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Citation
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Judgment date
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| November 2025 |
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Applicant raised triable issues; court granted unconditional leave to defend salary-refund claim and ordered defence filed.
Civil procedure — Order 36 summary judgment — triable issue required to refuse summary judgment — denial of liability — study leave and salary refund dispute — COVID-19/industrial action as factual defences — leave to defend granted; WSD within 15 days.
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28 November 2025 |
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Court granted extension to litigate alleged unlawful cancellation of title that implicated the right to a fair hearing.
Judicial review — extension of time under Section 40(7) Judicature Act and Rule 5(1) — exhaustion of administrative remedies as good reason for delay — alleged cancellation of title without hearing — breach of right to fair hearing — public interest in land administration.
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28 November 2025 |
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Judicial review dismissed as premature: ministerial directives not binding and no reviewable decision yet.
Judicial review — amenability and prematurity — ministerial directives vs statutory powers of Commissioner for Land Registration (s.88 Land Act) — procedural fairness — review versus civil remedy for title disputes.
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28 November 2025 |
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The applicant’s stay was dismissed for failing to prove likelihood of success, substantial irreparable loss, and to provide required security.
Civil procedure – Stay of execution – Order 43 Rule 4(1) and Rule 3 conditions – Requirement to show substantial loss, lack of delay, security for due performance – Notice of Appeal filed but competence/service matters for appellate court – Statutory body not equivalent to government for Rule 6 exemption.
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28 November 2025 |
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Court granted extension to file a late memorandum of appeal due to former counsel's inadvertence, finding sufficient cause.
Civil Procedure – Extension of time to file memorandum of appeal – Section 79(1), Section 96 CPA and Order 51 Rule 6 CPR – judicial discretion – factors: length of delay, reason, arguability, prejudice – negligence of former counsel can constitute sufficient cause.
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28 November 2025 |
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Application to set aside default judgment dismissed: service admitted, leave filed late, proposed defence found sham.
Civil procedure – Summary procedure (Order 36 r11) – Setting aside default judgment – Ineffective service vs good cause – Requirement of triable defence – Time limits for specially endorsed plaint – Sham defence – Costs.
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28 November 2025 |
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Applicant's application to strike out the defence for general/evasive denials was dismissed; defence addressed main allegations.
Civil Procedure — Striking out pleadings — Order 6 Rules 8, 10 and 30 CPR — General and evasive denials — Requirement to deal with main allegations; Pleadings must disclose a reasonable defence; Exceptional nature of striking out; Affidavit formalities — belated objection.
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28 November 2025 |
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Court allowed the applicant to add the respondent (Attorney General) to resolve disputed liability and avoid multiplicity of suits.
Civil procedure — Amendment of pleadings (Order 6 Rule 19 CPR) — Joinder of parties (Order 1 Rule 3 CPR) — Section 33 Judicature Act — Vicarious liability dispute — Avoidance of multiplicity of suits — Prejudice test for amendment.
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28 November 2025 |
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High Court set aside magistrate’s judgment as a nullity for want of pecuniary jurisdiction and remitted the matter.
Revision — High Court power under s.83 CPA; Jurisdiction — pecuniary limits of Magistrates Grade One; Nullity of proceedings for want of jurisdiction; Chief Magistrate’s duty under s.220 MCA to forward irregular records to High Court; Admissibility of affidavits — Order 19 r.3 CPR; Remittal for rehearing; Costs apportionment.
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25 November 2025 |
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Registered lease cannot be rescinded without due process; public body's rejection of transfer and rescission were unlawful.
Administrative law – Judicial review – Amenability where public body made final decision affecting registered proprietor; Natural justice – right to be heard – failure to inform or give hearing vitiates decision; Illegality/ultra vires – public body cannot cancel a registered lease/title without statutory procedure; Irrationality – decisions must be reasonable, transparent and follow legal advice; Remedies – certiorari, mandamus, injunction, damages and costs.
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24 November 2025 |
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Stay of execution refused: appeal lacked serious legal questions and applicant failed to show substantial loss.
