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Citation
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Judgment date
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| May 2021 |
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Application to reinstate dismissed suit failed because suit had abated for failure to take out Summons for Directions; supporting affidavit invalid.
Civil procedure — Abatement for failure to take out Summons for Directions (Order XIA Rules 2,6) — Misapplication of Order 17 Rule 4 — Reinstatement not available where suit abated — Validity of affidavits commissioned by advocates without valid practising certificates — Stamp duty on affidavits accompanying Notices of Motion.
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31 May 2021 |
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High Court dismissed revision: no proof of withdrawal or denial of rejoinder/representation; supplementary affidavit permitted.
Civil procedure – revision under section 83 CPA; admissibility of supplementary affidavits by non‑parties; requirements for filing supplementary affidavits; withdrawal of proceedings — proof and service; right to file rejoinder and to legal representation; when revision is inappropriate (merely appellate in nature).
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28 May 2021 |
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Review dismissed: alleged new evidence irrelevant to authority and no error apparent; costs awarded to respondent.
Civil procedure – review of judgment – s.82 CPA and Order 46 r.1 – requirements for review (new evidence; error on face of record). Evidence – fresh evidence – Ladd v Marshall test: diligence, probable influence, credibility. Agency/authority – dispute whether employee/manager had mandate to donate company equipment. Procedural fairness – representation and participation at trial examined; no apparent error on record.
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27 May 2021 |
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The applicant proved ownership; the respondent trespassed and must pay restitution, damages, costs and be evicted.
Land law – proof of ownership – sale agreement and corroborating administrative documents sufficient on balance of probabilities. Tort — trespass — establishment of borrow pit and excavation of murram without consent. Unjust enrichment and restitution — expert valuation adopted to quantify extracted minerals. Remedies — declaration of ownership, eviction, permanent injunction, restitution, general damages, costs and interest. Civil procedure — invalidity of unsigned/unsealed pleading under O.9 r.1(i) CPR and consequences.
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26 May 2021 |
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Whether plaintiff proved ownership and deserved compensation and injunction for defendant's unlawful excavation and unjust enrichment.
Land law – ownership proven by sale agreement and administrative records; Trespass – unlawful establishment of borrow pit and excavation of murram for road construction; Unjust enrichment and restitution – valuation of excavated materials awarded; Damages – general damages awarded, mesne profits denied for lack of proof; Civil procedure – written statement of defence struck out for being unsigned and unsealed (O.9 r.1(i) CPR).
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26 May 2021 |
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Court upheld tribunal interest award and found judgment valid despite one member not signing.
Administrative/tribunal procedure – quorum and signatures – majority verdict under rule 26(1) – death of a member does not vitiate a valid majority decision. Civil procedure – interest on money judgments – distinction between inflationary adjustment (restoring real value) and interest (compensation for deprivation of use) – court discretion under section 26(2) Civil Procedure Act. Evidence/estoppel – section 114 Evidence Act – party estopped from denying terms it acted upon despite lack of signed consent judgment.
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26 May 2021 |
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Majority-signed tribunal award upheld; 20% interest valid despite inflation adjustment; appeal dismissed with costs.
Electricity Disputes Tribunal — quorum and signatures; majority decisions; interest awards — compensation for deprivation of use versus inflationary adjustment; consent judgments and estoppel; appeal dismissed with costs.
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26 May 2021 |
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Testamentary bequest gave heir ownership and power to sell; failure to file inventory did not invalidate the sale.
Succession law – testamentary bequest and ownership – sale of bequeathed land; Succession Act s.278 – inventory filing does not automatically invalidate testamentary distribution; trespass/ejectment – entitlement to vacant possession; general damages – judicial discretion and reasonableness.
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24 May 2021 |
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Court reviewed and set aside judgment that wrongly named applicants as estate administrators and struck out late, evasive affidavits.
Civil Procedure – Review jurisdiction under Section 82 Civil Procedure Act and Order 46 Rule 1(2) – competence of review where appeal by other parties pending. Civil Procedure – Error apparent on face of record – inclusion of parties as administrators without letters of administration or substitution. Civil Procedure – Affidavits in reply – time limits (15 days), leave of court, and requirements against evasive denials (Order 6 Rules 8 & 10). Civil Procedure – Substitution of parties – necessity of application under Order 24 and proof of letters of administration.
