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Citation
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Judgment date
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| June 2018 |
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Court orders the release of disputed goods to the applicant subject to indemnity for third-party claims.
Customs law – release of goods – fraudulent consignee claim – indemnity against third-party claims.
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29 June 2018 |
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Belated, speculative transfer to seek higher damages dismissed as abuse of process causing prejudice to respondent.
Civil procedure — Withdrawal and transfer of suit — Sections 18 CPA and 218 MCA — discretion of High Court — dominus litis balanced against abuse of process — balance of convenience — belated and speculative claim for increased damages — prejudice to respondent — dismissal with costs.
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25 June 2018 |
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Applicant failed to meet statutory grounds to review a four-year-old consent judgment awarding transport allowances; application dismissed with costs.
Civil procedure – Review of judgment – Section 82 Civil Procedure Act and Order 46 r.1 CPR – grounds: new evidence, error apparent on face of record, other sufficient cause. Consent judgments – finality and review – delay/laches undermining review applications. Alleged illegality of consent order – applicant must meet statutory review threshold to obtain relief.
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22 June 2018 |
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Applicant failed to establish grounds to review a four-year-old consent judgment awarding transport allowance; application dismissed with costs.
Civil procedure — Review of judgment — section 82 Civil Procedure Act and Order 46 rule 1 CPR — grounds: new evidence, error apparent on face of record, other sufficient cause — Consent judgments — delay/laches in seeking review — legality of awards of allowances under statutory scheme.
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22 June 2018 |
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22 June 2018 |
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21 June 2018 |
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Court set aside an ex parte summary judgment, applying Shah v Mbogo and ordering the matter to be heard on its merits.
Civil procedure – summary judgment and setting aside ex parte judgments – discretion to set aside where injustice caused by accident, inadvertence or excusable mistake – Shah v Mbogo applied. Civil procedure – want of prosecution – non-appearance and invocation of court’s power to strike out. Procedure – unauthorised supplementary filings – expunged from record.
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21 June 2018 |
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20 June 2018 |
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Judicial review dismissed where examination board gave notice and fair hearing before withholding results; each party to bear own costs.
Administrative law – Judicial review – Withholding/cancellation of examination results – Fair hearing and notice – Investigation of examination malpractices – Appropriateness of judicial review to interfere with statutory mandate.
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20 June 2018 |
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20 June 2018 |
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17 June 2018 |
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Court partially revised a taxed bill, reducing instruction fees, correcting VAT and arithmetic, allowing Shs 4,557,000.
Advocates Act s.62 – review of taxation of costs – limited judicial interference with taxing officer’s discretion except in exceptional cases Taxation – instruction fees – reasonableness for an application for leave to appeal Taxation – copy costs – application of Sixth Schedule regulations to folios and copies VAT on legal costs – requirement for certificate and correct basis for computation (only on taxable fees) Taxation – arithmetic/clerical errors in bill of costs necessitating re-taxation
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11 June 2018 |
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Whether a judge should disturb a taxing officer’s costs assessment, including instruction fees and VAT computation.
Taxation of costs; judicial restraint in interfering with taxing officer; exception where wrong principle, manifest excess or arithmetic error; instruction fees; VAT limited to instruction fees; Sixth Schedule compliance.
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11 June 2018 |
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Court quashes public notice granting exclusive waste collection rights, mandates authorization of private collectors.
Judicial Review – Legality of public notices – Exclusive rights in waste management – Compliance with statutory provisions – Mandamus and certiorari reliefs.
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10 June 2018 |
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Compulsory retirement under non‑statutory Guidelines violated public servants' constitutional protections, meriting damages and terminal benefits.
Public service law – compulsory retirement – administrative Guidelines do not have force of law to remove public servants before statutory retirement age – Article 173 protection of tenure – Pensions Act entitlements – District Service Commission as organ of Local Government – remedies: terminal benefits, general and exemplary damages.
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6 June 2018 |
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The court granted leave to appeal after determining that applicants were denied a chance to contest an ex parte decision.
Civil Procedure – appeal – leave to appeal – grounds deserving judicial consideration – ex parte decisions – insufficient service of notice.
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1 June 2018 |
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Leave to appeal granted where consent judgment was set aside ex parte without service and counsel improperly acted as witness.
Civil procedure – Leave to appeal – Order 44(2) CPR – grant where prima facie grounds/real prospect of success. Consent judgments – nature as contract – setting aside and requirement for fair hearing/service. Ex parte proceedings – effect of lack of service on fairness and right to be heard. Professional conduct – advocate as witness and advocate – Advocates (Professional Conduct) Regulations (conflict/prohibition). Equity – approbation and reprobation, attaining ends of justice.
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1 June 2018 |