|
Citation
|
Judgment date
|
| January 2026 |
|
|
Court holds domestic jurisdiction prevails; fresh arbitration and foreign proceedings restrained as abuse of process.
Commercial law – arbitration clause – stay of proceedings – section 6(1) Arbitration Act – jurisdiction after Supreme Court of Appeal order – anti-suit injunction – forum shopping – competence of procedural application under CPR 2017.
|
29 January 2026 |
|
An arbitration clause expressly excluding the escrow agent prevents the applicant from obtaining a stay pending arbitration.
Arbitration — Stay of proceedings under s.6 Arbitration Act — Arbitration clause in escrow agreement — Clause expressly excluding escrow agent — Interpretation of exclusion clause — Readiness and willingness to arbitrate required as evidentiary burden.
|
27 January 2026 |
|
Stay refused because contract's "arbitration" clause only required negotiation, not binding arbitration.
Arbitration law – stay of proceedings – clause headed 'ARBITRATION' construed as negotiation clause – heading cannot override clear substantive wording – requirement of valid arbitration agreement under s.6(1).
|
6 January 2026 |
| December 2025 |
|
|
Whether a signed written K42,000,000 loan existed, was usurious under the Loans Recovery Act, and whether vehicle security must be returned.
Contract formation – existence and certainty of written loan agreement; Parol evidence rule – written document prevails; Loans Recovery Act – reopening transactions for excessive/usurious interest; Pleadings – duress/alternative claims must be specifically pleaded and proved; Security disputes – unproven vehicle security and counterclaim dismissed.
|
17 December 2025 |
|
Interim inhibition under s123 RLA set aside; applicant lacked arguable claim and property was not at risk.
Registered Land Act s123 – inhibition orders – discretionary preservatory relief – threshold: risk of disposition, refusal would render suit nugatory, and arguable/sustainable claim – set aside of interim inhibition where threshold not met.
|
12 December 2025 |
|
Court cured a defective application heading, held it retained jurisdiction to hear suspension of enforcement, and dismissed the claimant’s preliminary objection with costs.
Civil procedure – Mediation and mandatory attendance – Order 13 CPR 2017 – Default judgment for non-attendance – Restoration and suspension of enforcement under Order 28 r48 – Curable procedural defects (Order 2 r3(d)) – Functus officio rule – Preliminary objections permitted.
|
11 December 2025 |
|
Stay of execution denied where applicants failed to prove inability to repay and prosecution of the appeal was unduly delayed.
Stay of execution pending appeal – Order 28 r.48 CPR 2017 – applicant must show special circumstances – inability v unwillingness to pay – need for enforcement evidence (sheriff’s return) – corporate personality separates company and individual liabilities – judicial discretion and impact of undue delay.
|
10 December 2025 |
| September 2025 |
|
|
Claimants failed to prove a binding 2022–23 seed buy‑back contract; claim dismissed and costs awarded to the defendant.
Contract formation – offer and acceptance – certainty of terms – burden of proof in civil cases – written contract alleged but not produced – registration/inspection not equivalent to contractual buy-back obligation.
|
2 September 2025 |
| June 2025 |
|
|
A dispute arising from an insurance contract is a commercial matter and must be heard in the Commercial Division.
Commercial law — Jurisdiction — Definition of "commercial matter" — Insurance services within definition — Nature and business connection, not monetary value, determine commercial classification — High Court supervisory review and nullification of magistrate proceedings.
|
24 June 2025 |
| February 2025 |
|
|
Claim dismissed for want of prosecution after counsel failed to renew licence and timely inform the claimant.
Civil procedure – dismissal for want of prosecution; counsel's duty to maintain valid practising licence (LELPA s30); duty to inform client and arrange alternative representation (LELPA s31(5)); adjournment discretionary; costs for prejudice caused by counsel's conduct.
|
6 February 2025 |
| January 2025 |
|
|
|
27 January 2025 |
| November 2024 |
|
|
Whether a High Court may lift a stay after arbitration termination and grant leave to appeal with a stay pending appeal.
