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Citation
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Judgment date
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| October 2020 |
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Objector proceedings inquire into possession at attachment date, not title; appellants failed to prove possession or interest.
Objector proceedings — possession (date of attachment) not title; burden to prove "some interest" and actual or constructive possession (Order 22 rr.56–60 CPR); beneficiaries of un-administered estate have no proprietary interest until distribution; attachment of judgment-debtor's dwelling house; sale in execution not halted by pending separate suit or criminal prosecution absent proof of possession by objector.
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30 October 2020 |
| September 2020 |
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Execution sale set aside because the valuation was performed by an unregistered/unlicensed valuer; purchaser to be refunded.
Execution — attachment and sale — validity of valuation — Surveyors Registration Act — qualification/licence of valuer — judicial sale set aside where no lawful valuation — scope of attachment — purchaser refunded — registrar duties to appoint accredited valuers and serve order of sale.
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4 September 2020 |
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An objector who consented to attachment cannot reclaim the property; sale valid and surplus returned after costs.
Execution — attachment and release — Objector must show interest in property at date of attachment; Consent to attachment and guarantee; Fraudulent or evasive transfer to defeat creditors; Validity of sale — compliance with 30‑day advertisement period; Distribution of surplus proceeds after execution; Costs of application.
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1 September 2020 |
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A transferee who acquires property during litigation is bound by earlier decree; objection struck out and stay vacated.
Civil procedure – execution — inappropriate reliance on Order 22 Rule 55 where no attachment exists; Order 22 Rules 86–88 — transferee during pendency excluded from resisting execution; res judicata and decrees operating in rem — assignees bound by prior decree; objector application construed as obstruction to execution; interim stay vacated and costs awarded.
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1 September 2020 |
| August 2020 |
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Physical possession without transfer of title insufficient to defeat Disciplinary Committee's High Court-equivalent warrant of attachment.
Execution — Objection to attachment under Order 22 Rules 55 & 56; Jurisdiction — Disciplinary Committee warrants enforced as High Court orders under s.20(6) Advocates Act; Possession v title — physical possession without transfer insufficient to defeat attachment; Validity of warrant of attachment issued by Disciplinary Committee.
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31 August 2020 |
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Execution sale of property founded on void mailo titles was illegal; sale, taxation and transfers set aside.
* Execution law – attachment and sale of immovable property – mandatory deposit of duplicate/special certificate of title (s.48 CPA). * Land law – mailo/freehold land – non‑citizens cannot acquire or hold mailo titles; mortgages on such titles void ab initio. * Bailiffs’ duties – deposit of proceeds within seven days, proper conduct of public auction, and lawful taxation of bailiff’s bill. * Judicial sale – judicial auction may be set aside where sale is tainted by illegality or procedural defects. * Remedies – setting aside sale/transfer, refund of proceeds, delivery and cancellation of titles, injunctions and referral for misconduct.
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26 August 2020 |
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Court reviewed and set aside an irregularly taxed bailiff’s bill, ordered refund with interest and sanctioned the bailiff.
* Civil procedure — Review — Error apparent on the face of the record — Taxation of costs by Registrar — When review is competent.
* Execution law — Court bailiff fees — Judicature (Court Bailiffs) Rules — Scale of fees and permissible disbursements.
* Taxation — Illegality and misrepresentation in a bill of costs — Irregular taxation vitiating certificate of taxation.
* Public law/discipline — Abuse of office by a bailiff, extortion in execution process — Referral to police and professional sanctions.
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26 August 2020 |
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A bona fide purchaser’s ownership defeats attachment in execution; creditor must identify other property for levy.
Execution – Attachment of movables – Effect of intervening bona fide purchases on attachment; Sale of movable property – Passing of property and protection of subsequent purchasers; Remedies – Stay of execution and release of attached property; Costs – Bailiff’s costs payable by judgment creditor (Court Bailiffs Rules 1987 r.13(4)).
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19 August 2020 |
| May 2020 |
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Family home occupied by wife and children released from attachment despite husband’s compensation order.
