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Citation
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Judgment date
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| May 2023 |
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A single bill must be used where counsel represents multiple parties; excessive instruction fees, certain drawings, disbursements and VAT awards were set aside.
Civil procedure — Taxation of costs — Paragraph 17, Third Schedule (same advocate for multiple parties) — single bill requirement and taxing officer's duty to assess necessity of separate proceedings; Taxation — principles for instruction fees — amount ‘involved in the appeal’ defined by issues actually before the appellate court; Disbursements and VAT — receipts and VAT registration certificate required before allowance.
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5 May 2023 |
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Bail pending appeal is premature where the appeal has been heard and judgment is imminent, absent proven exceptional circumstances.
Bail pending appeal – availability and criteria; meaning of "determination" as judgment; prematurity of bail applications where appeal already heard and judgment imminent; exceptional circumstances under Trial on Indictment Act (serious illness, advanced age) require factual proof; speculative delay insufficient.
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5 May 2023 |
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Application for bail was premature where the appeal had been heard and only judgment remained; exceptional circumstances not established.
Criminal procedure – bail pending appeal – applicability where appeal already heard and awaiting judgment; exceptional circumstances for bail in indictable offences (Trial on Indictment Act s.15) – grave illness and advanced age – requirement of non‑speculative delay to justify release.
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5 May 2023 |
| April 2023 |
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26 April 2023 |
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14 April 2023 |
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14 April 2023 |
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6 April 2023 |
| March 2023 |
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Court granted interim stay of execution pending Supreme Court application, finding exceptional circumstances and requisite conditions satisfied.
* Civil procedure – Interim relief – Stay of execution – Conditions for interim stay: competent notice of appeal, substantive application pending, serious threat of execution. * Jurisdiction – Rule 41(1)/(2) – Court of Appeal preferred forum but Supreme Court may hear stay applications in exceptional circumstances under Rule 2(2). * Execution proceedings – preservation of status quo pending appeal. * Security for costs – non‑compliance disputed but not dispositive for interim relief in this ruling.
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23 March 2023 |
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14 March 2023 |
| February 2023 |
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27 February 2023 |
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20 February 2023 |
| January 2023 |
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25 January 2023 |
| December 2022 |
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12 December 2022 |
| November 2022 |
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14 November 2022 |
| August 2022 |
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16 August 2022 |
| July 2022 |
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28 July 2022 |
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28 July 2022 |
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Applicant's unexplained delay and lack of arguable appeal justified dismissal of the extension of time application.
Extension of time; Rule 5 Supreme Court Rules; section 96 Civil Procedure Act; sufficient cause; inordinate delay; duties of unrepresented litigants; requirement of arguable appeal; prospects of success.
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28 July 2022 |
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22 July 2022 |
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1 July 2022 |
| June 2022 |
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22 June 2022 |
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16 June 2022 |
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6 June 2022 |
| May 2022 |
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24 May 2022 |
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24 May 2022 |
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19 May 2022 |
| March 2022 |
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Court upheld security-for-costs power (reduced sum), rejected supplementary record, and held dismissal for non-payment premature.
* Civil procedure – Security for costs – Court’s discretion to order security where taxed costs remain unpaid – assessment of excessiveness of amount ordered.
* Civil procedure – Supplementary record – Filing without leave – objection sustained and record excluded.
* Civil procedure – Timelines – Reasonableness of time given to deposit security for costs (45 days) upheld.
* Civil procedure – Consequences of non-payment – Dismissal for non-deposit should follow proper procedure after timeline expiry and application.
* Appellate review – Requirement to consider parties’ submissions and limits of deciding prospects of success without full canvass.
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24 March 2022 |
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22 March 2022 |
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18 March 2022 |
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17 March 2022 |
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17 March 2022 |
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17 March 2022 |
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17 March 2022 |
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Supreme Court dismissed interim stay application as abusive while a similar stay application remained pending in the Court of Appeal.
* Civil procedure – Notice of Appeal – lodging occurs when Registrar dates and signs the notice; service period runs from lodging date (rule 74(1)).
* Civil procedure – Stay of execution – rule 41(1) requires applications that may be made to either court to be made first to the Court of Appeal.
* Civil procedure – Abuse of process – Supreme Court will not entertain stay applications while similar applications are pending before the Court of Appeal.
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9 March 2022 |
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4 March 2022 |
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1 March 2022 |
| February 2022 |
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17 February 2022 |
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14 February 2022 |
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Written application to Registrar within seven days satisfies Rule 106(5); service technicalities do not bar the taxation references.
Taxation reference — Rule 106(5) (Supreme Court Rules) — application to Registrar may be oral at taxation or in writing within seven days — Rule 18 — service on advocate’s office or clerk effective — procedural technicalities curable under Article 126(2)(e) Constitution.
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14 February 2022 |
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14 February 2022 |
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11 February 2022 |
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9 February 2022 |
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8 February 2022 |
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2 February 2022 |
| January 2022 |
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28 January 2022 |
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28 January 2022 |
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27 January 2022 |
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27 January 2022 |
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20 January 2022 |
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14 January 2022 |
