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Citation
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Judgment date
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| December 2014 |
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2 December 2014 |
| November 2014 |
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28 November 2014 |
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28 November 2014 |
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Whether execution should be stayed to protect an intestate estate and preserve assets pending appeal and administration.
Civil procedure – stay of execution under Rules 6(2)(b) & 2(2) – requirements: notice of appeal, likelihood of success, irreparable harm, balance of convenience; Succession law – application of Succession Act and Registration of Titles Act to property of a deceased registered proprietor; administrators pendente lite – scope and propriety; equity – unclean hands and interim enforcement of preservation orders.
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26 November 2014 |
| October 2014 |
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Criminal law
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24 October 2014 |
| August 2014 |
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Supreme Court lacks jurisdiction to hear appeals from a single Court of Appeal Justice; refer matter to a three-judge bench.
* Civil procedure – Appeals – Jurisdiction – Appeal from a single Justice of the Court of Appeal – Section 12(2) Judicature Act – referral to bench of three Justices.
* Interim relief – stay of execution/injunction – single Justice may grant urgent interim orders under inherent powers but such orders are not directly appealable to the Supreme Court.
* Rule of procedure – Supreme Court’s inherent powers cannot override statutory appeal routes.
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21 August 2014 |
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21 August 2014 |
| July 2014 |
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Applicant cannot force respondents to accept funds held by former advocates as part-payment of the decretal sum.
Supreme Court – inherent powers – execution of decree – payments to former advocates under an invalid compromise – finality of judgment and res judicata – recovery from non-parties – representative action.
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10 July 2014 |
Civil Remedies|Injunctions and interdicts|Temporary Injunction
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10 July 2014 |
Civil Procedure|Actions and applications
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3 July 2014 |
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3 July 2014 |
Civil Procedure|Actions and applications|Evidence Law
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3 July 2014 |
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3 July 2014 |
| June 2014 |
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Closure of a workshop promoting prohibited homosexual acts was a permissible public-interest limitation; minister sued only via Attorney General.
Constitutional law – limitation of rights under Article 43 (public interest/morality); freedom of expression, assembly, association, political participation and equality; Penal Code s.145 and offences of incitement and conspiracy; promotion of prohibited homosexual acts; ministerial acts vicariously enforceable through the Attorney General; incompetence of personal suit against Minister for official acts.
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24 June 2014 |
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20 June 2014 |
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12 June 2014 |
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Appeal succeeds on soliciting charge (quashed) but convictions for accepting gratification and abuse of office are upheld.
* Criminal law – Anti‑corruption Act – corrupt solicitation, corrupt acceptance of gratification and abuse of office – elements and proof required. * Variance between charge particulars and evidence – material variance may vitiate prosecution and require acquittal. * Abuse of office – opening police file and threats to coerce payments as abuse and common intention. * Appellate review – re‑evaluation of evidence on first appeal; appellate court may substitute its own findings of fact.
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5 June 2014 |
| May 2014 |
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15 May 2014 |
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Application to recall Supreme Court judgment to exclude third‑party land in execution denied for delay and improper procedure.
* Civil procedure – Recall and variation of Supreme Court judgment – Limits of rule 2(2) and rule 35; slip rule not a vehicle to re‑decide final issues.
* Execution – Alleged wrongful inclusion of third‑party land – proper remedy is objector proceedings (Order 22 r.50) or fresh suit, not recall of appellate judgment.
* Delay – Inordinate and unexplained delay defeats applications under rule 35 despite the phrase "at any time."
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15 May 2014 |
| March 2014 |
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The Court allowed admission of the full IGG report as elucidatory evidence, exercising inherent powers due to exceptional circumstances.
Civil procedure – admission of additional evidence on appeal; inherent powers of the Court under Rule 2(2) and Section 98 to do justice; distinction between additional evidence and evidence to elucidate material already on record; allegations of fraud/forgery and public interest as exceptional circumstances justifying admission; receivership and capacity to sue left for determination in main appeal.
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25 March 2014 |
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Article 83(1)(g)(h) causes loss of seat for party-switching, not automatic nullification of later nominations.
Constitution — Article 83(1)(g)(h): change of party allegiance — sanction is loss of seat, not automatic nullification of future nominations; Constitutional interpretation — generous/purposive approach; Vacancy determination — Article 86 and Parliamentary Elections Act procedures; Nomination validity — governed by Parliamentary Elections Act (s.13).
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25 March 2014 |
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25 March 2014 |
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The court ruled no genuine property sale occurred, maintaining plaintiffs' ownership rights.
Property Law – Alleged sale of property – Non-existence of genuine sale – Power of attorney – Tenant management.
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25 March 2014 |
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Court set aside Court of Appeal ruling where a judge who did not hear the appeal participated in and signed the decision, breaching fair hearing.
Appellate procedure — reserved judgments — requirement that judges who heard the hearing must sign/write the reasons — Rule 33(10); Appellate procedure — new grounds of illegality not pleaded — Rule 102(c) — right to be heard; Fair hearing — Article 28(1) — participation of a judge who did not hear the case violates natural justice; Arbitration — jurisdiction and competence issues (not decided on remittal).
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25 March 2014 |
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25 March 2014 |