Execution and attachment — Order 22 rules 55–57 CPR — objector proceedings; possession and interest in property; matrimonial/family land; children’s welfare paramount; compensation order under Trial on Indictments Act vs. confiscation under Anti‑Corruption Act (Sections 63/63A); release from attachment when spouse has bona fide interest.
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18 May 2020 |
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Applicant in occupation of matrimonial home had an interest; attachment set aside to protect children and family shelter.
* Civil procedure – attachment objections – Order 22 rules 55–57 – investigation of claims and possession. * Family and property – matrimonial/family land – contribution and occupation as basis for interest despite sole registration. * Children’s welfare – best interests principle and protection of family home against execution. * Distinction between compensation orders (Trial on Indictments Act) and confiscation under Anti‑Corruption Act (Sections 63/63A). * Execution set aside; property released from attachment.
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18 May 2020 |
| February 2020 |
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28 February 2020 |
| January 2020 |
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20 January 2020 |
| December 2019 |
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18 December 2019 |
| October 2017 |
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Court released Administrator General’s trust account from garnishee execution; government, not trust funds, meets decretal liabilities.
* Civil procedure – garnishee proceedings – garnishee order nisi and order absolute – completion of execution. * Trusts/Public trustee law – Administrator General/Public Trustee – liability of government under section 35 and Public Trustees Act. * Attachment of debts – prohibition on attaching third-party trust funds; illegality overrides procedural defects. * Remedies – objector proceedings or setting aside execution; court’s inherent jurisdiction to prevent unlawful conversion of trust property.
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3 October 2017 |
| September 2017 |
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Execution of a 1990 decree in 2014 was time‑barred; liquidation did not indefinitely suspend limitation, compensation awarded.
Limitation — Section 3(3) Limitation Act and section 35 Civil Procedure Act — execution barred after 12 years; Liquidation/vesting in central bank does not indefinitely toll limitation (max six‑month exclusion); purchaser under court sale acquires good title; restitution limited — compensation under section 92 available; arrears of interest recoverable only within six years.
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15 September 2017 |
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A bona fide purchaser at a court execution sale acquires good title and is entitled to vacant possession despite collateral challenges.
Execution sales — purchaser’s title — Civil Procedure Act ss.49–50 protect bona fide purchasers; sale under warrant of execution becomes absolute on full payment; court-ordered vacant possession enforceable; magistrates’ compensation orders (MCA s.197) — procedural irregularities noted but do not impeach purchaser’s title; supervisory referral to Chief Registrar where jurisdictional concerns arise.
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13 September 2017 |
| August 2017 |
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Court stayed eviction and payment of damages pending appeal, finding triable issues and potential irreparable harm; notice of appeal was sufficient.
Civil procedure – stay of execution – wrongly cited enabling provision cured and correct rule 0.43 r 4 C.P.R. applied; notice of appeal suffices to found stay application; stay granted where triable issues, risk of irreparable harm, timely application and balance of convenience favour preserving status quo; public body exempt from security under 0.43 r 6 C.P.R.
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23 August 2017 |
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Stay of sale and arrest granted where appeal process commenced and attached property provides sufficient security pending appeal.
Civil procedure – Stay of execution – Notice of appeal and steps to obtain ruling sufficient to ground stay; execution incomplete where attached property not sold; balance of convenience and risk of substantial loss justify stay; supplementary affidavit filed before replies admissible; attached property may suffice as security.
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4 August 2017 |
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An appellate court will not disturb a Taxing Master’s award absent proof of injudicious exercise of discretion; taxation decision upheld.
* Taxation of costs – appellate interference with Taxing Master – discretion exercised injudiciously or misdirection on law required to overturn award. * Advocates (Remuneration and Taxation of Costs) Rules (Schedule 6) – application of prescribed scales for instruction fees, attendance, copies and routine items. * Garnishee proceedings – taxation where judgment debtor absent. * Procedure for increased fees – application to Registrar for certificate to justify higher instruction fees.
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1 August 2017 |
| July 2017 |
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Court ordered maintenance of status quo and stayed execution pending resolution of applicant’s Land Division suit.
Stay of execution – discretionary remedy to preserve status quo – factors: pending suit, irreparable harm, delay, security, balance of convenience – locus standi of non-party claiming equitable title – contempt and merits to be determined in pending civil suit.