Arbitration law — lifting stay of proceedings after arbitration termination — leave to appeal against interlocutory Ruling — stay pending appeal; procedural compliance with leave-to-appeal rules; commercial efficacy and overriding objective.
|
26 November 2024 |
| July 2024 |
|
|
Court held statute (Insolvency Act) prevails over CPR; receiver appointment required notice, so enforcement suspended.
Appointment of receiver – Order 28 r.29 & r.30 CPR – s.78(1) Insolvency Act – conflict between statute and subsidiary rules – requirement of notice to company – service of statutory demand – procedural compliance with sworn statements – s.79 notification by receiver.
|
5 July 2024 |
| June 2024 |
|
|
A late application for security for costs was dismissed where claimant rebutted jurisdictional and asset concerns and delay made the order oppressive.
Security for costs – Order 32 CPR – residence and central management – assets and enforceability of costs – delay in bringing application – prospects of success – oppressive/stifling effect.
|
19 June 2024 |
| February 2024 |
|
|
Claimant awarded outstanding loan sums with interest; no cogent evidence of fraud; attachment of the family-home interest denied.
Commercial law — loan recovery; alleged fraud in creation of surety charge — requirement of cogent evidence for fraud; distinction between default and breach; attachment of beneficial interest in family home; exemplary damages not available for contract default; garnishee as alternative remedy.
|
24 February 2024 |
| January 2024 |
|
|
Court discharged the 1st accused under section 247 CP & EC after the State conceded it had no evidence and could not proceed.
Criminal law — discharge of accused under section 247 CP & EC where prosecutor unable or unwilling to proceed — inapplicability of section 270 at substantive High Court trial — discontinuance power of DPP under section 77/section 99 — protection against prosecution without credible evidence.
|
9 January 2024 |
| May 2023 |
|
|
Court set aside an irregular private-treaty sale of seized assets, ordered restitution and referrals for investigation.
Execution and Sheriff’s Act — validity of ex parte leave to sell by private treaty — statutory sale periods and public auction requirements — admissibility of untested affidavit evidence — collusion in execution process — relief: set aside sale, restitution, criminal and disciplinary referrals.
|
16 May 2023 |
| April 2023 |
|
|
Court dismissed a claim as frivolous, vacated injunction, struck out irregular sworn statement and awarded indemnity costs.
Civil procedure – strike out for frivolous and vexatious action; Registered Land Act – power of sale exercised in good faith; interlocutory injunction procured by suppression of material facts; sworn statements must state facts not legal argument; remedy for irregular sale is damages, not injunction.
|
20 April 2023 |
| March 2023 |
|
|
Claim against a non‑party assignee dismissed: acknowledgement letters did not create a binding guarantee, claim frivolous.
Contract law – privity of contract; assignment of proceeds – acknowledgement vs. guarantee; requirement of acceptance to bind third party; strike out for frivolous and vexatious claims.
|
23 March 2023 |
| October 2021 |
|
|
|
28 October 2021 |
| November 2020 |
|
|
A defendant seeking a stay must show real risk of serious prejudice; mere concurrent criminal proceedings do not justify a stay.
Civil procedure – stay of civil proceedings pending related criminal trial – applicant must show real risk of serious prejudice causing injustice; mere factual overlap insufficient; defendant not party to criminal proceedings cannot claim such prejudice; differing standards of proof between criminal and civil proceedings relevant.
|
30 November 2020 |
| January 2019 |
|
|
An ex parte amendment that prejudices the opposing party must be set aside; costs do not cure the prejudice.
Civil procedure — Amendment of pleadings after close of pleadings — Ex parte vs inter partes amendment — Prejudice and fairness — Costs not an adequate remedy — Setting aside ex parte order.
|
29 January 2019 |