Results.
7 judgments found.
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| August 2023 |
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Applications for interlocutory injunction and declaratory orders dismissed for procedural non-compliance and absence of a commenced proceeding.
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Civil procedure — Interlocutory injunctions — Order 10 r8: mandatory pre-proceeding requirements; Declaratory relief — Order 19 r27: requires existing proceeding; Service outside jurisdiction — Order 8 r30; Service by email — Order 8 r8; Legal capacity and locus standi to sue; Curability of defects in sworn statements.
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31 August 2023 |
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Magistrate erred by refusing jurisdiction without reasons; remedies for pre‑charge detention lie in habeas corpus/High Court, not necessarily bail.
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Administrative law; duty to give reasons for judicial/administrative decisions — Criminal procedure; jurisdiction of magistrate courts vs High Court divisions — Habeas corpus and remedies for pre‑charge detention — Bail applications where no charge has been laid.
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24 August 2023 |
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Applicants failed to show an arguable constitutional challenge to ACB prosecutions absent DPP consent; leave for judicial review denied.
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Constitutional law — prosecutorial powers — Corrupt Practices (Amendment) Act 2022 — repeal of consent requirement — Director of Public Prosecutions’ supervisory powers (s99 Constitution; ss76,79 CP&EC) — judicial review leave requirements (standing, timeliness, alternative remedy, arguable case) — challenge to statute should name Attorney General.
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24 August 2023 |
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Whether reporting missing funds amounted to false imprisonment or malicious prosecution of the applicant.
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Tort — False imprisonment: liability where defendant laid a charge versus mere reporting to police; Malicious prosecution: elements — initiation, lack of reasonable/probable cause, malice, favourable termination; Defamation: need to prove specific defamatory words and publication; Legal costs reimbursement requires documentary evidence; Costs award — partial costs granted to successful head of claim.
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9 August 2023 |
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A concluded private-treaty mortgage sale cannot be re-opened; aggrieved chargor's remedy is damages, not injunction.
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Registered Land Act — power of sale — private treaty sales permitted; reserve price applies to auctions only — remedy for completed sale is damages, not re-opening; interlocutory injunction void where material facts (completed sale) were not disclosed in a without-notice application; Loans Recovery Act inapplicable to statutory power of sale.
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8 August 2023 |
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No proven waiver of interest; assessment deferred pending judicial determination of the cut-off date for interest calculation.
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Commercial disputes — interest on judgment debt — allegation of waiver of interest: burden of proof on alleging party; dispute over cut-off date for interest computation—issue referred to Judge under Order 25 r.2 CPR 2017; assessment of quantum deferred.
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1 August 2023 |
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Accused must prima facie show bail conditions are unreasonable; burden then shifts to prosecution to justify them.
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Bail — Variation of conditions — Burden of proof in variation applications — Accused must make prima facie case; prosecution must justify conditions — s.42(2)(e) Constitution (release from detention) bifurcated — s.44(1) limitation test — Appropriate, less restrictive measures for high office holders (reporting, passport custody).
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1 August 2023 |