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31 July 2017 |
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Stay of execution of taxed costs granted pending appeal, conditional on deposit of the taxed sum as security.
Civil procedure – Stay of execution – Taxed bill of costs – Appeal pending does not automatically stay execution – Court may grant conditional stay on security to prevent appeal being rendered nugatory – Balance of convenience and preservation of status quo.
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27 July 2017 |
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Court refused to compel Administrator General, allowed family to seek administration, and enjoined alienation pending administration and execution.
Administration of estates – Administrator General’s discretion; Letters of Administration – family appointment and certificate of no objection; interim injunction – restraint on alienation pending grant of administration and execution proceedings; eviction requires specific court order; preservation of status quo by injunction.
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17 July 2017 |
| June 2017 |
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Stay of execution refused as sale had concluded; applicant must sue to challenge valuation or set aside the sale.
Civil procedure – stay of execution – application overtaken by events where sale completed; natural justice – buyer must be heard before sale set aside; remedy – sue respondent and buyer to challenge valuation or set aside sale; deposit of proceeds into court.
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8 June 2017 |
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Court substituted the respondent for judgment debtors and allowed execution against assets transferred to defeat the decree.
Civil procedure – Substitution of parties at execution stage; Order 1 r10(2) C.P.R. – addition of necessary parties; Powers of attorney – potential to bind donee to suffer judgment; Execution – attaching assets transferred to defeat decree; Judicial power under s.33 Judicature Act to grant complete relief.
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5 June 2017 |
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Stay of execution refused where purported appeal was filed out of time and annexures contained inconsistent jurats.
Stay of execution – requirement of a valid and timely appeal (or leave to file out of time) – procedural defects in affidavits and jurats – execution matters to be determined by execution court.
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5 June 2017 |
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Court stayed execution and released attached land pending the applicant’s substantive suit, finding preliminary objections premature.
Civil procedure – Execution and attachment – Application to release attached land – Preliminary objection as to absence of cause of action and res judicata – Preliminary objections premature where plaint/substantive suit is before another division – Allegations of fraud require full hearing – Stay of execution and release of property pending determination of substantive suit.
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5 June 2017 |
| May 2017 |
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Execution stayed where consent-payment was conditional and enforcement would be premature pending related appeals.
Civil procedure – stay of execution – discretionary remedy to preserve status quo – factors: likelihood of success on appeal, irreparable loss, delay, security, balance of convenience; Consent judgment – condition precedent – execution premature where payment depends on related proceedings; Wrong citation of law – does not vitiate proceedings; Execution against deceased’s estate – cannot proceed until administrator/executor appointed.
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29 May 2017 |
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Court stayed execution pending appeal on condition applicant deposits half the decretal sum as a bank guarantee and released the goods.
Stay of execution – discretion to grant stay pending appeal – criteria: likelihood of success, irreparable harm, delay, security, balance of convenience; Possessory lien – common law lien requires lawful original possession; Inherent jurisdiction and correct procedural rule may be invoked when wrong rule cited; Security by bank guarantee and partial security accepted instead of full decretal sum.
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29 May 2017 |
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Notice of appeal and risk of eviction justified a conditional stay of execution for non-party residents pending appeal.
Civil procedure – Stay of execution – CPR 0.43 r 4 and 0.52 r 1(3); Notice of appeal as sufficient expression of intention to appeal; Non-parties/residents seeking stay to avoid eviction; Security for due performance not always required; Balance of convenience and irreparable harm.
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29 May 2017 |
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Stay of execution denied where the applicants failed to show irreparable harm or likelihood of success and disobeyed court orders.
Stay of execution — discretionary relief; criteria: likelihood of success, substantial/irreparable loss, delay, security, balance of convenience; notice of appeal without memorandum insufficient to assess prospects; pendency of appeal not an automatic bar to execution; non‑compliance with orders may amount to contempt.
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16 May 2017 |
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Stay of execution refused where no proper or pending challenge to taxation existed and the application amounted to abuse of process.
* Civil procedure – Stay of execution – requirements: likelihood of success, risk of substantial/irreparable loss, absence of undue delay, security and balance of convenience.
