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Citation
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Judgment date
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| June 2024 |
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Registrar’s failure to create a substitute title was unlawful; mandamus, damages and costs were granted to the applicant.
Administrative law – Judicial review – Illegality and abuse of discretion where a public officer fails to exercise statutory powers appropriately Land registration – Registrar’s duty under s.170 Registration of Titles Act – creation of substitute/duplicate certificates and blue page files Remedies – Declarations, order of mandamus, damages for breach of statutory duty, and costs Procedural – Ex parte hearing where respondent fails to appear despite service
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21 June 2024 |
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Non-renewal of a fixed-term public employment contract was lawful where conditions for renewal and procedural fairness were not breached.
Judicial review — amenability — public body and public-law matters; fixed-term employment — renewal conditional on performance appraisals; procedural impropriety — no general duty to afford hearing before non-renewal absent contractual/HR requirement; illegality — Presidential recommendation requires ministerial action to have force of law; discretion to admit late affidavits where no prejudice.
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18 June 2024 |
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A board meeting of a non-governmental organization was validly convened despite organizational suspension, as per regulatory directives.
Judicial review – Locus standi – Non-governmental organizations as public bodies – Board meetings – Legality of decision-making – NGO regulatory compliance – Procedural propriety and quorum in board decisions.
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14 June 2024 |
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Default judgment set aside where service was ineffective and applicant demonstrated bona fide triable issues; leave to defend granted.
Civil procedure – Order 36 r.11: setting aside default/decree for ineffective service; affidavits in interlocutory applications – flexible timing for affidavit in reply; summary judgment principles – bona fide triable issues and good cause for leave to defend; service irregularities and effect on judgment validity.
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14 June 2024 |
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High Court severed constitutional claims, found judicial review appropriate but dismissed challenge to licensing/relocation decision with costs.
Judicial review — amenability and scope — High Court may review administrative process but not determine constitutional validity (Article 137) — severance of constitutional claims — grounds examined: illegality, procedural impropriety (legitimate expectation, bias), irrationality — proximity and licensing regulations enforcement.
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10 June 2024 |
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10 June 2024 |
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Letter to judicial officers accusing the plaintiff of coercive land grabbing was defamatory; privilege failed and damages, injunction and costs awarded.
Defamation — Publication to third parties — Imputation of coercion and land grabbing — Qualified (conditional) privilege — Requirement of good faith; malice defeats privilege — Assessment of general damages for reputational injury.
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10 June 2024 |
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7 June 2024 |
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The court allowed a financially distressed company's application to defer its statutory AGM, invoking powers under the Companies Act.
Company law – Annual General Meeting – extension of time – impracticability due to financial constraints – court’s power under Companies Act section 142.
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7 June 2024 |
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7 June 2024 |
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5 June 2024 |
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4 June 2024 |
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Applicant’s 1995 unlawful detention claim dismissed as time-barred; ex-gratia payment did not revive the cause.
Limitation Act — time bar for actions in tort and personal injury; Order 7 rule 6 CPR — requirement to plead grounds of exemption from limitation; ex-gratia payment does not amount to acknowledgment or part payment reviving a cause of action; failure to plead disability or exception precludes reliance on it at trial.
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4 June 2024 |
| May 2024 |
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Challenge under Markets Act 2023 dismissed as premature because of the Act’s three‑year transitional period.
Markets Act 2023 – transitional provision (section 37(b)) – three‑year grace period for existing market arrangements; Judicial review – amenability – public body (KCCA) – actions and omissions as reviewable decisions; Legitimate expectation – ministerial/presidential directives cannot override statutory transitional provisions; Prematurity – enforcement of new regulatory regime against existing contractual arrangements.
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31 May 2024 |
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31 May 2024 |
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31 May 2024 |
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High Court found the applicant an employee, partial arrears proven; awarded UGX10m, general damages, interest and costs.
Constitutional & civil procedure – High Court’s unlimited original jurisdiction – labour statutes do not by implication oust High Court jurisdiction. Employment law – contract of service vs contract for services – application of control, integration and multiple tests. Evidence – parol evidence rule and admissibility of a written acknowledgment as full and final settlement. Remedies – partial recovery of arrears, general damages, interest and costs.
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23 May 2024 |
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The court granted an interim order to prevent impounding of vehicles pending a substantive injunction application.
Civil procedure – Interim orders – Temporary injunctions – Preservation of status quo – Serious threat to applicant's interests – Impounding of property pending suit.
