|
Citation
|
Judgment date
|
| December 2016 |
|
|
Court granted an inhibition under s.123 to preserve land pending suit over disputed subdivision and equal shares.
Registered Land Act s.123 - inhibition order to preserve status quo; disputed demarcation and equitable division of jointly registered land; condition requiring institution of substantive proceedings within specified time
|
29 December 2016 |
|
Pre-trial detention beyond statutory limits justified granting bail to a homicide suspect, subject to strict conditions.
Constitutional right to bail – not absolute – subject to interests of justice; pre-trial detention beyond statutory limits; homicide suspects; bail guidelines; public order considerations; bail conditions (bond, sureties, reporting, travel restrictions, non-tampering).
|
22 December 2016 |
|
Retailer’s claims for negligence, contractual loss of profits and defamation failed where duty ran to consumers, defects were limited to one bottle, and harms were too remote.
Product liability/Negligence – duty of care to ultimate consumer, not intermediary retailer; Sale of Goods – implied merchantable quality confined to proven defective unit; Remoteness – Hadley v Baxendale on loss of profits; Defamation – requirement of publication by defendant; Pleadings – claims must be pleaded (no reliance on unpleaded Consumer Protection Act)
|
15 December 2016 |
|
negligent overtaking caused collision; driver, owner and insurer held liable; quantum to be assessed.
Motor vehicle negligence — overtaking and excessive speed — driving on wrong side — duty of care breached — vicarious liability of owner — insurer liability under Section 148 Road Traffic Act — quantum to be assessed by Registrar
|
14 December 2016 |
|
Court permitted the applicant to settle the judgment debt by a twelve‑month instalment plan after finding disclosure adequate.
Civil procedure – payment of judgment debt by instalments; full and frank disclosure of debtor’s means; balancing creditor’s right to immediate execution versus debtor’s inability; sufficiency and challengeability of debtors’ summary and supporting evidence
|
13 December 2016 |
|
Close-range, well-lit visual identification upheld; alibis rejected and 10-year robbery sentence affirmed.
Criminal law – Identification evidence – Turnbull warnings – Identification parade – Corroboration of visual identification – Alibi – Sentence for armed, group robbery
|
13 December 2016 |
|
Stay granted pending appeal because the magistrate's alleged lack of jurisdiction amounted to a special circumstance.
Civil procedure — Stay of execution pending appeal — Jurisdictional defect as a 'special circumstance' — Magistrates' court determining matrimonial property — Balance of convenience and third‑party/mortgagee interests
|
12 December 2016 |
|
Whether a bank validly exercised its power of sale and whether interim injunction and inhibition should be maintained pending trial.
Registered Land Act — exercise of power of sale — good faith and compliance with statutory requirements; interlocutory injunction and inhibition — adequacy of damages; pre-transfer remedies; balance of convenience; alleged contempt for breaching interim orders.
|
12 December 2016 |
|
Interlocutory injunction continued to preserve status quo in a customary land dispute where damages are inadequate.
Land law - interlocutory injunction; serious issue to be tried; inadequacy of damages for land; balance of convenience; preservation of status quo in customary land disputes
|
12 December 2016 |
|
Court varied an ex parte injunction instead of setting it aside and ordered the respondent to pay costs.
Civil procedure — Ex parte injunction — Setting aside or varying orders — Order 28 r.4(1) discretionary power to vary perfected orders; service and delay; prejudice; merits defence; costs
|
12 December 2016 |
|
Missing record, prolonged detention, and strong mitigation warranted immediate release on re‑sentencing after mandatory death sentence abolition.
Criminal law — Mandatory death sentences declared unconstitutional — entitlement to re‑sentence hearing — missing trial record and denied appeal — effective remedy of immediate release — mitigating factors (self‑defence, first offender, long remand, prison conditions) — delay in re‑sentencing
|
12 December 2016 |
|
High Court set aside an irregular ex parte custody order and an excessive committal, emphasizing the child's best interests under the Child Care Act.
Supervisory jurisdiction (s26
Courts Act) – custody of child must be determined under Child Care, Protection and Justice Act (s8) – best interests principle paramount – ex parte interlocutory orders irregular where statutory factors and hearing of parties are not considered – committal for contempt must be proportionate; fines as alternative
|
8 December 2016 |
|
Unsafe overtaking causing collision found negligent; insurer held vicariously liable and damages to be assessed by Registrar.
Negligence – Road traffic – Unsafe overtaking – Breach of duty of care – Non-compliance with Road Traffic Act ss.98(2)(c) and 99(2) – Insurer vicarious liability – Damages to be assessed by Registrar
|
1 December 2016 |
| November 2016 |
|
|
A commercial dispute must ordinarily be instituted in the Commercial Division unless compelling reasons justify retention; transfer ordered.