* Advocates’ bill of costs – taxation – challenge to taxation must be properly instituted and pending to justify a stay.
* Appeal procedure – mere intention to appeal or application for extension of time does not automatically stay execution.
* Abuse of process – stay refused where applicant’s conduct and delay aimed to frustrate enforcement of taxed costs.
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4 May 2017 |
| March 2017 |
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Mandamus granted to compel government to pay decretal sums and interest; claimed 10% damages denied.
Mandamus — enforcement of judgment debt against the State — requirements: clear legal right, corresponding duty, omission, lack of alternative remedy — Secretary to the Treasury/Attorney General obliged to pay decretal sums and interest — damages not awardable by mandamus where not decreed by court.
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23 March 2017 |
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Applicant not party to underlying suit obtained release of attached vehicles and set aside of execution.
Execution and attachment – objection proceedings – investigation limited to possession not title – constructive possession by a passenger service operator – joint ownership and mistaken attachment – setting aside execution and release of property – section 98 CPA and section 33 Judicature Act – costs for failure to oppose.
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9 March 2017 |
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Applicant, not a party to the underlying suit, proved constructive possession; court set aside execution and released attached vehicles.
Execution – Objection to attachment – Inquiry limited to possession not ownership – Applicant must plead and prove possession; Constructive possession; Attachment of property of a non-party; Setting aside execution; Costs awarded for wrongful attachment.
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9 March 2017 |
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An earlier-filed appeal may be heard before subsequent contempt proceedings if hearing contempt first would render the appeal nugatory.
Execution and garnishee proceedings – precedence of contempt proceedings versus earlier-filed appeals – discretion to stay contempt where hearing it first would render appeal nugatory – garnishee obligations and third-party interests.
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7 March 2017 |
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Respondent held in civil contempt for re‑occupying land; court ordered vacatur, demolition, damages, fine, injunction.
Contempt of court – civil contempt – requirements: existence of lawful order, knowledge, disobedience – remedies: committal, fine, exemplary damages, demolition and permanent injunction – enforcement of eviction and land possession orders.
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1 March 2017 |
| February 2017 |
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Court stayed execution pending lower-court determination of an application to set aside an allegedly fraudulently obtained decree.
Execution – Stay of execution – Conditions for stay: substantial loss, no unreasonable delay, security; Allegations of fraud – entitlement to be heard; Ex parte decree – setting aside pending in lower court – stay to prevent nugatory outcome; Court’s discretion to stay without security in appropriate circumstances.
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27 February 2017 |
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Objector who proves possession and an independent interest is entitled to release of attached vehicle; title and forgery issues reserved for full suit.
Objection proceedings – attachment of goods – focus on possession and interest on applicant’s own account – title and allegations of limitation or forgery reserved for substantive suit – forgery not provable by affidavit alone – documents by advocate without practising certificate not automatically invalid.
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20 February 2017 |
| January 2017 |
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Stay of execution granted pending determination of application to set aside ex parte orders amid fraud allegations and possession.
Stay of execution – ex parte orders – application pending to set aside ex parte ruling – allegations of fraud in consent judgment – possession and reinstatement – considerations: likelihood of success, irreparable injury, balance of convenience (Magunga v National Bank).
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12 January 2017 |
| December 2016 |
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Mandamus denied where procedural irregularities and doubtful service undermined an asserted undisputable right to payment.
Judicature — mandamus — requirement of clear legal right and corresponding duty; procedural regularity and valid service of certificates of order; mandamus will not enforce doubtful or unsupported claims; reliefs must derive from judgment sought to be enforced.
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6 December 2016 |
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Court issued mandamus compelling respondents to pay applicant’s decretal sum with accrued interest and costs.
* Administrative law – mandamus against government – requirements: clear legal right, corresponding duty, omission and lack of adequate alternative remedy.
* Government liabilities – payment of decrees against the State via Attorney General/Treasury; verification and Treasury allocations do not negate the statutory duty to pay.
* Interest and costs – court ordered accrued interest and taxed costs; continued non‑payment may amount to contempt.
