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Citation
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Judgment date
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| November 2024 |
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Freedom from torture—privacy violations—equality and non-discrimination—articles 24, 27, 44(a), and 21(1) of the Constitution—arrest during Covid-19—personal liability—vicarious liability—general damages—punitive damages—interest—costs.
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22 November 2024 |
Advocates' fees—Advocate-Client relationship—professional conduct—fee agreements—taxation of costs—remuneration regulations—reasonableness of fees—execution of decretal awards—client instructions—judicial oversight—legal services without advance fees—discretionary powers—advocate misconduct
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20 November 2024 |
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20 November 2024 |
Procurement law—review application—errors on record—procurement irregularities—breach of procurement laws—nullification of procurement process—fresh procurement directive—costs awarded.
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20 November 2024 |
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20 November 2024 |
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Alleged torture and unlawful arrest unproven; no human-rights violation found and application dismissed.
Criminal procedure and human rights – alleged unlawful arrest and detention – torture claims require strict evidential proof; detention within 48 hours and at authorised station does not amount to human-rights violation; vicarious liability issues do not arise where no primary violation proven.
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20 November 2024 |
Religious disputes—church autonomy—ministerial exception—religious question doctrine—ecclesiastical jurisdiction—fair hearing—justiciability—provincial constitution—exhaustion of internal remedies—judicial oversight—civil Court limits
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20 November 2024 |
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Exploration licence confers exclusive exploration rights; road works excavating minerals required compensation to the licensee.
Mining law – exploration licence confers exclusive exploration rights; minerals vest in Government but interference with exploration rights attracts compensation; Land Acquisition Act s.13 applies only after an award; limitation – cause of action and timing may depend on governmental advice/communications; remedies – proven special damages and general damages; constitutional protection of property (Art.26).
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13 November 2024 |
Human rights—freedom from torture and inhuman treatment—freedom of press and media—assault on journalists—vicarious liability of government—compensation and general damages—public apology and non-repetition guarantees
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13 November 2024 |
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Discovery application dismissed as premature where applicant failed to show documents exist or are in respondent's custody.
Civil procedure – Discovery – Order 10 r.12 CPR and s.22 CPA – prerequisites for discovery: existence, relevance, possession – refusal where application is a fishing expedition or premature pending establishment of claim.
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8 November 2024 |
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Applicant failed to show sufficient cause to reinstate a suit dismissed for want of prosecution; application dismissed with costs.
Reinstatement of dismissed suit – dismissal for want of prosecution – sufficient cause – counsel’s negligence or absence – compliance with filing directions – Section 98 Civil Procedure Act; Order 9 r.23 Civil Procedure Rules – judicial discretion and docket management.
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8 November 2024 |
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Reliance on ECCMIS did not establish sufficient cause to reinstate a suit dismissed for failure to serve proper summons.
* Civil procedure – dismissal for want of prosecution – setting aside dismissal – sufficient cause required
* Service of process – absence of affidavit of service – consequence of unserved summons (Order 9 r.19)
* Government proceedings – summons must allow not less than 30 days under Government Proceedings (Civil Procedure) Rules
* Electronic case management (ECCMIS) – reliance on notifications insufficient without due diligence
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8 November 2024 |
Administrative law—judicial review—political party governance—extension of office terms—internal dispute resolution—non-justiciable political questions—premature suit—necessary parties—abuse of process—costs
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8 November 2024 |
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A council’s resolution attempting to rescind a freehold title and halt school redevelopment was ultra vires, irrational and procedurally unfair.
Administrative law – ultra vires acts; land law – limits on power to cancel title; judicial review – illegality, irrationality and procedural impropriety; entitlement to certiorari and restitution of funds.
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8 November 2024 |
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Interlocutory Registrar rulings are not immediately appealable, and unexplained late appeals constitute abuse of process.
* Companies Act – Right of appeal – Section 173(3) – appeal lies against final determinations, not interlocutory rulings.
* Civil Procedure Act – Limitation of appeals – Section 79(1)– appeals from registrar’s orders must be timely; section 79(2) on exclusion of time for making copies requires proof.
* Civil procedure – interlocutory orders – not separately appealable; may be reviewed with final decision.
* Civil procedure – abuse of process – unexplained delay in filing appeal may render appeal incompetent and abusive.
* Administrative/Registrar practice – registrar should not suspend hearings solely because counsel threatens appeal.
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8 November 2024 |
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Court reduced manifestly excessive instruction fees in election-petition taxation, adjusting awards to reasonable levels.
* Taxation of costs – instruction fees in election petitions – application of sixth schedule (Regs. 6 and 9) to Advocates (Remuneration and Taxation of Costs) Regulations 2018 – interference with taxing officer only in exceptional cases where award is manifestly excessive or wrong in principle. * Factors: nature, importance, complexity, novelty, place, time expended, public interest and prevailing economics. * Election petition remuneration balanced against public interest not to deter candidates.
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6 November 2024 |
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Execution-related disputes between decree parties must be decided by the executing court; suit dismissed as to those defendants.
Civil Procedure Act s.34(1) – execution-related questions must be determined by executing court; Execution law – scope of forum for disputes arising from execution; Separate actions – limited exception permitting separate suits against court bailiffs/third parties; Abuse of process – repeat litigation discouraged; Costs – each party to bear own costs.
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6 November 2024 |
Judicial review – University Tribunal decision – temporary injunctions – public body decisions – procedural irregularities – balance of convenience – University and Other Tertiary Institutions Act, Section 57(2) – judicial discretion – case consolidation – injunctive relief
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1 November 2024 |