Civil procedure – appropriate forum for commercial disputes – specialized Commercial Division – requirement to advance compelling reasons to retain commercial matters in general registry – transfer rather than dismissal where no compelling reasons shown.
|
30 November 2016 |
|
Court continued interlocutory injunction preventing sale of charged land, holding damages inadequate and issues triable.
Civil procedure — interlocutory injunction — preservation of status quo — serious issue to be tried; Registered Lands Act — pre-transfer obligations (notice, advertisement, reserve price) — s.71(3) not applicable pre-transfer; damages inadequate for loss of specific land; balance of convenience favours injunction
|
29 November 2016 |
|
A Senior Chief may remove a Village Headman for misconduct after a fair hearing; disputed succession must be proven by customary-law evidence.
Chieftaincy law – Powers of Senior Chief to appoint and remove Village Headmen; procedural fairness in customary administration; removal for misconduct and loss of confidence; proof of customary succession (matrilineal vs patrilineal)
|
28 November 2016 |
|
A challenge to prosecutorial decisions must be brought by judicial review under Order 53, not by originating summons.
Public law – Judicial review (Order 53 RSC) – Abuse of process – Originating summons inappropriate – O'Reilly v Mackman – Challenge to prosecutorial decision – Stay of prosecution – Costs
|
25 November 2016 |
|
Court granted bail to applicants charged with homicide, imposing sureties, reporting and movement conditions.
Criminal law — Bail — Homicide charge — Release pending trial — Conditions: surrender travel documents, periodic police reporting, sureties, movement restriction, attendance at trial
|
24 November 2016 |
|
Applicant charged with homicide granted bail pending trial subject to sureties, cash bond and reporting conditions.
Criminal law – Bail application – Homicide charge – State unopposed – Bail granted subject to sureties, cash bond, surrender of travel documents and reporting requirement
|
24 November 2016 |
|
Appeal allowed and re-trial ordered where magistrate’s property division and maintenance orders lacked evidentiary basis and desertion was inadequately considered.
Family law – divorce by cohabitation – adequacy of evidence for findings of fault (desertion); matrimonial property distribution – requirement for inventory and valuations before division; child maintenance – need to inquire into payer's means and provide reasoned basis for variation; interim housing relief pending retrial
|
18 November 2016 |
|
Whether the respondent was liable for fire damage caused by a loose service connection and inadequate insulation.
Electricity supply – Negligence and duty of care – Service line/D-iron connection – Insulation and routine inspection – Causation established by eyewitness, fire officer and electrical expert – Liability for fire damage; Electricity (Wiring) Regulation 15(1)(a).
|
16 November 2016 |
|
The defendant utility was held liable for fire damage due to negligent connection and failure to ensure a safe service line.
Negligence – electricity supply – duty to ensure safe connection at service line/D‑iron – consumer installation responsibilities – Electricity (Wiring) Regulations – expert evidence on origin of fire (downward burnout) – causation of property loss.
|
16 November 2016 |
|
Summary judgment dismissed where defendant raised fairly arguable factual and legal issues, including occupier's liability and statutory duty.
Summary judgment (Order 14) — requirements and purpose; negligence and statutory duty under Road Traffic Regulations; occupier's liability and correct defendant; disputed facts (distance of pit) — issues for trial
|
16 November 2016 |
|
Bail pending appeal granted where lower court failed to explain statutory defence about complainant's age to the unrepresented applicant.
Criminal procedure — Bail pending appeal — Tests: likelihood of success and risk sentence served — Statutory defence (reasonable belief as to age) — Duty to inform unrepresented accused — Fair trial
|
16 November 2016 |
|
Whether murder suspects should be granted bail given an implicating confession and alleged flight risk.
Criminal law – Bail applications – Murder charge – Prima facie right to bail unless interests of justice require otherwise – Admissibility of confession by co-accused (s.176(2) CPE Code) – Flight risk and conditions of release
|
15 November 2016 |
|
Interlocutory injunction refused in a chieftaincy succession dispute; court preserves status quo and orders plaintiff to pay costs.
Chieftaincy succession — interlocutory injunction — American Cyanamid principles — serious question to be tried — preservation of status quo; balance of convenience — claimant ordered to pay costs
|
11 November 2016 |
|
|
11 November 2016 |
|
Dispute over a bank overdraft secured by land is a "commercial matter" and must be transferred to the Commercial Division.
Commercial Division — Transfer of proceedings — Definition of "commercial matter" under Courts (Amendment) Act 2016 — Banker–customer dispute and secured overdraft constitute a commercial matter — Registrar's power to transfer matters — Order to transfer within 14 days.
|
3 November 2016 |
|
Applicant ordered released after two years where lower court record missing and sentence remained unconfirmed by the High Court.
Criminal procedure — Confirmation of subordinate court sentence — Missing record — Warrant of commitment — Release after two years unless High Court confirmation — Prison Act s107 remission
|
3 November 2016 |
|
|
3 November 2016 |
|
Applicants unconditionally released pending trial where court found no tangible basis for their arrest and State raised no objection.
