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Citation
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Judgment date
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| July 2024 |
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Claims of negligence and defamation against auditors over a confidential forensic report dismissed; no duty owed to the claimant.
Auditor liability – duty of care limited to commissioning client; negligent misstatement – proximity and foreseeability; defamation – necessity of adoption and publication; confidentiality and court-ordered disclosure; compliance with ISRS 4400.
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31 July 2024 |
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Applicants detained beyond the 90-day pretrial limit for murder; court found detention unlawful and ordered conditional release on bail.
Constitutional right to challenge detention (s42) – pre-trial custody limit for murder (s161G CP & EC) – power to grant bail after expiry of custody time limit (s161I CP & EC) – unlawful detention – release on bail with conditions.
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29 July 2024 |
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Removal of a village headman without being heard breached natural justice and was quashed.
Administrative law – Judicial review – Procedural fairness and natural justice; section 43 Constitution (administrative justice); Chiefs Act s.9 – appointment/removal of village headmen; interpretation of administrative circular; Wednesbury unreasonableness; remedy – certiorari and costs.
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26 July 2024 |
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Consent judgment ordering defendants to pay claimant, third party to refund failed forward-exchange proceeds, and State to ensure funding.
Civil procedure – Consent judgment – Settlement enforcement; Commercial/contract law – refund for total failure of consideration under modified forward exchange contract; Escrow/escrow-account directions – joint control, restricted release and priority of disbursement; State involvement – direction to ensure funding to satisfy judgment.
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22 July 2024 |
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Default judgment for terminal benefits is not taxable; collection costs payable but without interest, Registrar to assess.
Taxation of judgment debts – terminal/post-employment benefits – characterization of monthly payments as net versus gross – prohibition on double taxation – collection costs payable but no interest – Registrar to assess collection costs.
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22 July 2024 |
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Failure to inform an unrepresented accused of statutory defences in defilement proceedings vitiates the conviction and mandates retrial.
Criminal procedure — Plea of guilty — s251(2) CP&EC — requirement to ascertain accused understands nature and consequences of plea; Criminal law — Defilement — s138 Penal Code — statutory defences (age-difference/consent) — duty of trial court to explain defences to unrepresented accused; Fair trial — omission to inform of defences vitiates conviction — conviction reversed and retrial ordered.
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21 July 2024 |
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Failure to comply with scheduling conference directions justified striking out the 1st defendant’s defence and dismissing its counterclaim.
Civil procedure – scheduling conference directions – mandatory compliance with Order 14 – effect of non-compliance (Order 14 r.5) – striking out defence and dismissal of counterclaim as sanction – section 47 General Interpretation Act inapplicable to court directions – good cause required to avoid sanctions.
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17 July 2024 |
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The claimant cannot sue defendants to set aside a consent judgment for alleged former-counsel misconduct; action dismissed with prejudice.
Civil procedure – Consent orders – Setting aside consent judgment – Grounds required: mistake/fraud or material/supervening change – Pleading particularity – Misconduct by former counsel is remedy against counsel, not basis against opposing parties – Frivolous/vexatious actions and abuse of process – Dismissal with prejudice and costs.
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17 July 2024 |
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Attempt to set aside a consent judgment dismissed as frivolous; claimant should sue former lawyers or enforce the order.
Civil procedure — setting aside consent orders — requirement to plead mistake, misrepresentation or material supervening change — abuse of process — remedy against former lawyers or by enforcing consent judgment.
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17 July 2024 |
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Action to set aside a consent order dismissed as disclosing no reasonable cause and an abuse of court process.
Civil procedure – setting aside consent orders – necessity to plead and particularise mistake, misrepresentation or material supervening event; remedies against former lawyers versus setting aside consent judgment; dismissal for frivolous, vexatious or abusive proceedings.
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17 July 2024 |
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Claimant failed to prove ownership or arbitrary appropriation; land was likely acquired via community consent and compensated, claim dismissed with costs.
Property law – proof of ownership and representative capacity – arbitrary appropriation of land – customary land acquisition procedures and compensation – evidential burden and failure to call material witness.
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17 July 2024 |
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Driver negligent; claimant partly contributorily negligent; liability apportioned 60% defendants, 40% claimant; insurer limited by policy.
Road traffic negligence — duty of care and lookout — narrow road and large vehicle — contributory negligence — apportionment 60/40 — vicarious liability of owner — insurer liability subject to policy limit (includes party-and-party costs).
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15 July 2024 |