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6 December 2016 |
| November 2016 |
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Consequential transfer set aside where judgment debt had been paid and the execution sale and registration were procedurally defective.
• Civil procedure – Review of Registrar’s consequential order under execution proceedings – jurisdiction and nullity. • Execution law – Attachment and sale – expiry/renewal of warrant, requirement for re-advertisement, return of warrant and proof of sale. • Registration of Titles – Effect of consequential orders and protection of third-party title; necessity to hear affected parties. • Inherent jurisdiction and procedural regularity – consequences of errors apparent on the face of the record.
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25 November 2016 |
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Mandamus granted to compel respondents to pay the applicant the VAT refund owed under a consent decree.
Mandamus – grant where just and convenient; Judicature Act s37 – requirements for mandamus (clear right, corresponding duty, omission, lack of alternative); Government Proceedings Act s19 – certificate/order against Government; payment of decrees against Government via Attorney General/Treasury Officer of Accounts; ex parte hearing where respondents served and absent.
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18 November 2016 |
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Court granted mandamus compelling Treasury to pay decretal sum after a duly served certificate of order against Government.
* Public law – Mandamus – Compelling government to satisfy a decree – Certificate of order under s.19 Government Proceedings Act – Requirements for mandamus: clear legal right, corresponding duty, omission, lack of alternative remedy.
* Civil enforcement – Payment of judgments against Government – Treasury/Accountant General duty to pay – Failure to pay may constitute contempt of court.
* Procedure – Attempted attachment of government property declared illegal – mandamus appropriate where no effective alternative remedy exists.
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11 November 2016 |
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Mandamus granted to compel Treasury to pay a duly certified court decree against the Government; non-payment may be contempt.
* Administrative law – Mandamus – High Court power to compel performance of statutory duty under section 37 Judicature Act; * Government Proceedings – satisfaction of orders against Government – certificate of order under section 19 Government Proceedings Act; * Enforcement of judgment against Government – service of certificate and statutory obligation to pay; * Contempt – persistent failure to satisfy decree may amount to contempt.
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4 November 2016 |
| October 2016 |
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Respondents held in civil contempt for obstructing execution; aggravated and exemplary damages, a fine and taxed costs awarded.
Contempt of court – civil contempt – elements: lawful order; knowledge; disobedience; remedies — committal, fine, exemplary and aggravated damages; taxed costs; enforcement of execution orders; reliance on common law principles via Judicature Act.
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29 October 2016 |
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Bank held in contempt for failing to remit garnished funds; damages, fine, repayment and costs ordered.
* Civil contempt – garnishee order nisi and garnishee order absolute – existence, knowledge and disobedience as elements of contempt.
* Bank liability – vicarious liability for internal fraud does not excuse non-compliance with court orders.
* Effect of appellate stay – a later-received stay cannot retrospectively excuse prior non-compliance with a valid High Court order.
* Remedies – declaration of contempt, exemplary damages, fine, payment with interest, taxed costs; committal discretionary and may be refused if futile.
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26 October 2016 |
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Stay of execution granted pending appeal subject to deposit of monetary security and filing of typed record.
Civil procedure – Stay of execution pending appeal – O.43 r.4(3) CPR – requirements: substantial loss, absence of unreasonable delay, security – mis-citation of law not fatal – notice of appeal sufficient to ground stay – court ordered monetary security and return of lower court file.
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18 October 2016 |
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Court ordered payment of admitted decretal sum within six months by instalments; failure to pay permits execution to proceed.
Execution and bailiffs – stay of arrest warrant and execution – appropriateness of instalment payments to defeat enforcement – interlocutory negotiations and delay affecting decretal sum – costs and consequence of non‑payment.
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10 October 2016 |
| July 2016 |
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A stay of execution based only on an unfiled application to set aside judgment is misconceived and will be dismissed with costs.
• Civil Procedure – Section 98 CPA – inherent powers to make orders for ends of justice – limits where underlying application is non-existent.
• Execution – stay of execution – requirement of a pending substantive application to set aside judgment as prerequisite for stay.
• Procedure – service and substituted service – notice to show cause and publication by newspaper as valid steps.
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11 July 2016 |