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24 May 2021 |
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A mandatory interlocutory injunction to deposit withdrawn funds was refused where it would effectively decide the main suit.
Civil procedure – interlocutory relief – mandatory injunction – extraordinary remedy requiring special circumstances and higher assurance; must restore status quo and not decide main suit. Deposits of contested funds – court reluctant to order deposit where it would substantially grant main relief or create new state of affairs. Delay and prejudice considerations in interlocutory mandatory relief.
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21 May 2021 |
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21 May 2021 |
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A taxing master's instruction fee can be reduced when a suit is withdrawn; interlocutory fee sustained.
Taxation of costs – instruction fees – discretion of taxing master – Sixth Schedule of Advocates (Remuneration and Taxation of Costs) Regulations – effect of withdrawal of suit on allowance of instruction fees Proportionality principle – instruction fees must reflect value, importance and work done Judicial restraint – interference with taxing officer’s assessment only in exceptional cases
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20 May 2021 |
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17 May 2021 |
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Cancelled certificate of title insufficient to defeat evidence of deceased's ownership; appellant held a trespasser; appeal dismissed.
Land law – ownership dispute between competing claimants; effect of cancelled certificate of title; probative value of certified searches and oral evidence; bona fide purchaser and cancellation of title; trespass where entry is made against party in actual or constructive possession.
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10 May 2021 |
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Receipt of funds/items intended for a joint business constituted unjust enrichment; appeal dismissed and trial judgment upheld.
Partnership/partnership by conduct – intention to carry on business in common; contributions can create partnership by conduct. Money had and received / unjust enrichment – restitution available where defendant retained benefit at plaintiff's expense. Evidence – assessment of intention and conduct; admissions, transfers and witness testimony establish purpose of funds. Contract Act writing requirement – statutory writing threshold interpreted as directory, not automatically voiding informal agreements.
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10 May 2021 |
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Appellant failed to prove Returning Officer hadn’t declared opponent unopposed; slip-rule correction made and application dismissed.
Electoral law — Competence of appeals under section 15 ECA — Jurisdiction shifts to Chief Magistrate under Local Government Act s.138 once declaration made — Burden of proof on appellant to show Returning Officer did not declare opponent unopposed — Slip rule correction of typographical error.
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10 May 2021 |
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Court upheld NEMA’s ESIA approval as procedurally lawful; applicants had standing but their challenge was dismissed.
Judicial review – locus standi (public interest standing); exhaustion of administrative remedies – discretion preserved despite statutory internal review; administrative procedure – consultation duties and public hearings under National Environment Act 2019 and EIA Regulations; admissibility of affidavits – requirement for leave to file supplementary affidavits.
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7 May 2021 |
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A stay of execution pending appeal was granted due to likely success, imminent execution threat, and risk of irreparable loss, subject to security.
Civil procedure – Stay of execution pending appeal – Conditions under Order 43 Rules 1 and 4(3): likelihood of success, substantial loss, promptness, security. Security for due performance – discretion to require security; protection of judgment creditor vs. right to appeal. Imminent execution – notice to show cause and deposit as indicators of execution threat.
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6 May 2021 |
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Suit abated where plaintiff lacked clear corporate identity; preliminary objections on locus standi and cause of action upheld.
Civil procedure – preliminary objections – locus standi and misnomer in corporate name; cause of action – identity discrepancies in sale agreements; abuse of court process; insufficiency of court fees (Section 97 Civil Procedure Act) not fatal; abatement for failure to extract Summons for Directions (Order XIA Rules).
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4 May 2021 |
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Failure to serve the record/notice of appeal renders the appellant's appeal null and void and justifies striking it out with costs.
Civil procedure – Appeal – Service of record/notice of appeal – Non‑service of request for record and notice of appeal renders appeal null and void – Subsequent service does not cure defect – Appeal struck out with costs (Order 49 r.2; Order 5 r.1).
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3 May 2021 |