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Citation
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Judgment date
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| October 2017 |
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Plaintiff failed to prove fraudulent transfer; defendant held legal title and suit dismissed with costs and eviction order.
Land law – Allegation of fraudulent transfer of title – heightened civil standard of proof for fraud; credibility and documentary evidence determinative. Property – Bona fide purchaser for value without notice – requires proof of pre-existing equitable interest; absence of such interest renders claim redundant. Evidence – burden and standard of proof in civil fraud allegations; contradictions by claimant fatal to claim.
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11 October 2017 |
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A High Court cannot hold another court in contempt; subsequent prosecutions on different charges after excluded torture evidence are not disobedience.
Contempt of court – whether a superior court can hold another court/court martial in contempt – no authority to do so Civil contempt – disobedience to court orders; criminal contempt – impeding administration of justice Evidence – suppression of confession obtained by torture; effect on subsequent prosecutions Prosecutorial discretion – DPP may prefer different charges notwithstanding prior suppression Jurisdiction – competence of General Court Martial to try charges distinct from those declared null
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6 October 2017 |
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Award set aside where school not party to loans and lacked board authorization, execution stayed.
Arbitration – setting aside arbitral award – illegality and lack of party nexus; Corporate capacity of statutory school bodies – necessity of board resolution to bind school; Execution of awards – limits where award seeks to bind non-party; Guarantor liability – right to pursue guarantors notwithstanding set aside.
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2 October 2017 |
| 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 |
| August 2017 |
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31 August 2017 |
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31 August 2017 |
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A registered taxpayer's failure to file returns attracts penal tax; statutory appeals via the Tax Appeals Tribunal should be pursued first.
Income tax — obligation to file returns — reportable income vs chargeable income; Penal tax (s151) — regulatory/strict liability with limited defences; "Other reasonable cause" under s94(3) ejusdem generis — excludes mere ignorance or mistake of law; Onus under s102 rests on taxpayer to show assessment erroneous; Jurisdiction — concurrent jurisdiction with Tax Appeals Tribunal; High Court has residual jurisdiction but parties should pursue statutory appeals/tribunal first.
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24 August 2017 |
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Ex parte judgment set aside where court order to issue hearing notices was not proven by affidavit of service.
Civil procedure – Service of hearing notices – Order 5 Rule 16 CPR (formerly r.17) – affidavit of service mandatory – service of hearing notices governed like service of summons – ex parte judgment set aside for lack of proof of service; Appellate review – duty to re-evaluate evidence (Pandya).
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23 August 2017 |
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Review is limited to court orders; conduct/report of a court emissary is not reviewable and application is dismissed.
Review procedure – scope limited to court judgments/orders; actions and report of court emissary not reviewable; grounds for review (error on face of record, new matter, sufficient cause) absent; administrative remedy to supervising magistrate appropriate for emissary misconduct.
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23 August 2017 |
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The defendant breached a vehicle sale contract; the plaintiff awarded refund, damages, interest and costs.
Contract law – sale by auction/bidding – breach for non-delivery – duty to verify availability; remedies: refund, general damages, interest and costs; specific performance refused; proof of refund notice delivery required.
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22 August 2017 |
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Application for extension of time dismissed; non-service of hearing notice is procedural and not a merits-based ground for extension.
Civil procedure – extension of time to seek leave to appeal – failure to specify grounds of appeal – non-service of hearing notice is procedural and does not go to merits – affidavit asserting appeal already filed.
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21 August 2017 |
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Bank failed an expedited international transfer; claimant assumed risk, so special damages denied and general damages reduced.
- Banking law – international telegraphic transfers – reasonable time for cross‑border clearing; risk allocation for expedited transfers
- Tort/delict – negligence and breach of duty by bank in failing to complete promised transfer timeframe
- Damages – entitlement to special versus general damages where claimant voluntarily assumes risk
- Appeal – re‑appraisal of evidence on first appeal and allowance for inferences by appellate court
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17 August 2017 |
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17 August 2017 |
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Correcting a defendant’s name by amendment is permissible where the same person is involved and no prejudice results.
Civil procedure – Amendment of plaint – Correction of defendant’s name (misnomer) – Substitution permissible where parties are the same and substantive claim unchanged – Discretion of trial court – No prejudice/miscarriage of justice.
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16 August 2017 |
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Beneficiaries of a representative consent judgment may be added post‑judgment, but applicants failed to show necessity and joinder was refused.
