – limits where party has no legal existence; Local government – corporate personality – Local Government Council may sue or be sued; Limitation – actions under Law Reform Act treated as three-year period due to historical revision error; striking out non-existent parties.
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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 proceedings under the JR Rules 2009.
Judicial review – joinder of interested parties – locus standi of a registered proprietor – Judicature (Judicial Review) Rules 2009, Rules 6(2) and 10(1) – right to be heard of persons affected by the application.
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28 September 2015 |
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Revocation of NGO registration without hearing breached duty of care; plaintiffs awarded damages, interest and costs.
Administrative law – Revocation of NGO registration – Requirement to accord audi alteram partem – Board’s supervisory duty to public and organisations – Breach of duty gives rise to actionable negligence; Limitation law – suspension of limitation where plaintiff under disability until reinstatement; Civil procedure – pleadings and striking out defence; Damages – necessity to plead and prove special damages.
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18 September 2015 |
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Whether a university wrongfully dismissed a student without hearing and is vicariously liable for its lecturer's actions.
Administrative law/contract – student admission and termination; procedural fairness – right to be heard prior to dismissal; vicarious liability of university for acts of departmental head/lecturer; proof and quantum of special and general damages; mitigation of loss and aggravated damages.
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18 September 2015 |
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Registration creates a rebuttable presumption of ownership; documents proved the plaintiff’s ownership over the respondent.
* Motor vehicle ownership – Registration under s.30 Traffic and Road Safety Act creates a rebuttable presumption of ownership; * Documentary and transaction evidence (invoice, bill of lading, emails) can rebut registration presumption; * Procurement officer’s use of personal TIN to import and register company vehicles may amount to fraudulent registration; * Remedies: declaration of ownership, re-registration, release from custody, injunction, damages and costs.
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18 September 2015 |
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Non-service of hearing notices constituted sufficient cause to reinstate a suit dismissed for want of prosecution.
* Civil procedure – setting aside dismissal for want of prosecution – Order 9 r 18 – requirement to show sufficient cause. * Service – non-service of hearing notices as sufficient cause for non-appearance. * Evidence – probative value of an affidavit of service filed long after the event. * Judicial discretion – reinstatement in the interest of justice.
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14 September 2015 |
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Defendant vicariously liable for employee’s instruction to impound plaintiff’s vehicles, constituting trespass to goods and leading to damages and release order.
Tort — Trespass to goods by directing police to detain another's chattels; Vicarious liability for employee acts within course of employment; Locus standi to sue for recovery of impounded property; Settlement/consent judgment does not bar unrelated recovery of chattels; Award of general (but not speculative special) damages; Order for immediate release and interest.
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11 September 2015 |
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Application to transfer two suit files to High Court denied for wrong legal basis, locality of cause and applicant-caused delay.
Civil procedure – transfer/withdrawal of suits – power under Section 18(1) Civil Procedure Act; balance of convenience; venue and locality of cause of action; party conduct and delay; discretionary nature of transfer.
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9 September 2015 |
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Government liable for unpaid contractual medical fees; court awarded reduced compound interest, damages and costs.
Contract – Government liability – Binding contractual obligation created by instruction of senior officers despite procurement irregularities; delay in payment – part payment resets limitation; breach – entitlement to compound interest (reduced by court) and damages; evidentiary weight of handwriting expert vs witness admission.
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9 September 2015 |
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Court ordered UNRA to withhold 8.5 billion payable to the 1st respondent pending resolution to preserve applicant's claim.
* Civil procedure – Interlocutory relief – Attachment before judgment and security for appearance under Order 40 rr.1,2,6,12; preservation of assets pending suit.
* Evidence – Capacity to satisfy decree; residency/addresses of corporate directors as factor in risk of dissipation.
* Contracts – Withholding of payments due under government contract to secure potential judgment.
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9 September 2015 |
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Appellate court allowed appeal for lack of credible evidence of plaintiffs' ownership and accepted appellant's unchallenged documentary proof.
Land law – ownership disputes – burden and quality of evidence – admissions by parties’ witnesses – untendered or unchallenged documentary evidence – first appellate court re-evaluation of evidence and credibility.
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7 September 2015 |
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Pauper plaintiffs may recover disbursements only; government liable for terminal benefits with aggravated damages and interest awarded.
Public law/contractual entitlements – state liability for verified terminal benefits; civil procedure – pauper litigation and recoverable costs (disbursements v. instruction fees); damages – award of aggravated damages for oppressive government conduct; interest – discretionary award under s.26(2) CPA (10% on principal; 6% on aggravated damages).
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3 September 2015 |
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An application to amend a judicial review to add parties and new causes of action was denied as improper and time‑barred; dismissed with costs.
Judicial review — Amendment of proceedings — Rule 7(2) Judicature (Judicial Review) Rules — Amendment permits additional grounds/reliefs not addition of parties or new causes of action — Locus standi — Limitation period — Competence of amendment.
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3 September 2015 |