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Citation
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Judgment date
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| September 2017 |
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Temporary injunction granted to restrain sand mining and protect disputed land pending resolution of ownership.
Civil procedure – temporary injunction – requirements: prima facie case, irreparable harm, balance of convenience; Property law – contested ownership of land; Environmental/land use – sand mining as irreparable damage; Procedural issue – preservation of status quo pending determination of main suit.
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28 September 2017 |
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Failure to remit a magistrate’s two-year sentence for confirmation does not invalidate the sentence.
Magistrates’ Courts Act s173 – confirmation of sentences of two years or over; directory vs mandatory statutory requirements; effect of non-remittance on sentence validity. Magistrates’ Courts Act s174(4) – High Court confirmation powers equated to revision under Criminal Procedure Code. Sentencing — magistrate’s sentencing powers and limits on interference absent miscarriage of justice.
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22 September 2017 |
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21 September 2017 |
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Review application dismissed; no error apparent and general damages for unlawful removal upheld.
Civil procedure – Review – Grounds for review: error apparent on the face of the record, new evidence, or other sufficient reason – review is discretionary. Administrative/local government law – Validity of council resolution – statutory requirement of “more than half” of members for censure/removal. Damages – General damages for unlawful removal: reputation, career harm, emotional suffering, loss of earnings and double punishment.
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21 September 2017 |
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An affidavit sworn for co-applicants without written authorization is fatal; missing English translation is curable.
Affidavits – affidavit sworn on behalf of other parties requires written authorization attached; Attachments – documents must be in English (section 88), but translation defects are curable; Civil procedure – defective affidavit renders application incompetent.
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20 September 2017 |
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Ex parte garnishee order set aside where decree was irregularly extracted without applicant's approval and correct arrears breakdown.
Civil procedure – Garnishee proceedings – attachment of debts obtained ex parte – limits where decree extracted without the judgment debtor’s/third party’s approval and with unverified breakdown of arrears. Civil procedure – Draft decree/approval – requirement to involve opposite party when extracting decrees – Order 21 Rule 7(2). Advocates law – competence/authority of person who files proceedings and reliance on power of attorney – need for proof on record. Remedy – setting aside ex parte garnishee orders, correction of decree/summary and filing of true breakdown; each party to bear own costs.
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20 September 2017 |
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20 September 2017 |
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Failure to afford a hearing and breach of legitimate expectation rendered suspension and cancellation of a government grant unlawful.
Judicial review – suspension and cancellation of government grant; natural justice – right to be heard; legitimate expectation and fiduciary duty; certiorari and mandamus as remedies; extension of time for judicial review; procedural impropriety and improper influence.
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18 September 2017 |
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Failure to exhaust internal party remedies and to obtain leave for a representative suit rendered the challenge to nominations incompetent.
Electoral law – Political party primaries – Validity of cancellation of nominations – NRM Regulations 11–13 (nomination and campaign complaints). Civil procedure – Representative actions – Order 1 Rule 8 CPR – requirement for leave to sue on behalf of numerous persons. Administrative law – exhaustion of internal remedies – duty to refer campaign complaints to party Electoral Commission before litigation. Public law – official immunity (not decided).
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18 September 2017 |
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A court-sanctioned compromise binds successor counsel and the court may order an external audit, appointing one if parties fail to agree.
Civil procedure – consent judgments – compromise sanctioned by court under Order 25 r.6 operates as judgment binding successor counsel; Company law – court-ordered external audit where parties consent; interim injunction vacated by consent.
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13 September 2017 |
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Appellate court found the appellant paid the respondent; handwriting expert corroborated the voucher and set aside the judgment.
Civil procedure – contract dispute – burden of proof on plaintiff to show non-payment; evaluation of evidence on appeal; handwriting expert evidence admissibility and weight; payment vouchers as proof of receipt; appellate interference where trial court mis-evaluates evidence; general damages not recoverable where no breach established.
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12 September 2017 |
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High Court set aside distress and sale orders for lack of geographic jurisdiction, bailiff licence irregularity, and material irregularities.
Revision jurisdiction — Magistrates' court — Geographical jurisdiction over distraint of movable property; Pecuniary jurisdiction — valuation and statutory limits; Court bailiffs — validity of licence when executing distress; Service and proof of arrears — consequences of defective process and offsets; High Court revisional powers under Section 83 Civil Procedure Act.
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12 September 2017 |
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Registrar’s de-registration of board was quashed for procedural unfairness and bias; court ordered registration and a supervised general meeting.
Administrative law – Judicial review – natural justice – right to be heard – inadequate notice and refusal to adjourn vitiating administrative decisions; Company law – Registrar’s powers under Companies Act – limits where member will and procedural fairness prevail; Remedies – certiorari quashing Registrar’s decisions and mandamus compelling registration of validly obtained resolutions.
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12 September 2017 |
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Court granted mandamus and prohibition after finding ministerial interference and procedural impropriety frustrated a valid public procurement contract.
Administrative law – judicial review vs contractual remedy; extension of time for judicial review filings; IGG suspension of procurement and effect of IGG clearance; ministerial interference in agency procurement lacking PPDA mandate; mandamus to compel performance and prohibition to restrain interference; procedural impropriety and abuse of authority.
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4 September 2017 |
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Buyer entitled to refund where seller accepted payment but delivered a dilapidated vehicle; seller vicariously liable for bailiff's actions.
Sale of goods – buyer paid balance; seller obliged to deliver vehicle in the condition it was in when impounded. Contract – acceptance of full payment constituted repudiation of prior terms and creation of new obligation. Evidence – hearsay inadmissible under section 59; credibility and corroboration of eyewitness/service testimony. Agency/vicarious liability – principal liable for acts of bailiff/agents within course of employment. Remedies – refund, lost income, general damages, costs and interest (10% p.a.).
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4 September 2017 |