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Citation
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Judgment date
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| June 2017 |
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An intention to commence statutory title-cancellation proceedings is not a reviewable decision; judicial review dismissed.
Administrative law – judicial review – definition of ‘decision’ – expression of intention to commence statutory proceedings not a final decision; Land law – Registrar’s powers under section 91 Land Act – preliminary steps to cancel title; Procedural law – sub judice does not render preliminary administrative steps reviewable; Remedies – certiorari and prohibition require a final reviewable act.
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29 June 2017 |
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Applicant lessor proved proprietary interest in attached vehicles; attachment set aside and vehicles released, each party to bear own costs.
Execution — Attachment before judgment — Claim by third-party lessor to attached vehicles — Lease retains ownership in lessor during lease term; lack of company seal not fatal; affidavit evidence sufficient to establish proprietary interest — Attached vehicles not liable to attachment.
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26 June 2017 |
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A public-interest NGO can sue under Article 50 for constitutional rights breaches, not for private torts or vague criminal claims.
Constitutional law – Article 50 – locus standi of public-interest organisations to enforce fundamental and other rights; limits of Article 50 – private torts/contractual claims and vague allegations of statutory contraventions are not maintainable under Article 50; striking out pleadings under Order 6 r.18.
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23 June 2017 |
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Revision granted and retrial ordered after finding unconscionable loan terms and irregular sale in execution.
Civil procedure – revision under s.83 Civil Procedure Act; mortgage/security – unconscionable loan terms; penalty clauses – distinction between penalty and liquidated damages; interest beyond contractual period; sale in execution – challengeability and material irregularity; retrial for miscarriage of justice.
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22 June 2017 |
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A guardian-signatory lacks standing to sue a bank over a minor’s junior account; the minor must sue via a next friend.
Banking law – junior account held in minor’s name – customer is the minor; capacity to contract – contracts for necessaries enforceable; guardians/signatories owe fiduciary duties to minor and must account to the minor; locus standi – enforcement must be by/for the minor (next friend); bank implements court orders concerning account operation and owes duties to account holder only.
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22 June 2017 |
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Appellant’s claim to a market lock‑up failed; trial court correctly found respondent’s predecessor built and occupied the premises; appeal dismissed.
Land/Property – market lock‑up ownership and possession; allocation by committee; credibility of allocation witness; weight of contemporaneous management records and construction evidence; appellate re‑evaluation of conflicting evidence; remedy limited to refund of improper payments.
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22 June 2017 |
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Respondents held in contempt for discussing sub judice matters; exemplary damages, penalty and costs awarded.
Contempt of court – requirements (lawful order; knowledge; ability to comply; disobedience); sub judice restrictions on publication; admissibility of audio evidence where recorder swears affidavit and translation is certified; remedies for contempt – exemplary damages, deposit penalty and costs.
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21 June 2017 |
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Appellate court affirms defamation finding, dismisses appeal and orders costs after re‑evaluating evidence.
Defamation — publication to third parties — test of whether words tend to lower claimant in estimation of right‑thinking members of society — burden on claimant to prove words uttered and capable of harming reputation — appellate re‑evaluation of evidence.
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20 June 2017 |
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Minister lawfully intervened under National Trade Policy to postpone chamber elections and address membership register deficiencies.
* Administrative law – judicial review – review of ministerial directives; * Ministerial powers – National Trade Policy as basis for intervention in trade-related associations; * Companies law – characterisation of company as public by operation of articles; * Corporate governance – absence of members register and electoral legitimacy; * Procedural fairness – stakeholder consultation and right to be heard.
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20 June 2017 |
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Recruitment started while a staff appeal was pending was unfair; tribunal ordered to determine the appeal within 45 days.
Administrative law – Judicial review of university recruitment – Fairness and legitimate expectation; Universities and Other Tertiary Institutions Act – Tribunal duty to determine staff appeals within 45 days; Court’s power to compel statutory bodies (mandamus); Interim injunction to prevent prejudice from premature recruitment.
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16 June 2017 |
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Registrar lacked jurisdiction to impose civil contempt sanctions; court corrected an overbroad order that unduly interfered with academic autonomy.
Administrative law — judicial review of university disciplinary action — natural justice and suspension — limits of judicial interference in university autonomy — Registrar’s jurisdiction in civil contempt — actus curiae neminem gravabit and service irregularity.