Civil procedure – joinder and addition of parties – representative suits and consent judgments – whether beneficiaries can be added post‑consent judgment; Mootness doctrine; Champerty and enforceability of remuneration/resolution; Rights of beneficiaries vs representative plaintiffs; Advocates’ entitlement to proceeds of judgment.
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15 August 2017 |
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Court issues mandamus compelling government to pay decreed sums to the applicant; damages not granted as not decreed.
Administrative law – Mandamus – When writ of mandamus will issue to compel government to satisfy a decree against it. Civil procedure – Enforcement of judgment against Government – certificates of order against Government and corresponding duty to pay. Remedies – Mandamus not available to enforce rights not decreed or doubtful claims. Urgency and equity – applicant’s medical emergency as factor in granting mandamus.
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15 August 2017 |
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Appeal dismissed: respondent heirs established ownership; procedural lapse in locus visit not prejudicial to appellants.
Land law – ownership and title – evaluation of evidence and credibility; alleged co-ownership/tenancy in common – requirement of proof and occupation; titling discrepancies and use of nicknames – insufficiency without corroboration; locus in quo – procedural requirements and effect of failure to record evidence.
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14 August 2017 |
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Valid subcontracts existed; plaintiffs' poor performance barred general damages but quantum meruit awarded for unpaid work.
Contracts – existence and validity of subcontracting agreements – oral, written and implied contracts. Performance – implied duty to perform in a good and workmanlike manner; delays and inadequate productivity. Frustration – bad weather, machine breakdowns and interruptions do not automatically frustrate construction contracts. Restitution/Quantum meruit – recovery for work accepted or requested to prevent defendant's unjust enrichment. Remedies – special damages proven and awarded; general damages denied due to improper performance; interest and costs awarded.
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10 August 2017 |
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8 August 2017 |
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Appellant failed to prove ownership; court upheld trial magistrate’s findings on forged agreement and witness credibility.
Land law – ownership dispute – burden of proof on balance of probabilities; documentary evidence – credibility of sale agreement and witness who disowns authorship; handwriting expert and incomplete cross‑examination – not decisive where document is disclaimed by its alleged author; locus in quo – visit not mandatory where court can decide on in‑court evidence; credibility and possession evidence determinative in land disputes.
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8 August 2017 |
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Appeal dismissed where respondents’ continuous possession proved and appellants’ purchase claims were inconsistent and unproven.
Land dispute – burden of proof to establish title; credibility and evaluation of conflicting oral evidence; locus in quo – discretionary visit, proper procedure, evidentiary role; appellate re-appraisal of factual findings.
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7 August 2017 |
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Court set aside effect of ex parte hearing and ordered inter‑partes hearing, but awarded costs to the respondent for delay.
Civil procedure – setting aside ex parte proceedings – Court’s discretion under s.98 Civil Procedure Act and s.33 Judicature Act to hear matters on merits where ex parte hearing not concluded; delay and dilatory conduct – costs consequences; land disputes involving public interest (telecommunications mast).
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3 August 2017 |
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Preliminary objections dismissed: tortious claim accrues on acquittal and counsel cannot self‑appoint to represent the Attorney General.
Civil procedure – preliminary objections – limitation in tort – cause of action in wrongful arrest, unlawful detention, false imprisonment and malicious prosecution accrues on release or acquittal; Representation – advocate cannot self‑appoint to represent the Attorney General; Strike‑out/rejection of plaint – merits cannot be determined on preliminary objection where issues go to substance.
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3 August 2017 |
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Appeal allowed: trial court mis-evaluated evidence; appellant declared owner and respondent's damages awards set aside.
Land law – customary land ownership; appellate re-evaluation of evidence where trial court misapplies evaluation; locus in quo considerations; general damages must be pleaded and proved; exemplary damages require specific pleading and facts showing oppressive/arbitrary or profit-driven conduct.
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2 August 2017 |
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A magistrate cannot appoint a deceased plaintiff’s legal representative; letters of administration or probate are required.
Civil procedure – Order 24 r.3(1) CPR – substitution of deceased plaintiff – court may make an existing legal representative party but cannot appoint one; Succession law – requirement of letters of administration or probate before acting as legal representative in pending litigation; Revision – setting aside of orders made without jurisdiction.
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2 August 2017 |
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Appeal allowed: respondent failed to prove slander—evidence was hearsay, inconsistent, and no special damages shown.
