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Citation
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Judgment date
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| February 2024 |
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Court set aside dismissal and reinstated the applicant's suit, finding sufficient cause from counsel's inadvertence and lack of notified hearing.
* Civil procedure – Setting aside dismissal of suit – Order 9 rule 18 CPR (dismissal under rule 17) – requirements for sufficient cause: honest intention to attend, due diligence, prima facie merit.
* Procedural fairness – notification of hearing – absence of evidence of notice may justify benefit of doubt.
* Advocate negligence – where counsel’s lapse occurs, innocent litigant may not be penalised.
* Remedy – reinstatement via court order, ECCMIS filing and new file number; costs in the cause.
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27 February 2024 |
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A thalidomide-based personal-injury claim was dismissed as time-barred; ignorance is not a Limitation Act disability.
* Limitation law – actions for personal injuries – three-year limitation under section 3(1) of the Limitation Act applies to negligence/product‑liability claims. * Disability exceptions – section 21 and section 1(3): disability limited to infancy and unsoundness of mind; ignorance or lack of medical proof is not a statutory disability. * Pleading requirements – when suing after limitation period, grounds of exemption must be pleaded in the plaint (Order 7 rule 6). * Procedural consequence – time limitation is a complete bar; late claims are a nullity; costs awarded under Section 27 CPA.
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26 February 2024 |
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Court dismissed enforcement of tribunal appointment, finding respondent’s non-compliance justified and not mala fide.
Administrative/judicial review — enforcement of university staff tribunal orders — mandamus — contempt: elements (existence of order, notice, non-compliance, willfulness/mala fides) — time limits and exhaustion of remedies — public finance constraints (vacancy, wage clearance, PFMA) may justify non-implementation.
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23 February 2024 |
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Leave to appeal denied where the High Court properly exercised discretion to validate a two-day-late defence.
Civil procedure – Leave to appeal (Order 44(1)(2)) – Extension of time (Order 51 r.6) – Exercise of judicial discretion – Inherent powers of court – No prima facie grounds shown for appeal.
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22 February 2024 |
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Court ordered transfer of deceased single-member company shares to estate administrators under inherent jurisdiction and succession law.
* Companies law – Single-member company – Transmission of shares on death; Companies Act s.87(1); Company (Single Member) Regulations SI No.72 of 2016; nominee director absent. * Succession – Shares as part of estate – Succession Act s.192 – administrators entitled to estate assets. * Civil procedure – Inherent jurisdiction and equitable relief – Judicature Act s.33; Civil Procedure Act s.98 – court may grant guidance where registrar cannot act.
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21 February 2024 |
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Administrator added as director and permitted to hold single-member meeting to resolve company deadlock.
* Companies Law – Court power under s.142 to order and regulate company meetings where impracticable to convene normally; * Table A Regulation 100 – continuing directors’ power to restore quorum; * Administrator’s interest – appointment as director and permission to hold single-member meeting to resolve deadlock.
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21 February 2024 |
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A distress certificate was properly granted; the applicant's leave-to-appear application was incompetent and the appeal dismissed.
* Civil procedure – Appeal – Grounds of appeal must be concise and specify particular errors – Order 43 r.1(2) CPR.
* Civil procedure – Summary suit procedure (Order 36 CPR) distinguished from applications under Distress for Rent Act; leave to appear and defend not available where no summary suit.
* Landlord and tenant – Distress for rent – prerequisites for certificate: landlord–tenant relationship, tenant in arrears, and a certain/specified amount.
* Abuse of process – Incompetent or unnecessary applications may be struck out and cannot form basis for appeal.
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20 February 2024 |
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A preliminary objection cannot decide disputed factual issues about contract avoidance; the plaint here disclosed a cause of action.
* Civil procedure – Preliminary objection – parameters under Mukisa; objection must be a pure point of law arising from pleadings.
* Pleadings – Cause of action – requirement that plaint show a right, violation and defendant’s responsibility.
* Insurance law – s.34 Insurance Act – voidable policies for unpaid premiums; avoidance requires factual and contractual inquiry.
* Evidence – issues of ratification or avoidance of contract cannot be resolved on pleadings alone and require trial.
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19 February 2024 |
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Locking leased premises without contractual notice was wrongful termination; tenant awarded special and general damages, interest and costs.
Tenancy law – existence and renewal of tenancy; wrongful self-help lockout by landlord; proof of special damages; counterclaim for rent arrears must be strictly proved; interest and costs awarded where landlord breaches contract.
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14 February 2024 |
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Deportation restrained pending judicial review where prima facie case, irreparable harm and balance of convenience supported injunction.
Immigration law – Judicial review – Interlocutory injunction – preservation of status quo – prima facie case and probability of success – irreparable harm and balance of convenience – deportation restrained pending determination.
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13 February 2024 |
Temporary Injunction—supervisory powers of the High Court—Extraordinary General Meeting—illegality allegations—prima facie case—judicial discretion—equitable remedy—balance of convenience—irreparable damage.
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5 February 2024 |
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Council's nomination of society representatives breached the Act and Regulations but did not violate the applicant's freedom of expression.
• Administrative law – delegated legislation – validity of regulations made under parent Act – Regulations 2016 intra vires ULS Act. • Company/association law – elective offices – "Society representative" held to be elective under Elections Regulations. • Statutory compliance – Council’s nomination/appointment in breach of statutory/regulatory election procedure. • Constitutional law – freedom of expression distinguished from civic/voting rights; breach of procedural election rules did not amount to infringement of freedom of expression on given facts. • Remedies – injunction to prevent further breaches; no declaratory relief on rights infringement; costs each party.
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2 February 2024 |
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1 February 2024 |
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Municipal levies on already‑licensed broadcasters were ultra vires; applicants entitled to refund of illegally collected licence fees.
Trade licensing – Municipal authority’s power to levy trade licences – Statutory instrument (SI No.2 of 2017) – Ultra vires and double taxation – Originating summons as procedure – Representative capacity of incorporated association – Restitution/refund of illegally collected levies.
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1 February 2024 |