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23 May 2024 |
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23 May 2024 |
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Whether the Registrar lawfully cancelled a certificate of title for registration error and whether judicial review was appropriate.
Administrative law – judicial review – scope limited to decision-making process; not an appeal on merits. Land law – Registrar’s powers under section 91 Land Act – rectification/cancellation for registration errors, endorsement or alteration of register. Procedural fairness – public hearings, service and opportunity to be heard satisfy requirements of natural justice. Exhaustion of remedies – discretionary rule; judicial review permissible where alternative remedy is ineffective or challenge targets procedure.
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21 May 2024 |
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Interim injunction granted to restrain disciplinary proceedings and preserve right to be heard pending judicial review.
Administrative law – interim injunction to preserve status quo pending judicial review; interdiction and disciplinary proceedings; requirement of pending substantive application and risk of execution; evidential burden on respondent’s averments.
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17 May 2024 |
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Mandatory injunction refused—applicants failed to show exceptional circumstances; public interest and third‑party prejudice outweighed relief.
Mandatory injunctions – extraordinary remedy; interlocutory mandatory relief requires special and exceptional circumstances; triable issues alone insufficient; public bodies – restraint only where clear unlawfulness; public interest and third‑party prejudice relevant; regulatory circulars operative until quashed.
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17 May 2024 |
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Judicial review and interim relief not available to enforce private loan; improper parties sued and application dismissed with costs.
Administrative law – judicial review – availability only for public law breaches, not private contractual disputes; Interlocutory injunction – requirements: prima facie case, irreparable harm, balance of convenience; Proper defendant in public body litigation – statutory corporation v office-holders; Public finance – disbursement tagging and beneficiary verification under financial procedures.
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17 May 2024 |
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Court found respondent vicariously liable for its driver's negligent overtaking and awarded special and general damages to the applicants.
Motor vehicle accident – negligent overtaking – driver found to have invaded oncoming lane causing head-on collision. Vicarious liability – employer liable for torts of employee committed in course of employment. Damages – assessment of special damages (vehicle loss, repairs, towing, lost goods), proof of valuation, estimation of loss of dependency where salary evidence lacking; award of general damages and costs. Evidentiary issues – reliance on police report, sketch plan, vehicle inspection, valuation report and documentary proof of goods and dependants.
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17 May 2024 |
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Court granted conditional stay of execution pending appeal, ordering UGX 500,000,000 security deposit.
Civil procedure – Stay of execution pending appeal – Requirements: pending appeal, non-frivolous/likelihood of success, imminent execution threat, substantial loss, no unreasonable delay, and security for due performance – Conditional stay ordered with security deposit (UGX 500,000,000).
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17 May 2024 |
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Court granted interim injunction stopping removal and pausing tribunal pending judicial review.
Administrative law – Judicial review – Interim injunction to preserve status quo pending review; natural justice – right to be heard; ultra vires and abuse of power; balance of convenience and irreparable harm.
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17 May 2024 |
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Court granted interim injunction restraining enforcement of environmental orders pending judicial review, while protecting the wetland.
Judicial review — interim relief — temporary injunction to preserve status quo pending determination; balance of convenience; public interest in environmental protection; prima facie case and irreparable harm; statutory powers of environmental regulator; duty to avoid rendering main cause nugatory.
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17 May 2024 |
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Mandatory interlocutory injunction to restore revoked withholding tax exemption denied for lack of status quo and exceptional circumstances.
Interlocutory mandatory injunction; status quo at time of filing; exceptional nature of mandatory relief; public authority discretion and statutory powers; legitimate expectation; clean hands and equitable relief; tax exemption revocation; preservation of public interest.
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17 May 2024 |
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Temporary injunction refused where applicant showed triable issues but failed to prove imminent enforcement or irreparable harm.
Administrative law – judicial review – temporary injunction – requirement of prima facie case, irreparable harm and balance of convenience; Section 34 KCCA Act – council veto of Division decisions; preservation of status quo; public interest considerations.
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17 May 2024 |
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Applicant’s judicial review of convocation AGM procedures dismissed for lack of merit; respondents awarded costs.
Administrative law – Judicial review – Amenability of decisions of a university convocation/board to public‑law review; time limits for judicial review; procedural impropriety, illegality and irrationality as grounds for certiorari and mandamus; authority to convene meetings under constitutional instruments; adequacy of notice and members’ roll in elections.
