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Citation
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Judgment date
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| 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 |