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Citation
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Judgment date
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| 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 |
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Exemption-fee policy not binding where fee requirement was not communicated in students' admission letters; university must set missed exams.
* Education law – University admission contracts – terms in admission letters bind students; uncommunicated policy terms not contractual. * Fees – exemption fees for exempted units – operationalization and retrospective application. * Administrative law – university obligation to assess students under Universities and Other Tertiary Institutions Act; duty to provide special sittings. * Evidence – burden to prove duress to set aside consent judgments or withdrawals.
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13 July 2017 |
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Court awarded reduced sums for overseas medical treatment after accepting treating doctor's recommendation despite absence of hospital report.
• Civil damages – personal injury – assessment of quantum for further medical treatment abroad – admissibility and weight of treating doctor's testimony where hospital report unavailable. • Evidence – credibility and sufficiency of medical testimony recommending overseas treatment. • Remedies – reduction of claimed costs as excessive; award of specific sums for surgery, travel and upkeep. • Costs – successful plaintiff awarded costs of suit.
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13 July 2017 |
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Absence from duty without reasonable excuse justified retirement in public interest; dismissal was disproportionate and set aside.
Judicial discipline – Absenteeism v. abscondment – Procedural fairness in JSC disciplinary proceedings – Proportionality of sanction – Retirement in public interest versus dismissal.
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12 July 2017 |
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Judicial review challenging prosecution was time-barred and improperly brought against the DPP in his personal capacity.
Judicial review — limitation — rule 5(1) Judicature (Judicial Review) Rules 2009; amended charge sheet does not restart time; civil court cannot restrain criminal investigations/prosecutions; DPP not suable in personal capacity — proceedings should name Attorney General.
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10 July 2017 |
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Representative tobacco growers' detinue suit dismissed for failure to plead detinue elements, non-compliance with representative procedure, limitation and res judicata.
Detinue — essential elements: proprietary interest, wrongful detention, demand and adequate description of goods; Representative actions — mandatory advertisement of the list and nature of the suit; Limitation — contractual claims barred after six years; Res judicata and abuse of process — court will not entertain re‑litigated or hypothetical claims.
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10 July 2017 |
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Court granted extension of time for filing appeal, treating counsel’s negligence as sufficient cause and imposing conditional costs.
Civil procedure — Extension of time to file memorandum of appeal — Wrong procedural provision not fatal where court exercises discretion under s.98 — Omission of applicant-sworn affidavit — Mistake/negligence of counsel may constitute sufficient cause — Conditional grant with costs.
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7 July 2017 |
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Judicial review premature where a procuring entity’s recommendation to PPDA is not a final, reviewable decision.
* Administrative law – Judicial review – Prematurity – Recommendation by procuring entity to PPDA is not a reviewable decision until PPDA acts; right to be heard exercised before regulator.
* Procurement law – PPDA Regulations 2014 – Regulation 12(1) and 13 – Decision-making competence and suspension of suppliers.
* Civil procedure – Abuse of court process – initiating judicial review before exhaustion of administrative remedies.
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7 July 2017 |
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Court dismissed jurisdictional and prematurity objections, ordered payment of admitted USD 27,302.16 and costs, leaving other claims for Kenyan proceedings.
Contractual choice of law v. jurisdiction – clause stating governing law (Kenya) does not automatically oust foreign court jurisdiction; Winding-up petitions – considered a form of civil action; Arbitration/contractual dispute resolution clauses – clause 3(d) does not preclude winding-up proceedings; Quantum disputes – disagreement on amount does not necessarily establish insolvency; Conflict of laws – petitioner relying on local insolvency statute where contract invoked foreign law is erroneous; Admission of undisputed debt – court can order immediate payment and costs.
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7 July 2017 |
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Belated documents and technical affidavit errors cannot save a sham defence in summary proceedings.
Civil procedure – Summary suit – Unconditional leave to appear and defend – Applicant must show a plausible, bona fide defence raising real triable issues; sham or vague set‑off claims insufficient; belated documentary evidence on appeal generally not considered; technical irregularity in affidavit not fatal where it does not affect merits.
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6 July 2017 |
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Respondent lawfully sealed the applicant's bonded warehouse and refusal to renew was lawful; applicant failed to exhaust statutory tax remedies.
Customs law – bonded warehouse licensing and sealing (ss.62,157 EACMA); compounding offences and requirement of prior admission (s.219 EACMA); constructive knowledge and corporate responsibility for agent's acts; administrative law – review of non‑renewal of licence, legitimate expectation and scope of discretion; jurisdictional requirement to exhaust statutory review/appeal to Tax Appeals Tribunal.
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6 July 2017 |
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Temporary injunction to stop quarry blasting refused: applicant failed to show prima facie case, irreparable harm, and balance favoured respondent.
Injunctions – temporary injunction – requirements: prima facie case, irreparable injury, balance of convenience; quarrying activities; prior compensation and consent judgment; authorisation by NEMA and local authorities; national project considerations (Kampala–Entebbe Express Way).
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6 July 2017 |
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Applicant’s documented sickness and counsel’s mistake amounted to sufficient cause to set aside dismissal; applicant ordered to pay thrown-away costs.
* Civil Procedure – Order 9 r.23 – setting aside dismissal for non-appearance – sufficiency of cause. * Sickness/disability of litigant as cause for non-appearance. * Mistake or negligence of counsel – when it may constitute sufficient cause. * Costs – discretion under s.27 Civil Procedure Act; award of 'thrown away' or wasted costs instead of taxed costs.
