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Citation
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Judgment date
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| May 2018 |
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Applicant’s cheque-based claim dismissed; respondent awarded damages for fraud, breach of trust and illegal execution.
Civil procedure – alleged debt by cheques – credibility of parties; breach of trust – theft of cheque leaves; execution and sale – fraud and illegality; remedies – damages, restoration/value and criminal investigation.
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31 May 2018 |
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Plaintiff’s cheque claims dismissed; court found theft and fraudulent attachment, awarded damages to defendant and ordered police investigation.
Civil procedure – misuse of court process – fraudulent attachment and sale – court empowered to restore property or award compensation where sale is riddled with fraud and illegality. Evidence – assessment of credibility – unsworn/uncorroborated plaintiff evidence versus consistent corroborated defence witnesses. Trust and fiduciary breach – theft or misuse of company cheque leafs by a person with access during another’s incapacity. Remedies – damages, costs and criminal investigation where civil acts are linked to alleged fraud.
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31 May 2018 |
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31 May 2018 |
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Interlocutory mandatory injunction to seize disputed gaming machines denied where ownership and licensing were contested and balance of convenience favoured respondent.
Civil procedure — Interlocutory mandatory injunction — High threshold of proof; balance of convenience; preservation of assets; adequacy of damages — Licensing under Lotteries and Gaming Act relevant to ownership/possession dispute.
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29 May 2018 |
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High Court lacks original jurisdiction to hear judicial review of electoral complaints under Articles 61, 64 and s.15 ECA.
Constitutional and electoral law – jurisdiction of High Court – Article 61(1)(f) and Article 64(1)–(4) – complaints and appeals against Electoral Commission decisions. Administrative law – judicial review vs statutory appeal – propriety of remedy where statute prescribes appeal procedure (s.15 Electoral Commission Act). Civil procedure – preliminary objection – incompetence for failure to follow prescribed constitutional/statutory process.
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28 May 2018 |
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Plaintiffs awarded repayment, loss-of-income compensation and general damages for breach/fraud arising from an oral vehicle supply agreement.
Contract — oral agreement to purchase buses — breach where plaintiffs paid but were deprived of value due to defendants' actions; Remedies — repayment of sums paid, compensation for loss of income, general damages, interest and costs; Fraud — false representation/omission found sufficient to justify restitution and damages.
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28 May 2018 |
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28 May 2018 |
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An appeal cannot be premised on inherent jurisdiction; appellate rights must have statutory basis.
Civil procedure – Appeals – Appellate jurisdiction is statutory; no inherent appellate jurisdiction – Reliance on Section 98 Civil Procedure Act does not create a right of appeal – Appeal incompetent and dismissed with costs.
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25 May 2018 |
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A Magistrate Grade One lacked pecuniary jurisdiction because the land dispute exceeded its monetary limit.
Civil procedure – Revision under s.83 CPA – Jurisdictional limits of Magistrate Grade One (s.207 MCA) – Distinction between trespass and recovery of land – Requirement to state value of subject matter in plaint for pecuniary jurisdiction – Territorial jurisdiction of magistrates' courts.
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25 May 2018 |
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25 May 2018 |
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Alleged phone hacking raised a triable privacy issue but insufficient evidence and public interest defeated interim injunctions.
Interlocutory injunctions — requirements (serious issue to be tried; irreparable harm; balance of convenience); Privacy — alleged unauthorised access to mobile communications; Hearsay inadmissible — media reports not proof of ongoing conduct; Regulatory relief — licence renewal not shown to be nexus to private privacy complaint; Public interest and prejudice to third parties in balance of convenience.
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25 May 2018 |
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Whether only employees employed on 15 May 1995 are entitled to reserved shares’ proceeds and related interest.
Contract interpretation – written share subscription and shareholders agreement – parol evidence rule (Evidence Act ss.91–92) and effect of extrinsic variation by unilateral management decision. Third-party beneficiary/privity – entitlement of intended beneficiaries to enforce contractual benefits. Entitlement to proceeds from sale of reserved employee shares – employees employed at date of agreement (15 May 1995) only. Dividends/payments – treatment of amounts paid into Provident Fund vs proceeds payable to beneficiaries. Remedies – award of principal sum with interest (8% p.a.), refusal of exemplary damages and additional currency-depreciation interest.
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22 May 2018 |
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Court denies injunction request due to lack of ongoing rights violation and favors respondents on balance of convenience.
Civil Procedure - Temporary injunction - Privacy and telecommunication - Risk of irreparable harm - License renewal of telecommunication company
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21 May 2018 |
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Appellate court upheld dismissal under O.17 r.4 for failure to prosecute; alleged illness unproven and appeal dismissed.
Civil Procedure — Order 17 Rule 4 — dismissal for failure to produce evidence; judicial discretion to decide suit immediately when a party fails to adduce evidence. Leave to appeal — O.44/Civil Procedure — where leave previously granted, separate leave not required in same court. Sufficient cause — alleged illness or counsel negligence will not excuse non-prosecution where illness is unproved and litigant remains passive. Appellate review — first appellate court may re-appreciate evidence and assess exercise of trial discretion.
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11 May 2018 |
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High Court refuses revision: magistrate acted within jurisdiction; ex parte judgment lawful; applicant failed to prove wrong party.
Civil Procedure – Revision under section 83 CPA – scope limited to jurisdiction, illegality or material irregularity; ex parte proceedings lawful where party or counsel absent without valid reason; lis pendens under section 6 CPA; severance of false portions of affidavits; late submissions expunged.
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10 May 2018 |
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3 May 2018 |
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3 May 2018 |
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2 May 2018 |
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Applicant’s special certificate of title procured by implied fraud; title cancelled, counterclaimant awarded damages and costs.
Land law – Registration of Titles Act (ss.70–72) – special certificate of title – issuance only where original/duplicate is lost or destroyed – alleged fraudulent procurement of special certificate; Evidence – burden and standard to prove fraud – fraud may be inferred from illegality and unexplained documentary inconsistencies; Succession – estate rights and letters of administration as defense to post-death transfers; Remedies – cancellation of tainted title, declaratory relief, damages, costs and interest.
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2 May 2018 |
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A student may inspect his exam scripts to verify results; court ordered disclosure under its inherent powers.
Examination law – Access to examination scripts – Candidate’s right to inspect handwritten scripts to verify results; Constitutional right to education (Art.30); Civil Procedure Act s.98 – inherent powers to order disclosure; Administrative fairness in examination processes.
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2 May 2018 |
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Plaintiff’s registered title was held obtained by fraud; special certificate cancelled, suit dismissed, counterclaim succeeds with costs and damages.
Land law – Registered title – Indefeasibility subject to fraud – Special certificate issuance under Sections 70–72 Registration of Titles Act – Succession/estate rights and administration – Burden and standard of proof in fraud allegations.
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2 May 2018 |