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15 June 2017 |
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Court found interdiction and hearing procedurally flawed but held termination lawful and dismissed the application with costs.
* Judicial review – employment discipline – illegality, procedural impropriety, irrationality. * Universities & Other Tertiary Institutions Act – powers of Vice‑Chancellor, Appointments Board and Council. * Natural justice – duty to disclose material and provide meaningful opportunity to be heard. * Fettering discretion – consultation versus abdication. * Bias – reasonable apprehension test and statutory composition of tribunals. * Remedies – discretionary refusal despite procedural defects; reinstatement not appropriate.
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15 June 2017 |
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Sale in execution not vitiated by legal assistant’s signature absent intent or proof of substantial injury.
Execution procedure – Order 22 r 8(2) CPR – signature by person "acquainted with facts"; Advocates Act ss.64–65–71 – impersonation requires mens rea; interpretation of modified prescribed forms; curable procedural irregularities; setting aside judicial sale requires proof of substantial injury.
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15 June 2017 |
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An arbitration clause required arbitration first, so the court stayed the summary suit and referred the parties to arbitration.
* Arbitration clause – contractual requirement to attempt amicable settlement then arbitration before resorting to courts – effect on jurisdiction and prematurity of suit.
* Stay of proceedings – court to stay suit pending arbitration where parties agreed to arbitrate.
* Alternative dispute resolution – constitutional duty to promote ADR (Article 126(2)(d)).
* Summary suit – procedural requirement to honour agreed dispute resolution process before adjudication.
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15 June 2017 |
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Default judgment and execution set aside for ineffective service on the corporation; defendant granted leave to defend.
* Civil procedure – Default/ex parte judgment – Ineffective service of summons on a corporation where affidavit of service omits time, date, place and identity/position of person served – judgment and execution set aside ex debito justitiae.
* Service on corporations – Order 29 r.2 – requirement to identify director, secretary or principal officer; functional test for principal officer.
* Order 36 r.11 – court’s discretion to set aside decree, stay execution and grant leave to appear and defend; procedural directions and mediation.
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15 June 2017 |
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Plaintiff entitled to statutory wrongful-death claim; driver negligent, employer vicariously liable; damages and funeral costs awarded.
Law Reform Act (s.5) – wrongful act/neglect/default – survivability of tort claim; Negligence – loss of control after tyre burst on murram road; Vicarious liability – employer/owner liability for employee driver; Damages – loss of dependency, multiplier approach, funeral expenses.
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14 June 2017 |
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Civil court will not enjoin DPP‑sanctioned prosecutions or bar criminal trials based on alleged IGG irregularities.
Judicial review — Prosecutorial authority — Constitutional Court declarations on IGG’s prosecutorial powers — Effect on DPP-sanctioned prosecutions; Civil versus criminal jurisdiction — Prohibition on civil courts interfering with competent criminal proceedings; Forum shopping; Right to fair trial challenges to evidence obtained during alleged irregular IGG constitution.
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13 June 2017 |
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Whether respondents were eligible DP members and lawfully elected to party offices; court dismissed the challenge for lack of proof.
* Political parties – party membership – membership cards as prima facie evidence of membership. * Eligibility for party office – ‘‘active membership’’ requirement – burden to prove ineligibility. * Political Organisations Act – duty to elect party executive committees per Electoral Commission roadmap. * Constitutional jurisprudence on change of party affiliation applies to Members of Parliament, not to general party office contests. * Public interest litigation – no order as to costs.
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8 June 2017 |
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Registrar validly allowed plaintiff’s withdrawal; Order 25 r.1 mandates costs on withdrawal absent defendants’ consent.
Civil procedure – Withdrawal of suit – Order 25 r.1 CPR – mandatory award of costs on withdrawal; Registrar’s jurisdiction – Practice Direction No.1 of 2002; Procedure – notice in writing v. chamber summons (Order 25 r.7); Fair hearing – written submissions as adequate engagement.
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7 June 2017 |
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Court quashed a council minute and restrained the respondent from acting after finding procedural irregularity in the appointment process.
Judicial review — procedural impropriety and illegality in local council decision-making; evidentiary requirement for certified minutes; amendment of order of business; remedies — certiorari, prohibition, injunction; reliance on Public Service Commission correspondence.
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7 June 2017 |