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Citation
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Judgment date
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| April 2019 |
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Magistrate’s trespass judgment set aside due to an admitted authorising letter and jurisdictional and damages errors.
Evidence – Admissibility and weight of documentary evidence; estoppel by representation (Evidence Act s.114) – authorisation letter stopping author from denying its existence; Tort – trespass – improper application of strict liability where defendant acted on claimant's instruction; Civil procedure – magistrate’s pecuniary jurisdiction exceeded; Assessment of damages and interest; Remedy – setting aside judgment and permitting fresh suit in competent court.
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4 April 2019 |
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Court adjudged person of unsound mind, ordered treatment and directed medical officer to report to court under Mental Treatment Act.
Mental Treatment Act s.2(1) – Adjudication of unsound mind; evidence of ongoing psychiatric care and severe depression; judicial direction for medical report to court; applicant’s standing to seek estate management noted.
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4 April 2019 |
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A plaint may disclose a fatal-accident cause of action without expressly citing the Law Reform (Miscellaneous Provisions) Act.
Civil procedure – Order 7 Rule 11(a) – plaint must disclose cause of action; statutory citation not always required if facts disclose statutory claim; Law Reform (Miscellaneous Provisions) Act – fatal accident claims; effect of consent judgment/payment by some defendants on claims against a third party; pleading requirements for fatal accident claims (deceased’s income).
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4 April 2019 |
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Unlawful and malicious arrests, and malicious prosecution by police rendered the State vicariously liable for property loss; damages awarded.
• Constitutional and criminal procedure – arrest without warrant – requirement of reasonable and probable cause and presentation to court within 48 hours.
• Tort – malicious arrest and detention – absence of complaint or warrant and lack of probable cause.
• Tort – malicious prosecution – initiation and continuation of criminal proceedings without reasonable and probable cause, terminated in favour of accused (nolle prosequi).
• Vicarious liability – State/Attorney General liable for police acts leading to loss of property resulting from unlawful detention.
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3 April 2019 |
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Irregular vesting order declared null and void; main boundary-opening application ordered to proceed on merits.
Vesting orders – Registrar’s jurisdiction under the Registration of Titles Act – Orders made without jurisdiction are nullities – Court power to set aside illegal/null orders when illegality is brought to its attention – Section 33 Judicature Act – Boundary opening and survey applications.
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3 April 2019 |
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Bank held vicariously liable for its auctioneer’s wrongful sale; compensation, general damages, interest and costs awarded.
Agency and vicarious liability – whether an auctioneer/bailiff retained to recover bank debts was an agent or independent contractor – control, contractual terms, integration and apparent authority tests. Banking practice – debt recovery procedures, requirement to inform agent of payments and consequences of improper sale. Damages – assessment of compensation for wrongful sale of property and award of general damages; appellate review of factual findings. Pleading and proof – adequacy of negligence pleadings and effect of admissions/ex parte default by third party.
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2 April 2019 |
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Failure by a public officer to administer a statutory oath unlawfully deprived an elected councillor of office; mandamus and damages awarded.
Judicial review — limitation: accrual on last operative act; Administrative law — ministerial duty to administer oath under Local Government Councils Regulations; Procedural fairness — requirement to give reasons and avoid discriminatory treatment; Remedies — mandamus appropriate for compelling ministerial acts; Misfeasance in public office — damages for deliberate unlawful omission.
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1 April 2019 |
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Temporary injunction after final judgment unavailable; stay denied for failure to show imminent execution, security, or grounds of appeal.
Civil procedure – temporary injunction – not available after final judgment; Stay of execution pending appeal – prerequisites include notice of appeal, imminent threat of execution, security, likelihood of success and absence of unreasonable delay; failure to prove these requirements warrants dismissal.
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1 April 2019 |
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Appellant who financed purchase and construction holds equitable interest by resulting trust; respondent’s later allocation and occupation were wrongful.
Land law – municipal allocation of plots – timing of allocations; Resulting trust – where purchaser provides funds but title taken in another’s name; Evidence – corroboration and weight (building contract date); Trespass to land – remedies including declaration, accounting for rents, vacant possession, injunction and damages; Appellate review – re-weighing conflicting evidence.
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1 April 2019 |
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Appellant failed to prove ownership; locus in quo and extrinsic evidence showed the disputed strip was not purchased.
Land law – Sale of unregistered land; missing parcels clause – admissibility of extrinsic evidence, locus in quo inspection and parties’ subsequent conduct to determine boundaries; Evidence Act – parol evidence rule (ss.58, 92, 93) and exceptions; Contract interpretation – implying terms (business efficacy, officious bystander), corrective interpretation/rectification; contra proferentem as last resort; burden of proof on claimant of ownership.
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1 April 2019 |
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Appellate court upheld respondent's customary land claim despite locus in quo irregularity, dismissing the appellant's general ground of appeal.