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5 July 2017 |
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Disconnection lawful under Water Act; owner liable for plumbing after meter; unpaid water bill awarded to defendant.
Water Act – s95(2)(a) – lawful disconnection where amounts outstanding over statutory period; Water Act – s73 – landowner’s responsibility to repair works after the meter; burden of proof on claimant to show payments or compliance; counterclaim for unpaid water recoverable.
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5 July 2017 |
| 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 |
| May 2017 |
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Court orders district CAO to produce payment schedule, awards modest general damages, refuses punitive damages.
Public law – Mandamus – statutory duty of local government accounting officers to pay employee salaries and arrears; evidence of claims and administrative processing; damages – general damages for non-payment and requirement of proof for punitive/exemplary damages.
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31 May 2017 |
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Application for judicial review of an Inspectorate report dismissed for wrong party sued and no illegality, irrationality or procedural impropriety established.
Administrative law – judicial review – focus on decision-making process not merits; requirements: illegality, irrationality, procedural impropriety; proper respondent for government proceedings; Inspectorate of Government’s jurisdiction and report review; exhaustion of internal remedies.
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31 May 2017 |
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Execution stayed pending appeal, conditioned on deposit of full judgment sum and expedited prosecution of the appeal.
Stay of execution pending appeal — conditions for grant: arguable appeal, risk appeal rendered nugatory, provision of security; court should preserve status quo but avoid prejudging merits; diligence in prosecuting appeal; security to prevent delay tactics.
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30 May 2017 |
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Application for judicial review was time‑barred and inappropriate for challenging a private contractual tender award.
Judicial review – limitation period – Rule 5(1) Judicial Review Rules 2009; Extension of time – discretion requires good reason; Judicial review not appropriate for private contractual/procurement disputes; Certiorari available only to review public administrative decision‑making; Need to plead and produce records of the administrative decision/process being challenged.
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23 May 2017 |
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Appeal dismissed: land claim time‑barred under Limitation Act; attempted substitution of deceased appellant invalid without probate.
Civil procedure – substitution of deceased party – requirement for letters of probate/administration; Limitation Act – s.5 and s.6 – accrual of right on dispossession/discontinuance and strict application of 12‑year limitation; Pleading and proof – alleged disability (insurgency) must be pleaded and proved to suspend limitation; Appellate review – no miscarriage of justice where limitation is dispositive and evidence would not cure legal bar.
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11 May 2017 |
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Whether the company was the tenant and whether distress for rent was lawful; court found unlawful distress and awarded damages.
* Company law – separate legal personality – corporate tenant distinguished from director; dealings with managing director may still bind/relate to company. * Landlord and tenant law – distress for rent – statutory/common-law requirements (warrant specificity, inventory, marking, custody, and lawful procedure). * Tort/delict – unlawful interference, conversion and detention of chattels – damages (special and general) and interest. * Procedural – counterclaim dismissed where wrong party identified and claim not proved.
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10 May 2017 |
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Instructions to a law firm, not an individual advocate, determine locus to file and tax a bill of costs.
Advocates' instructions – instructions given to law firm, not individual partner; change of advocates – necessity and effect of notice of change; taxation of costs – Registrar cannot tax bill filed by firm without locus; partnership law – partners cannot unilaterally appropriate firm instructions.
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6 May 2017 |
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Failure to serve summons within prescribed time is a jurisdictional defect rendering the plaint incompetent and struck out.
* Civil procedure – mandatory service of summons to file defence – Order 5 r.1(2) CPR – 21-day rule; * Extension of time – must be applied for within 15 days after expiry, by summons in chambers supported by affidavit; * Jurisdiction – non-service is a fundamental defect not cured by Article 126(2)(e); * Waiver – requires appearance/filing of defence; * Evidence – affidavit of service and pursuit of default judgment important.
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5 May 2017 |
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The publication falsely depicted the Plaintiff as financially irresponsible and tarnished his reputation, leading to damages and injunction.
Defamation – Libel – False publication – Reputational damage – Damages and injunction issued against Defendants
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4 May 2017 |
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HR|Dignity and honour and reputation
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4 May 2017 |
| April 2017 |
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Leave granted to bring a representative suit; mandatory personal-service notice and specified content required.
Civil procedure – Representative suits – Order 1 rule 8(1) – Mandatory court-directed notice – Personal service where practicable – Required contents of notice.
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27 April 2017 |
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Enlargement of time granted where counsel’s omission caused delay and applicant instructed timely; appeal to be prosecuted under conditions.
Civil procedure – extension of time to appeal – sufficient reason/good cause – neglect by counsel – client not to be penalised for counsel’s omission where applicant instructed in time – balancing access to justice and finality of litigation – land dispute.
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27 April 2017 |
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27 April 2017 |
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25 April 2017 |
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Service on an unspecified 'administrator' is not service on a principal officer; an ensuing ex-parte judgment is irregular and set aside.
* Civil procedure – Service on corporations – Order 29 r.2(a) – Service must be on secretary, director or proven principal officer who performs substantial executive/managerial functions. * Default judgments – Irregular default judgment obtained without proper service – set aside ex debito justitiae. * Setting aside ex-parte decree – requirement to disclose functional status of person served.
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24 April 2017 |