Defamation (slander) – elements: reference, defamatory meaning, publication to third party; burden on plaintiff to prove on balance of probabilities; slander requires proof of special damages unless imputing a serious crime, disease or attacking professional ability; hearsay and inconsistent witness evidence insufficient to establish publication; appellate re-evaluation of evidence.
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1 August 2017 |
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Partial non‑production of court‑ordered records was contempt; exemplary damages, fine and costs were awarded.
Contempt of court – failure to comply fully with a mandamus order to produce records – elements: existence of order, knowledge, ability, non-compliance. Records preservation – public institutions’ duty to keep and produce records of disciplinary/Appointments Board proceedings. Remedies for contempt – exemplary damages, fine and costs to vindicate court authority and compensate/prevent prejudice to appeal rights.
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1 August 2017 |
| July 2017 |
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The applicant’s late application to appeal was dismissed due to excessive unexplained delay despite alleged counsel negligence.
Civil procedure — Extension of time to appeal — Whether negligence of former counsel constitutes sufficient cause — Delay of 1.5–2 years found inexcusable. Procedural timelines — Purpose to ensure finality and avoid indefinite litigation. Costs — costs in the cause awarded.
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27 July 2017 |
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Plaintiffs entitled to judgment and damages where contract became effective on exchange and defendant breached by refusing performance.
Contract – sale of land – effectiveness of contract by exchange – operative date for payment obligations. Evidence – credibility findings where parties give inconsistent explanations. Remedies – refund, special and general damages, confirmed judgment on admission and costs. Procedure – no relief where defendant files no counterclaim.
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20 July 2017 |
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Court restrained respondent from alienating property and ordered rents deposited pending suit to prevent irreparable harm.
Interlocutory injunctions — preservation of status quo — prima facie case — irreparable harm — balance of convenience — mandatory interlocutory injunction — deposit of rents — protection against alienation and further encumbrance.
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20 July 2017 |
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Court allowed taxation of an advocate/client bill despite procedural non‑compliance, distinguishing taxation from a suit to recover costs.
Advocates Act – s.57 and s.58 – taxation of advocate/client bill; distinction between suit on bill and taxation; procedural v. jurisdictional requirement. Fee agreements – s.50 – effect of absence of written agreement; Taxing Officer’s authority to scrutinise costs. Requirement of itemised bill for contentious business; proof of service of bill and client protections.
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20 July 2017 |
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A municipal council’s declaration removing an acting town clerk without statutory power or fair hearing was ultra vires and unlawful.
Judicial review — administrative law — ultra vires removal of acting Town Clerk; natural justice — right to be heard; Local Governments Act s.68 and Article 200(4) — disciplinary and removal powers; Public Finance Management Act s.80 — ministerial inquiry prerequisite; remedies — certiorari, prohibition, mandatory injunction.
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20 July 2017 |
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Court granted stay of execution pending appeal, finding arguable appeal issues and declining to order security for due performance.
Civil procedure — Stay of execution — requirements: notice of appeal, likelihood of success, risk of irretrievable/substantial loss, absence of unreasonable delay, security for due performance (discretionary). Appealable issues: Limitation Act s.6, reliance on un-cross-examined witness statements, bona fide purchaser status, trespass and registration of title.
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16 July 2017 |
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Published allegations against a judge were defamatory; plaintiff awarded injunction, damages, costs and interest.
Defamation – publication and causation; defamatory meaning and innuendo; defences of truth and fair comment; remedies – permanent injunction, general and punitive damages, costs, interest.
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14 July 2017 |
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Appellate court discounted a duress-tainted agreement, found debt proven via agent’s document, ordered repayment of remaining principal.
Contract law – validity of written agreement – duress; Agency – agent’s payment and principal’s claim; Burden of proof – balance of probabilities on indebtedness; Interest/penalty clauses – enforceability without moneylender licence; Pleading and proof of general damages.
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14 July 2017 |
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Court set aside its earlier judgment after finding an attached foreign conviction and held the foreign judgment non‑conclusive.
Review — error apparent on face of record — foreign criminal judgment attached to pleadings — manifest error warranting review; Conflict of foreign judgment and domestic law — s.9(f) Civil Procedure Act — foreign judgment sustaining breach of Ugandan law not conclusive; Bills of Exchange Act/penal implications — cheques unconditional; issuing cheque as security unlawful.
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13 July 2017 |