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Citation
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Judgment date
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| December 2025 |
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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.
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17 December 2025 |
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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.
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12 December 2025 |
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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.
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11 December 2025 |
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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.
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10 December 2025 |
| September 2025 |
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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.
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2 September 2025 |
| June 2025 |
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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.
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24 June 2025 |
| April 2025 |
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28 April 2025 |
| February 2025 |
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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.
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6 February 2025 |
| January 2025 |
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27 January 2025 |