Customary land – ownership dispute – evaluation of oral evidence and corroboration by physical features (trees, graves, homestead). Locus in quo inspection – scope and limits; inadmissible testimony from non-testifying persons. Appellate review – duty to re-evaluate evidence; disregard of improperly admitted evidence under Evidence Act s.166. Civil procedure – strike out of vague/general ground of appeal under Order 43.
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1 April 2019 |
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A registered co-tenant is entitled to partition in kind of his share absent proof of fraud or exceptional reasons blocking subdivision.
Property — Article 26 (right to property) — Certificate of title conclusive until fraud proved — Tenancy in common versus joint tenancy — Severance and partition rights — Right of a co-tenant to seek partition in kind absent exceptional reasons — Filing of a suit challenging title does not suspend registered rights without interim relief.
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1 April 2019 |
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Applicants built into a planned road reserve; demolition upheld and no compensation awarded.
Physical planning — Road reserves and setbacks — Planning scheme availability and constructive notice — Unauthorized erection within road reserve — Enforcement notices under Physical Planning Act and demolition powers under Public Health Act — No compensation for demolition of unauthorized structures.
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1 April 2019 |
| March 2019 |
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Commission’s findings affecting the applicant quashed for breach of procedural fairness and reasonable apprehension of bias.
Administrative law – judicial review of a commission of inquiry – bias and reasonable apprehension of bias; procedural fairness and duty to act fairly; adequacy of summons/notice to persons under inquiry; limits of judicial intervention — irrationality (Wednesbury) vs procedural impropriety; remedies – declaratory relief and costs.
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29 March 2019 |
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Apprehension of bias and lack of adequate notice render commission findings against the applicant null and void.
Judicial review of commissions of inquiry; reasonable apprehension of bias; duty to act fairly/natural justice in inquisitorial inquiries; adequacy of witness summons and notice; limits of Wednesbury irrationality; discretionary remedies (declaratory order and costs).
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29 March 2019 |
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28 March 2019 |
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Court issued mandamus compelling Treasury to pay an overdue government judgment debt after formal demand and prolonged delay.
Administrative law – Mandamus – Judicial review available where no effective alternative remedy; Government judgment debts – duty of Treasury/Permanent Secretary to pay decretal sums; Demand requisites – formal demand to appropriate office; Default/non-response – ex parte proceedings justified.
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25 March 2019 |
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Court orders payment through current claimant attorneys, rejects MECCABEA’s claims, and requires verification to prevent champerty.
Decretal payments – entitlement and collecting agent; validity of powers of attorney; post‑judgment associations and champerty; verification of lawful beneficiaries; prohibition of maintenance and champerty agreements.
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21 March 2019 |
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Court granted a temporary injunction to preserve the status quo over disputed land pending the main suit.
Interlocutory relief – Temporary injunction – requirement of prima facie case and irreparable harm; where undecided, balance of convenience to preserve status quo – land disputes; proprietary rights vs alleged partnership investment.
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20 March 2019 |
civil procedure—constitutional law—human rights—preventive arrest—freedom from torture, cruel, inhuman or degrading treatment—freedom of movement and association—public order—police powers—justification for arrest—compensation—liability of government agencies—costs
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15 March 2019 |
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Whether a district land board is a necessary party where its allocation underlies a disputed title over leased land.
Land law – joinder of parties – addition of statutory land board as necessary party under Order 1 r.10(2); Procedural law – ex parte proceedings and treatment of late affidavits; Civil procedure – requirement to observe statutory notices before suing a statutory body; Title disputes – allocation by district land board versus subsisting leaseholder rights.
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14 March 2019 |
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Applicant’s claim to ancestral land dismissed: respondents lawfully occupy inherited portion and claim barred by limitation.
Land dispute – customary succession and division of kibanja; proof on balance of probabilities; continuous occupation and burial as indicia of title; Limitation Act (12 years) – time bar to recovery; evidentiary weight of locus inspection and long possession.
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13 March 2019 |
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Long‑standing caveats left unaddressed by the Registrar were vacated to enable the Administrator General to wind up the estate.
Caveats — Registration of Titles Act (ss.139–141) — Registrar’s duty to notify and act timely — Administrator General’s duty to realize estate property — long‑standing caveats — judicial removal where registrar neglects statutory duty.
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13 March 2019 |
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Appellants who inherited long possession were bona fide occupants; eviction and unsupported damages were set aside.
Land law – bona fide occupants – s.29(2) & s.29(5) Land Act; inheritance/transfer of occupancy; evaluation of evidence on possession; registered proprietor vs bona fide occupant; improper award of general damages without proof; locus in quo evidence not fatal where record suffices.
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11 March 2019 |
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Regulator and bank lawfully froze corporate accounts due to majority shareholder's nexus with alleged Ponzi scheme; application dismissed.