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15 May 2024 |
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The court held that only the Judicial Service Commission may handle complaints about judges, not the Law Society or its meetings.
Judicial review – Mandate of professional bodies – Powers of Law Society to inquire or discuss judicial conduct – Exclusivity of Judicial Service Commission in handling complaints against judicial officers – Powers of prohibition and injunction – Procedural fairness in decision-making.
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9 May 2024 |
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The respondent acted ultra vires and procedurally improperly by convening an EGM to discuss a judge, warranting prohibition and injunction.
Judicial review – Amenability and exhaustion of remedies; Ultra vires conduct – professional association discussing judicial conduct; Article 147 JSC mandate to handle complaints against judges; Procedural impropriety – failure to notify affected council member; Remedies – prohibition and permanent injunction.
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9 May 2024 |
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Statutory demand set aside where applicant substantially disputed the debt, asserted a counterclaim, and insolvency was unproven.
Insolvency Act 2011 s.5(4) – statutory demand – grounds to set aside: substantial dispute, counterclaim/set-off, other fit grounds Commercial disputes – reconciliation of accrued hire charges – requirement that debt be ascertained and unequivocal Insolvency procedure – protection against use of liquidation process as debt collection tool Counterclaims and offsets – civil suit required to investigate and determine cross-demands
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3 May 2024 |
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Caveat lapsed lawfully; applicant failed to prove beneficiary interest and reliefs dismissed with costs.
Administrative law – Judicial review – legality, rationality and procedural propriety; Land law – caveats – beneficiary caveat v ordinary caveat; Registration of Titles Act s139, s140(2) – lapsing of caveat; Bona fide purchaser for value without notice; Justiciability of Registrar’s exercises of statutory powers.
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2 May 2024 |
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A consent variation of a decretal award cannot be set aside absent vitiating factors; champertous fee-sharing agreements are unenforceable.
Civil procedure – Consent judgments – binding nature of consent orders; grounds for setting aside: fraud, illegality, mistake or misapprehension of material facts; champerty and maintenance – agreements to share decretal proceeds unlawful; Inspectorate of Government jurisdiction over alleged mismanagement of public funds.
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2 May 2024 |
| April 2024 |
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Court allowed taxation of advocate–client bill, held client (not consultant) liable, and directed taxation under paragraph 9(1).
Advocates — instruction and retainer — advocate–client bill of costs — leave to tax under s.57 Advocates Act — taxation in contentious procurement proceedings — agency and disclosed principal — consultants not personally liable — applicable scale: paragraph 9(1) of 6th Schedule to Advocates (Remuneration and Taxation of Costs) Rules (Amendment) 2018.
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29 April 2024 |
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Statutory demand validly served; debt from consent judgment undisputed, company insolvent and ordered wound up.
Insolvency — statutory demand — valid service at registered office — effect of service on company via receptionist; Insolvency — extension of time to set aside statutory demand — out of time; Company law — winding-up petition — not an abuse of process where statutory demand not complied with and debt undisputed; Civil procedure — procedural defects in affidavits — curable inadvertence; Consent judgments — binding and estoppel against disputing agreed debt.
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27 April 2024 |
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The applicant's amendment was allowed; the registrar wrongly refused leave and the High Court has jurisdiction under Sections 291/292.
Companies Act – Appeals – Interpretation of Sections 291 and 292 – High Court jurisdiction to review or hear appeals from registrar decisions not limited to rectification of register. Civil Procedure – Amendment of pleadings – Order 6 r.19 CPR – Amendment allowed where it aids determination of real issues, does not introduce a distinct new cause of action or cause irremediable prejudice. Arbitration – Concurrent arbitral proceedings do not automatically bar registrar or court from hearing matters within registrar’s statutory jurisdiction.
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25 April 2024 |
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Challenge to JSC shortlisting and alleged bias dismissed for lack of evidence; no constitutional breach found.
Judicial appointments — shortlisting and interviews — alleged denial of fair hearing and discrimination; adverse professional reports; presumption of innocence; bias/apprehension of bias; ex officio attendance of Attorney General; claim of victimisation — dismissed for lack of evidence.
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24 April 2024 |
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A public election return must be produced in original or certified copy; absent certification, a photocopy may be rejected and annulment upheld.
Evidence — Public documents (EC Form 10) — requirement to produce original or certified copy; Election law — Section 139 Local Governments Act — burden and standard of proof in election petitions; Admissibility of photocopies; Effect of subsequent statutory renewal on election remedies.