Civil procedure – Stay of execution pending appeal – Order 43(2) and (3) CPR – requirements: substantive appeal, risk of substantial loss, no unreasonable delay, security – judicial review appeals limited to process (illegality, irrationality, procedural impropriety) – appeal must raise serious questions of law or fact – balance of hardship.
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24 November 2025 |
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Applicant failed to satisfy statutory prerequisites for interim stay; Order 9 Rule 6 default judgment upheld.
Civil Procedure – Interim stay of execution – Order 43 Rule 4(3) CPR prerequisites: competent notice of appeal, substantial loss, no unreasonable delay, security – Default judgments – Order 9 Rule 6 for liquidated claims – Procedural irregularities immaterial where substantive debt established – Equity: unclean hands and abuse of process bar relief.
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21 November 2025 |
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Application for judicial reference of taxation was improperly brought; only taxing officer or party consent can invoke a judge.
Advocates Act s.68(1),(2),(3) – Taxation of bills of costs – Referral to judge: only by taxing officer on own motion or by consent of parties; improper procedure cannot be invented by applicant; alternative appeal remedies available – Order 50 r.8 CPR; procedural competence; functus officio issues where appeal pending.
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20 November 2025 |
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The applicant complying with Advocates Act requirements is entitled to have its advocate-client bill taxed and recovered with interest.
Advocates Act (ss.63,64) – Advocate‑client bill of costs – signature and delivery requirements – taxation where respondent fails to seek taxation within 30 days – presumption of truth where affidavit evidence unrebutted – interest under Advocates’ Regulations (6% p.a.).
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20 November 2025 |
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Certificate of title cancellation quashed for illegality and denial of fair hearing; title remains valid pending competent court order.
* Administrative law – Judicial review – amenability where public body exercises land registration functions.
* Land law – Section 88 Land Act – requirements for notice, hearing, reasons and right of appeal before cancelling a certificate of title.
* Illegality/ultra vires – cancellation of title without jurisdiction or proper procedure.
* Natural justice – denial of meaningful hearing where a party prevented from testifying or calling witnesses.
* Separation of powers – commissioner cannot conclusively adjudicate ownership disputes reserved for the High Court.
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14 November 2025 |
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Police acting in the course of duty rendered the State vicariously liable for negligent shooting; damages and costs awarded.
* Vicarious liability – employer liability for torts of police officers acting in course of duty
* Negligence – duty of care by police; unreasonable use/possession of firearm; accidental discharge credibility
* Remedies – special damages (medical expenses), general damages, punitive damages, interest and costs
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14 November 2025 |
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Government’s admitted liability for agreed terminal benefits justified a certificate/order; unpleaded damages and interest were rejected.
Government proceedings – Certificate of order under Section 19 Government Proceedings Act; Judgment on admissions – sufficiency of government admission under Order 13 r.6; Pleadings – prohibition on relief not claimed and absence of evidence (Fang Min principle).
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6 November 2025 |
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Judicial review focuses on process; interdisciplinary degree valid as related specialization, so appointment upheld.
Administrative law – Judicial review – scope limited to procedural fairness, legality and rationality, not merits; exhaustion of remedies excused where internal remedies are fettered or unaddressed; public appointments – qualifications – interdisciplinary degrees may constitute 'related specialization' under advertised criteria; consultations with technical bodies and accrediting institutions relevant to lawfulness of appointment.
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5 November 2025 |
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Appellant entitled to market value and damages after respondent failed to prove a loan and unlawfully sold his vehicle.
Consumer/money-lending law – compliance with Tier 4 Microfinance Institutions and Money Lenders Act (sections 69, 86); Electronic evidence – authentication and admissibility of call recordings under the Electronic Transactions Act; Secured transactions – obligations of secured creditor to account after disposal under section 52(1) of the Security Interest in Movable Property Act; Remedies – award of market value, general damages, interest and costs.
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5 November 2025 |
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Disqualification from guild elections upheld where applicant was convicted by a university disciplinary committee.
* Administrative law – Judicial review – scope confined to legality, rationality and procedural fairness
* Students’ election law – eligibility – Article 9(1)(e) excludes students found guilty by university committee
* Procedural fairness – fair hearing upheld where student pleaded guilty and was disciplined by Hall Disciplinary Committee
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1 November 2025 |