Criminal procedure — Bail pending trial — Arrest lacking tangible basis — Court may order unconditional release where State does not object
|
3 November 2016 |
|
|
3 November 2016 |
|
Plaintiff's defamation claim dismissed for failing to prove the published photograph did not depict the alleged third party.
Defamation – identification by photograph – burden on plaintiff to prove published image depicts plaintiff rather than another person; publication of court proceedings; qualified privilege defence raised; failure to adduce comparative evidence results in dismissal.
|
1 November 2016 |
|
Keeper of a dangerous wild animal held liable for injury outside park; statutory indemnity did not apply.
Tort — Negligence — Keeper of dangerous wild animal — Duty to prevent escape — Statutory indemnity (National Parks and Wildlife Act s121(5)) inapplicable where injured person was outside protected area — Damages and costs awarded.
|
1 November 2016 |
| October 2016 |
|
|
Ex parte injunction discharged where plaintiff failed to disclose material contractual non-compliance and balance of convenience favoured defendants.
Arbitration Act s13(6) — Court power to grant interim injunctions in relation to arbitration; Ex parte applications — duty of full and frank disclosure of material facts; Contractual termination clauses — requirement to give written notice and opportunity to remedy; Balance of convenience and adequacy of damages; Effect of non-payment of arbitrator’s fees on arbitration proceedings
|
31 October 2016 |
|
|
28 October 2016 |
|
Counsel may swear bail affidavits but must verify assertions; false affidavits risk discipline and may defeat bail.
Criminal procedure — Bail applications — Admissibility of affidavits sworn by counsel; affidavits on information and belief; duty to verify; Bail (Guidelines) Act 2000; disciplinary remedies for false affidavits.
|
26 October 2016 |
|
Counsel may swear affidavits in bail applications but must verify and state grounds; bail granted with conditions.
Criminal procedure — Bail applications — Admissibility of affidavits sworn by counsel; affidavits on information and belief; duty to state grounds and verify; Bail (Guidelines) Act powers; sanctions for false affidavits; grant of bail where State unopposed.
|
26 October 2016 |
|
Habeas corpus granted where required High Court confirmation was not communicated; imprisonment declared unlawful and immediate release ordered.
Habeas corpus – unlawful/improper detention – statutory requirement for High Court confirmation of magistrates' sentences (Criminal Procedure & Evidence Code s15(5)) – Statute Law (Miscellaneous Provisions) Act s16(6)(a)(ii) – prison officer duty to release – destroyed court record not a defence – procedural technicality as non‑fatal
|
24 October 2016 |
|
Detention beyond one year without High Court confirmation is unlawful; prison must release inmate immediately.
Habeas corpus – unlawful detention – failure to release after one year where High Court confirmation not received – duty of prison authorities to release – loss of lower court record does not justify continued custody; Statute Law (Miscellaneous Provisions) Act s.16(6)(a)(ii); Criminal Procedure and Evidence Code s.15(5)
|
24 October 2016 |
|
Bail was refused where a live witness positively identified the applicants and seriousness and flight risk outweighed release.
Criminal law – Bail – Homicide allegation – Identification evidence by injured witness – Seriousness of offence and risk of absconding – State’s evidence vs. applicants’ assertions
|
21 October 2016 |
|
|
21 October 2016 |
|
|
21 October 2016 |
|
|
18 October 2016 |
|
Plaintiffs failed to prove the employer caused their arrests; police acted on independent investigations, claims dismissed.
Tort — False imprisonment: liability only where employer lays a charge or orders arrest; merely reporting a crime to police does not make employer liable. Malicious prosecution and defamation claims fail where no causal role by employer in police arrest. Civil standard of proof and witness credibility determinative
|
14 October 2016 |
|
Appeal dismissed; conversion claim must be sued afresh and magistrate courts lack general jurisdiction over marriages by repute.
Civil appeal — rehearing powers under section 22 Courts Act; new claims not entertained on appeal; jurisdiction of subordinate courts over marriages by repute; requirement of evidence of customary-law recognition before applying customary law; Marriage, Divorce and Family Relations Act — section 13; Courts Act — section 39(2)
|
14 October 2016 |
|
|
14 October 2016 |
|
Accused convicted of manslaughter for using excessive force in defence; sentenced to 18 years imprisonment.
Criminal law – Manslaughter; Excessive force in self-defence; Defence of another/property; Section 17 Penal Code; Sentencing — aggravation (vengeful conduct) and mitigation
|
12 October 2016 |
|
Correspondence made outside mediation may be admissible; a clear settlement offer accepted constitutes admission under Order 27 r.3 RSC.
Civil procedure – settlement negotiations – admissibility of correspondence outside mediation sessions; mediation privilege; 'without prejudice' communications; Order 27 r.3 RSC – judgment on admissions
|
7 October 2016 |
|
|
7 October 2016 |