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Citation
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Judgment date
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| September 2023 |
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Violent, wilful disobedience of court orders warranted reinstated committal, fine, and police-enforced demolition.
Contempt of court – wilful disobedience of injunctions – violent public obstruction – reinstatement of suspended committal and fine – police-assisted enforcement and demolition – payment of costs
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29 September 2023 |
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Bank validly charged and sold mortgaged property; penalty/default interest unlawful and to be assessed and refunded.
Registered Land Act s60(2), s71 – statutory demand and mortgagee’s duty when exercising power of sale; Validity of charge despite typographical title error; Loans Recovery Act s3 – challenge to excessive interest; Contractual penalty/default interest held unlawful where compound interest sufficed; Bona fide purchaser and absence of fiduciary disqualification; Accounting disputes over loan debits and advance fees.
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27 September 2023 |
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Court pierced corporate veil and dismissed interpleader, authorizing sale to satisfy the execution debt.
Enforcement of judgment – seizure and sale – interpleader application – piercing the corporate veil where company interposed to evade liabilities – abuse of process – Prest v Petrodel.
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22 September 2023 |
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Court upheld conviction on an unequivocal guilty plea and affirmed a 14-year sentence for defilement despite appellant's challenge.
Criminal law – Defilement – Plea of guilty – Section 251 CPE – Requirement that accused understands nature and consequences – Interpretation of plea – Appeals confined to record – Sentencing: 14-year starting point for defilement, mitigation vs aggravation.
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20 September 2023 |
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Claimant failed to prove Defendant owned the land sought for enforcement; alleged forged sale document referred for police investigation.
Enforcement of consent judgment – application for possession/charging order – burden of proof on claimant to show ownership – conflicting sale agreements and contested signatures – alleged forged document – referral to police for investigation – costs: each party bears own costs.
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15 September 2023 |
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Claimant failed to prove the defendant owned the land; competing forged documents prompted police referral.
Enforcement of judgment – possession of land – burden of proof on applicant – competing sale agreements – alleged forgery and perverting the course of justice – referral for criminal investigation – costs: each party to bear own costs.
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15 September 2023 |
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Default judgment set aside because summons was not personally served and substituted service was not authorised.
Civil procedure – set-aside of default judgment – requirement of personal service of summons – substituted service permissible only by court order – failure to show valid service justifies setting aside default judgment.
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4 September 2023 |
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The High Court dismissed the applicant’s customary-land claim as prematurely filed because statutory land tribunals, not the High Court, are the proper forum.
Customary land — Part VII Customary Land Act 2016 — jurisdictional forum for customary land disputes — requirement to establish customary land tribunals by legal instrument — effect of executive delay on access to justice — High Court restraint from usurping statutory forum.
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1 September 2023 |