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23 April 2024 |
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Minister lawfully exercised discretion to reject Board recommendation; judicial review dismissed.
Administrative law – judicial review – standing; NSSF Act s.39 – Ministerial discretion versus Board recommendation; legitimate expectation and procedural fairness; allegation of bias; lawfulness of subsequent appointment; judicial restraint in review of administrative discretion.
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19 April 2024 |
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University management’s emergency suspension of guild activities and constitution‑review measures were lawful; application dismissed with costs.
Administrative law – judicial review – amenability where public university officials exercise administrative powers; illegality, irrationality and procedural impropriety as grounds for review. University governance – scope of Council and senior officers’ powers to suspend student activities and set up committees in emergencies. Students’ rights – validity of constitution review process and suspension of students engaging in banned guild activities.
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19 April 2024 |
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Electoral Commission’s failure to follow statutory disability-determination and fair‑hearing procedures invalidated the disqualification; fresh election ordered.
Electoral law – candidate and locus under Section 138(3)(a) of the Local Governments Act; Persons with Disabilities Act – requirement for medical/expert examination to determine disability; administrative law – fair hearing and procedural compliance by Electoral Commission; remedy – setting aside election and ordering fresh poll.
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19 April 2024 |
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Amendment allowed to add co-defendant where the contracting party’s identity and legal personality were uncertain.
Civil procedure – Amendment of pleadings – Joinder of parties – Order 1 r.10(2) CPR; corporate personality and trade name; suing wrong party; requirement to avoid multiplicity of suits; necessity that proposed party has interest or will be bound by orders.
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12 April 2024 |
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Omission to attach next-friend written authority is a curable formality; the applicants' suit may proceed.
Civil procedure – Order 32 CPR – suits by minors – requirement for written authority of next friend to be presented with the plaint; Procedural compliance – failure to attach authority as matter of form – curable under Article 126(2)(e) of the Constitution; Distinction from Kampala City Council & 2 Others v Nantume Shamirah where minor filed personally.
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12 April 2024 |
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An employer breached its duty of care; the applicant awarded general damages for workplace amputation.
Tort – Negligence – Employer’s duty of care to employee – duty to provide safe systems of work and guarding of machinery. Evidence – credibility and relevance of documentary/video evidence; failure to plead contributory negligence limits defence. Res ipsa loquitur – unnecessary where plaintiff proves breach on balance of probabilities. Damages – assessment of general damages for permanent injury; exemplary damages refused; interest and costs awarded.
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11 April 2024 |
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Statutory demand set aside where verification omitted, arbitration clause unexhausted, and dispute over title made insolvency proceedings inappropriate.
Insolvency Act — statutory demand — requirement for statutory declaration; Arbitration and Conciliation Act — arbitration clause enforceable before insolvency steps; Electronic filing — ECCMIS validation suffices for authentication; Insolvency law — insolvency proceedings not a tool for single‑creditor debt collection; Cause of action — professional adviser not liable where only acting for creditor.
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8 April 2024 |
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Statutory demand set aside where verification absent, arbitration clause not exhausted, and dispute over title and payments existed.
Insolvency law – statutory demand – requirement for verification by statutory declaration – mandatory compliance under section 4(2)(c). Civil procedure – electronic filing – ECCMIS authentication sufficient despite absence of traditional signature/seal. Arbitration – contractual arbitration clause – arbitration required before pursuing remedies; premature statutory demand. Cause of action – liability of attorneys – when a legal service provider is not a proper party to a claim. Insolvency policy – insolvency proceedings not to be used as single‑creditor debt‑collection device.
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8 April 2024 |
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Applicant failed to prove managerial status; disciplinary committee had jurisdiction and judicial review claim dismissed.
Administrative law – judicial review – amenability where public body exercises disciplinary powers; Employment law – jurisdiction of disciplinary bodies; Illegality – burden to prove appointment/promotion; Procedural fairness – requirement to produce appointment documentation under HR manual.
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8 April 2024 |
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Applicant demonstrated a bona fide triable issue because the sale agreement concerned land already in dispute, so summary judgment was inappropriate.
Civil Procedure – Order 36 r.2 – summary procedure – leave to appear and defend – requirement to show bona fide triable issue, not likelihood of success. Contract/land law – sale agreement and overlapping litigation – where agreement concerns land subject to pending suit, a triable issue arises. Summary judgment – illegality/fraud allegations may render summary procedure inappropriate.
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8 April 2024 |