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Citation
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Judgment date
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| March 2024 |
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Consent judgments may be reviewed for error apparent on the record to include verifiable omitted beneficiaries, but non‑parties cannot be added.
Civil procedure – Review of consent judgment – Consent decrees amenable to review for mistake, illegality or ignorance of material facts – Order 46 CPR and Section 82 CPA – Verification of claimant entitlement required before inclusion – Non‑parties cannot be added by review.
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28 March 2024 |
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A genuine factual dispute over whether the alleged loan was paid created triable issues; unconditional leave to defend was granted.
Civil procedure – summary suit – Order 36 r.4 – leave to appear and defend – bona fide triable issue; Affidavits – commissioning – virtual appearance valid under ICT practice directions; Evidence – dispute over payment; parole evidence rule and admissibility of oral evidence to impeach written agreement.
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28 March 2024 |
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Applicant's amicus application dismissed for lack of impartiality and absence of novel legal contribution.
Amicus curiae — discretionary admission; requirements: neutrality and impartiality; must offer specialised expertise or novel legal points that assist the court; should not introduce new evidence; intervention must serve public justice.
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25 March 2024 |
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Cheque issued as security may be recalled; no landlord–tenant relationship established, appeal dismissed with costs.
Bills of exchange/cheques – conditional vs unconditional payments – issuance of a cheque as security; landlord–tenant relationship – proof of tenancy and subletting; recall/cancellation of cheque where no value or condition communicated to bank; appellate review – re-evaluation of evidence and witness demeanour.
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15 March 2024 |
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Mandamus denied because a Court of Appeal stay and disputed representation prevent enforcement of the taxed costs.
* Administrative law – Mandamus – requisites: clear right, corresponding duty, omission, and lack of adequate alternative remedy.
* Civil procedure – Effect of appellate proceedings – subsisting stay of execution from Court of Appeal bars enforcement of orders in lower court.
* Costs – enforcement of taxed bill of costs under Certificate of Order – entitlements contested where representation/instructions disputed.
* Locus standi & propriety – bringing enforcement in the names of judgment creditors; opposing deponents’ interest to resist execution.
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15 March 2024 |
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An informer must prove a causal nexus between provided information and recovered tax to claim the 10% reward.
* Tax law – informer rewards – s.8 Finance Act 2014 – entitlement to 10% contingent on information leading to recovery
* Requirement of direct evidence of causal nexus between information supplied and tax recovered
* Burden of proof on claimant informer; risk of awarding rewards for routine or independently-initiated recoveries
* Reliance on precedents requiring strict proof (Matagala; KB Serial)
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13 March 2024 |
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Applicant unlawfully detained and tortured in ISO safe houses; court awarded compensatory and exemplary damages, interest and costs.
Constitutional law — unlawful arrest and detention in non‑gazetted safe houses — torture, cruel, inhuman or degrading treatment — Prevention and Prohibition of Torture Act — vicarious and personal liability of the State and its agents — award of general and exemplary damages, interest and costs.
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13 March 2024 |
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Court issued mandamus directing treasury to pay approved pension arrears, interest and costs; denied two‑counsel certificate.
Judgment enforcement – consequential orders and mandamus – enforcement of computed pension arrears following prior court determinations; requirement of prior demand and clear legal right; refusal of certificate for two counsel where necessity not shown.
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12 March 2024 |
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Court dismissed company petition as incompetent due to an enforceable settlement, finding Companies Act relief not time‑barred.
Companies Act – minority/member protection and remedies; Limitation Act not applicable to company petitions; settlement, approbation and reprobation/estoppel; enforcement of settlement; competence of petition where prior settlement exists.
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11 March 2024 |
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Applicant failed to show real risk of respondents absconding; security under s64/Order 40 refused.
Attachment before judgment; security for appearance under section 64 CPA and Order 40 CPR; requirement of real evidence of intention to abscond or dispose of assets; effect of pending criminal proceedings and retention of travel documents on restraint of movement.
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11 March 2024 |
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A procuring entity may lawfully cancel procurement before award; a tribunal cannot force continuation and costs are discretionary.
Public procurement — Cancellation of procurement under section 75(1) PPDA Amendment Act 2021 — Tribunal review powers under sections 91I and 91K — Freedom of contract prevents compelling continuation of procurement — Costs discretionary.
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4 March 2024 |
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Application alleging police officers’ right to decent housing breached dismissed for insufficient evidence; State’s progressive measures deemed reasonable.
Socio-economic rights – access to adequate housing – justiciability and progressive realisation; minimum core content and reasonableness standard; available-resources doctrine; State obligations to respect, protect, promote and fulfil housing rights; burden of adducing specific, verifiable evidence; interpretation of police standing orders in context of resource constraints.
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1 March 2024 |
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Applicant failed to prove the state unreasonably breached police officers' right to decent housing; application dismissed.
Human rights – Socio-economic rights – Right to adequate housing – Justiciability; Minimum core content and progressive realisation; Reasonableness standard; State obligations to respect, protect, promote and fulfil; Police standing orders and available-resources doctrine; Evidential burden for public-interest socio-economic claims.
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1 March 2024 |