Financial Institutions Act s.118 – central bank power to direct freezing of accounts where funds are suspected proceeds of crime. Anti‑Money Laundering Act – accountable persons’ duty to detect, investigate and report suspicious transactions and to undertake enhanced due diligence. Corporate veil – relationship between majority shareholder/director and company may justify lifting veil where used to cloak wrongdoing. Judicial review – regulator and bank freezing of accounts under statutory mandate not unlawful if exercise is rational and pursuant to AML/FIA duties.
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7 March 2019 |
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A judicial review challenging asset freezing under anti-money laundering law failed; court instead ordered restitution to verified fraud victims.
Judicial Review – Illegality, Irrationality, and Procedural Impropriety – Anti-Money Laundering Act – Asset Freezing – Right to be Heard – Discretion of Financial Intelligence Authority – Compensation for Victims of a Pyramid Scheme – Statutory Interpretation – Equitable Remedies.
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7 March 2019 |
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Applicant failed to show sufficient cause to reinstate dismissed application; supporting affidavit incurably defective; POA held valid.
Civil procedure — Order 9 r.23 — setting aside dismissal for non‑appearance — sufficient cause; Consent judgments — binding absent fraud or collusion; Stamps Act — Powers of Attorney must be stamped to be admissible; Oaths Act — affidavits must show Commissioner for Oaths’ particulars and stamp; Procedural compliance — incurable defects and consequences.
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7 March 2019 |
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6 March 2019 |
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5 March 2019 |
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Whether the Minister exceeded powers by imposing trade licence fees on banks and standalone ATMs.
Administrative law – judicial review of delegated legislation – statutory instrument made by Minister subject to review. Constitutional/statutory interpretation – scope of Trade (Licensing) Act vs Financial Institutions Act; generalia specialibus rule. Ultra vires – Minister exceeded authority by listing banks under trade licensing; ATMs outside bank premises may be licensed under Trade (Licensing) Act. Taxation/licensing – double charging and overlap between sector-specific and general licensing regimes.
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4 March 2019 |
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Court held Executive Director lacked authority to appoint arbitrator; appointment quashed and council ordered to appoint.
Arbitration Act – ouster clause (s.9) does not preclude judicial review of ultra vires or unconstitutional acts; Administrative law – delegatus non potest delegare; Executive Director cannot exercise appointing authority absent lawful delegation; Judicial review – certiorari and mandamus available to quash unlawful appointment and compel proper appointing authority to act; Joinder – appointed arbitrator is necessary party when his status is directly affected.
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1 March 2019 |
| February 2019 |
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Applicant failed to prove statutory requirements for a section 167 vesting order; Registrar must be summoned under section 182.
Registration of Titles Act – section 167 – vesting order – requirements: registered proprietorship, payment, possession and vendor’s acquiescence, vendor dead or absent.* Registrar of Titles – section 182 – must be summoned/given hearing before compelling statutory duty to register is ordered.* Civil procedure – exercise of judicial discretion under section 33 Judicature Act and section 98 CPA must be judicious and not override statutory prerequisites or natural justice.* Evidence – necessity of certificate of title, probate/death evidence, and registry records to support registration applications.
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28 February 2019 |
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Court found premature curtailment of committee chairs unlawful but refused prerogative relief as impractical.
Administrative law – Judicial review – Ripeness and reviewable decision; minutes versus overt official acts as evidence – Ultra vires/illegality in premature dissolution of local government standing committees – Procedural impropriety: mandatory versus directory rules – Wednesbury/unreasonableness – Discretion in granting remedies and refusal of prerogative orders and damages.
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28 February 2019 |
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An unreasoned taxation ruling is a nullity; the bills of costs must be retaxed with reasons.
Taxation of costs – Duty of Taxing Officer to record reasons – Unreasoned taxation ruling is a nullity – Appellate interference where error in principle or manifest excess – Ex parte taxation considerations.
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28 February 2019 |
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Whether the respondents held the land by gift inter vivos or only by temporary grazing licence, determining trespass.
Land law – customary ownership – whether occupation arose from a gift inter vivos or a mere grazing licence – effect on trespass claim. Possessory rights – physical corroboration at locus in quo (graves, homestead remains, tree planting) as evidence of long-term occupation. Appellate review – duties of first appellate court in re-evaluating credibility and weighing oral and physical evidence.
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28 February 2019 |
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Letters to public authorities were defamatory; qualified privilege and immunity forfeited by actual malice, so damages and injunction awarded.
Defamation (libel) — letters to public authorities — publication to addressees vs. press — qualified privilege and statutory qualified immunity for local government officers — privilege defeated by actual/express malice — damages, interest, permanent injunction and costs.
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28 February 2019 |
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Purchase without proved vendor title and consent-based occupation defeat adverse possession; appeal dismissed with costs.
