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Citation
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Judgment date
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| July 2023 |
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Domicile, desertion, adultery and cruelty established; joint legal custody and 80% maintenance contribution by respondent; no alimony.
Family law – Divorce: domicile requirement; grounds of divorce – desertion, adultery, cruelty; proof of adultery by corroborative electronic communications; matrimonial property – necessity of title and proof of contribution; child custody – welfare paramount, joint legal custody with primary physical custody to resident parent; maintenance – shared parental duty with proportional contribution; alimony – requires proof of need; costs – defaulting respondent bears costs.
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28 July 2023 |
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Customary heirship confers limited statutory entitlement; plaintiffs entitled to 0.75 acres and Plot 9 must be redistributed and title corrected.
Succession law – testamentary intention and effect of codicils – entitlement to land under a will. Customary heirship – limits of customary heir’s legal interest; statutory entitlement (Succession Act). Title and probate – registered title inconsistent with will; powers of court to order cancellation and redistribution. Evidence – locus in quo inspection to verify testamentary descriptions.
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27 July 2023 |
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Failure to obtain statutory leave rendered the appeal incompetent and it was dismissed with costs.
Civil procedure — Appeal — Requirement of leave under Order 44 of the Civil Procedure Rules — Appeals are creatures of statute — Failure to seek leave in originating court renders appeal incompetent — Preliminary objection upheld — Appeal dismissed with costs.
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27 July 2023 |
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High Court dissolves marriage for desertion; marriage held valid despite allegations of unlicensed ceremony.
Divorce — jurisdiction of High Court; validity of marriage — licensed place of worship and evidential weight of marriage certificate and Registrar search; grounds for divorce — desertion proven, cruelty not proved; custody and maintenance — joint legal custody, physical custody to respondent; ex parte proceedings where respondent absent.
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24 July 2023 |
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Stay of execution denied for failure to show substantial loss and to provide security pending appeal.
Civil procedure – Stay of execution – Order 43 Rule 4 CPR – Requirements: pending appeal, likelihood of success, substantial loss, no unreasonable delay, security for due performance – Discretionary remedy – Applicant’s failure to prove substantial loss or provide security – stay refused.
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21 July 2023 |
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Court grants intercountry adoption, finding petitioners meet statutory requirements and adoption serves the child's best interests.
Children Act – Intercountry adoption – Jurisdiction under s.44(1)(b); statutory requirements for intercountry adoption (ss.45–46) – foster care and one‑year residence under PSWO supervision; dispensing parental consent where parents unknown; welfare principle paramount; name change and consular/registry notification.
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18 July 2023 |
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Intercountry adoption granted where petitioners met statutory safeguards and adoption was found to be in the child’s best interests.
Children Act – Intercountry adoption – Jurisdiction under s.44(1)(b) – Requirements under ss.45–46 – residence, fostering, police clearances, home study, certificate of suitability, probation report and foreign recognition. Parental consent – Dispensation where parents cannot be found – s.47(2). Best interests principle – child’s welfare paramount – s.3 and s.48. Orders – appointment of adoptive parents, termination of other parental rights, name change, registry and consular notification.
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18 July 2023 |
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Court granted kinship adoption to grandmother, finding adoption in the child’s best interests and waiving the fostering requirement.
Children law – Kinship adoption – grandparent as adoptive parent; fostering period and kinship care; best interests of the child standard; parental consent where father unknown; probation and social welfare reports; international recognition/consular notification.
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18 July 2023 |
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Application for rehearing an ex parte trial dismissed for unexplained absence, delay and prejudice to respondents.
Civil procedure – application to rehear matter de novo after ex parte hearing – absence of counsel due to accident – locus visit (Order 18 r.14) – delay and prejudice – prior related judgment and probate cancellation – administration of justice without delay (Art.126(2)(b)).
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14 July 2023 |
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Court granted interim restraint on alienation of deceased’s estate and ruled Administrator General cannot take over absent letters.
Probate/Family law – Protection order to restrain alienation of estate pending appointment of administrators – interim preservation of estate assets. Administrator General – Section 30 interpreted; Administrator General cannot assume control absent prior grant of letters of administration to that office. Civil procedure – Service on a member of defendant’s household under Order 5 Rule 13 and avoidance of technicalities defeating substantive justice. Remedies – entitlement to apply for letters of administration jointly; local official to facilitate obtaining death certificate.
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13 July 2023 |
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13 July 2023 |
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Whether a Deputy Registrar may revisit and set aside her own abatement order after being functus officio.
Civil procedure – Registrar powers – abatement under Order XIA – functus officio doctrine – limits of section 99 (clerical errors) and inherent powers – service timelines – validity of 'correction' letters as court orders.
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7 July 2023 |
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High Court upheld Sharia Court divorce, finding Sharia Court competent, lis pendens inapplicable and appeal dismissed.
Family law – jurisdiction of Sharia/Quadhi Courts – Mohammedan Act s.18 and S.I.252-3 – competence of Sharia Courts to determine divorce matters. Appellate procedure – appeal as creature of statute – absence of specific statutory appeal route from Sharia Courts; substantive relief in High Court. Civil Procedure – lis pendens (s.6 CPA) – applicability where no concurrent hearings existed. Fair hearing – adequacy of procedure where judgment drafted by person not present at all hearings but record is clear. Matrimonial property – distribution under Mohammedan/Sharia law binding where parties submitted to that law.
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6 July 2023 |
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Applicant appointed guardian to secure loan using the child's land, the court finding it in the child's best interests.
Children law – Best interests principle – Guardianship for administration of minor's property – Minor lacks capacity to contract – Limited guardianship to secure loan – Parental responsibility and consent.
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3 July 2023 |
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Court allowed amendment to add necessary parties and particularize fraud, refusing to strike off the second plaintiff.
Civil procedure – Amendment of pleadings – Order 6 r.19 & Order 1 r.10 – Addition/striking off parties – Particularisation of fraud – Limitation defence (Limitation Act s.20) – Client bound by counsel’s acts but may correct counsel’s omissions early where no injustice results.
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3 July 2023 |