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Citation
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Judgment date
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| March 2022 |
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30 March 2022 |
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30 March 2022 |
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29 March 2022 |
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Whether the plaintiff’s later suit offends the lis pendens rule or amounts to an abuse of court process.
Lis pendens (section 6 Civil Procedure Act) — burden of proof for a previously instituted pending suit; transfer and renumbering of cases between registries; multiplicity of suits and abuse of court process; admissibility/certification of court documents.
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28 March 2022 |
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28 March 2022 |
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Review of a dismissal for want of prosecution fails absent an error on the record or other sufficient, timely reason.
Civil procedure – Review of judgment under S.82 CPA and O.46 CPR – Dismissal for want of prosecution under O.9 r.22 CPR – Error apparent on face of record – Requirement of ‘other sufficient reason’ and promptness in review applications.
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23 March 2022 |
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Court refuses to subordinate government agencies’ unsecured claims despite state shareholding; no evidence or law supports subordination.
Insolvency law – s.173(1) directions to administrator; preservation of equity/common law under s.264; absence of express statutory subordination; distinction between shareholder claims and creditor claims; government agencies as separate corporate/statutory entities; equitable and structural subordination require misconduct or clear legal basis.
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23 March 2022 |
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21 March 2022 |
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Administrative circular denying citizenship by birth based on origin or skin colour is unlawful; eligible applicants entitled to documentation.
Citizenship — constitutional and statutory tests for citizenship by birth (Articles 9 and 10; s.12 Citizenship & Immigration Control Act) — prima facie weight of government-issued passports, IDs and birth certificates — administrative circular discriminating on origin/colour unlawful — remedies: declaratory relief and ordering issuance/renewal of identity documents.
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18 March 2022 |
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Court exercised post-dissolution powers to vest land registered in a dissolved company in the entitled shareholders/estate.
Insolvency Act – distribution of assets after liquidation – section 79 (distribution to members)– sections 84 and 117 (court’s post-dissolution powers). Liquidator – functus officio – inability to redistribute after filing final accounts. Company law – dissolved company – undistributed assets, bona vacantia and court restoration/vesting orders. Property law – certificate of title and registration of land remaining in name of dissolved company.
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18 March 2022 |
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Court dismissed applicant’s challenge to taxation, upholding the taxing officer’s award after considering settlement and proper application of taxation rules.
Taxation of costs – appellate interference with taxing officer’s discretion – error of principle or manifestly excessive/low award required to upset taxation; instruction fees – items subsumed under instruction; relevance of out‑of‑court settlement in assessing taxable costs; procedural objections to supporting affidavit and VAT compliance considered but not determinative.
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18 March 2022 |
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Stay of execution refused where appellant failed to prove substantial loss or provide security despite a pending appeal.
Civil procedure – Stay of execution – Requirements for stay: pending appeal, likelihood of success, imminent threat of execution, no unreasonable delay, provision of security, and greater hardship test – Applicant’s burden of proof – Insufficient evidence of substantial loss and absence of security – Discretion to refuse stay.
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18 March 2022 |
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Interdiction pending investigation need only be grounded and reasons given; it does not attract a prior full hearing.
Administrative law – judicial review – interdiction of public officer pending investigation – interdiction is a neutral preliminary measure not attracting full right to be heard – requirement to inform reasons and conclude investigations within reasonable time – no procedural impropriety where interdiction letter gives reasons and investigation justified.
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17 March 2022 |
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Mandamus was refused where payment depended on parliamentary appropriation and an administrative compensation process.
Judicature Act – prerogative writ of mandamus – discretionary equitable remedy; Government proceedings – certificate of order against government – payments dependent on parliamentary appropriation and administrative compensation committee; Contempt – disobedience of judgment where alternative administrative remedies exist; Public funds – courts reluctant to direct Treasury on appropriation and payment prioritisation.
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11 March 2022 |
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Failure to afford a hearing in an investigatory procurement audit rendered adverse findings unlawful and subject to certiorari.
Judicial review; certiorari and prohibition granted where investigatory audit report contained adverse findings; natural justice and legitimate expectation to be heard; PPDA Act sections 7 and 8 investigatory powers; advisory opinion vs reviewable decision; procedural impropriety and illegality.
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11 March 2022 |
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Oral contract with the contractor existed; unauthorized demolition breached contract and general damages were awarded.
Contract law – oral agreement – existence and proof of oral contract; Breach – demolition without owner’s consent; Privity – company not party to earlier oral contract; Damages – failure to prove special damages; Award of general damages, interest and costs.
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11 March 2022 |
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Administrator may verify claims and majority shareholder/parent claims can be structurally subordinated to protect other creditors.
Insolvency — Administrator’s power to verify and adjudicate claims; application of Insolvency Regulations r.172 and r.175–178 to administration; court directions under s.173(1); treatment and subordination of shareholder/related‑party claims; structural subordination to protect general creditors.
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11 March 2022 |
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Conviction under Anti‑Corruption Act automatically disqualified applicants from public office; dismissal did not violate fair hearing or property rights.
Criminal conviction under Anti‑Corruption Act – effect of section 46; automatic disqualification from public office; fair hearing — preclusive effect of criminal proceedings on subsequent administrative action; pension/property rights and deprivation following conviction; entitlement to damages for dismissal after statutory disqualification.
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11 March 2022 |
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Whether the applicant’s EXCO summary dismissal during COVID-19 complied with the CBA and requires internal appeal.
Administrative law – Judicial review: grounds of illegality, irrationality and procedural impropriety; Employment law – Disciplinary procedure and summary dismissal under a Collective Bargaining Agreement; Delegation and emergency governance – Board-created EXCO during COVID-19 and its Terms of Reference; Exhaustion of internal remedies – requirement to appeal to Director General before judicial intervention.
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11 March 2022 |
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Court declined the applicant’s judicial review of licence-transfer, citing a parallel private suit against the respondent and risk of conflicting decisions.
Administrative law – Judicial review – overlap with private law claims – appropriateness of judicial review where parallel civil suit pending. Civil procedure – abuse of process and risk of inconsistent judgments when similar matters are pending in another court. Broadcasting law – transfer of broadcasting licence – consent/approval and procedural review.
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11 March 2022 |
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Judicial review dismissed as moot after employment contract expired and remedies were overtaken by events.
Administrative law – judicial review – mootness – whether remedies are overtaken by events where interim orders were granted and the employment contract expired. Employment law – fixed-term contract – expiry by effluxion of time; effect on claims for reinstatement and injunctions. Judicial review – prerogative remedies discretionary; damages not awardable absent prerogative orders or a separate cause of action. Costs – where delay and events caused mootness, each party may bear own costs.
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10 March 2022 |
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No contract variation or unlawful interdiction found, but respondents held in contempt for unpaid contractual health‑club benefit.
Employment law – fixed-term contract and effect of probation confirmation; Public Service interdiction – lawful interdiction pending criminal proceedings and interpretation of six-month investigation guideline; Contempt of court – failure to pay contractual entitlement held to be contempt; Remedies – payment order, conditional fine and costs.
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10 March 2022 |
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10 March 2022 |
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9 March 2022 |
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No evidence of agency—second defendant was an independent contractor; lower court’s award against appellant set aside.
Civil procedure – appeal from magistrate’s court – appellate re-hearing on facts; Agency – ostensible authority/agency by estoppel – burden to prove representation by principal; Distinction between agent/servant and independent contractor – control test; Quantum meruit and indoor management rule – inapplicability where no direct transaction and supplier already paid; Vicarious liability – requires evidence of agency or employment.
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1 March 2022 |