Customary land – unregistered title – root of title and chain of ownership; bona fide purchaser and constructive notice; adverse possession and prescription; proprietary estoppel; irregular locus in quo evidence; limitation.
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28 February 2019 |
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First appellate court found customary ownership established, declared estate ownership, ordered vacant possession and injunction.
Land law – customary tenure – ownership and inheritance under civil customary law; jurisdiction of Magistrate Grade One – unlimited jurisdiction where dispute governed exclusively by customary law; locus standi – beneficiary may sue for estate property without letters of administration; evaluation of evidence – physical evidence at locus in quo may corroborate oral testimony; trespass – unauthorised re-occupation held to be trespass.
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28 February 2019 |
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Applicants’ prior possession and bona fide purchase entitled them to release of the truck from attachment.
Civil Procedure – Execution – Attachment and sale of chattel – Objector proceedings under Order 22 – Focus on possession not title; elements required: interest and possession at time of attachment; bona fide purchase and arm’s-length transaction; suspicious transfers and factors indicating fraud; title disputes reserved for separate suit.
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28 February 2019 |
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Application to quash DPP’s consent to prosecute dismissed for failure to establish illegality, irrationality or procedural impropriety.
Judicial review – Prosecutorial discretion of DPP – Reviewable on grounds of illegality, irrationality (Wednesbury) and procedural impropriety; Civil courts cautious to restrain or quash criminal prosecutions; Applicant failed to prove lack of evidence or irrationality to justify certiorari/prohibition.
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27 February 2019 |
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Statutory noise-regulation remedies lie in the Magistrate's Court; High Court original jurisdiction is ousted for those claims.
Noise pollution — National Environment (Noise and Vibrations Standards and Control) Regulations 2013 — Regulation 43(7) — Magistrate's Court as court of first instance — statutory remedial scheme ousts common law nuisance in High Court. Constitutional right to clean environment — statutory remedy precedence. Tobacco Control Act — statutory enforcement. Rylands v Fletcher — preserved common-law cause may be tried in High Court if pleaded.
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26 February 2019 |
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Court pierced the corporate veil to hold individual co-signatories liable for unauthorized withdrawals, reserving bank liability for later.
• Company law – lifting the corporate veil – personal liability of shareholders for misappropriation of company funds
• Banking law – bank’s liability for honoring cheques paid out despite a co-signatory’s objection
• Evidence – account records and company resolution establishing joint signatories and unauthorized withdrawals
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25 February 2019 |
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High Court found university in contempt for delaying Tribunal‑ordered consideration and ordered Appointments Board to decide promotion within 30 days.
Administrative law – Judicial review – Enforcement of decisions of statutory Staff Appeals Tribunal – Contempt for failure to implement Tribunal orders – Mandamus to compel Appointments Board to consider promotion within fixed time frame – Duty to act within reasonable timelines and without vindictiveness.
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25 February 2019 |
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Defendant breached publishing contract and infringed copyright; plaintiff awarded unpaid royalties, damages, interest and costs.
Contract law – admissibility of unstamped agreement; stamp duty does not necessarily bar enforcement. Contract variation – written contracts cannot be orally varied. Breach of contract – failure to remit royalties for supplied copies. Copyright – unauthorized reprints and distribution constitute infringement. Remedies – special and general damages, interest and costs.
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25 February 2019 |
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Minister exceeded powers by imposing trade licence fees on banks, while off‑site ATMs may lawfully be licensed.
Delegated legislation – statutory instrument – judicial review of ministerial instrument; Administrative law – ultra vires – limits of ministerial powers; Statutory interpretation – Financial Institutions Act v Trade (Licensing) Act – generalia specialibus rule; Licensing – banks exempt as specific regime; ATMs off-site licensable under Trade (Licensing) Act.
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25 February 2019 |
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Interdiction pending investigation within same district is lawful; pre-interdiction hearing not required, application premature.
Administrative law – Judicial review – Interdiction/suspension – Preventive interdiction justified where reasonable apprehension of interference or repetition of misconduct exists; discretion of employer. Procedural fairness – No absolute right to a pre-interdiction hearing; hearing required during investigation/disciplinary process. Civil procedure – Formal defects in affidavits (undated) are curable and not fatal absent prejudice. Prematurity – Judicial review of interdiction while investigations ongoing is premature.
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25 February 2019 |
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Judicial review dismissed as premature for failure to exhaust the university's internal academic appeal procedures.
Administrative law — Judicial review — Requirement to exhaust internal remedies; University disciplinary and academic appeals — Senate jurisdiction; Prematurity — court declines to entertain appeal before internal remedies exhausted; Student grievance procedures under institutional rules.
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25 February 2019 |
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25 February 2019 |
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21 February 2019 |
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21 February 2019 |