Results.
4 judgments found.
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| November 2019 |
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Proceedings struck out because they were commenced under superseded rules and instituted by an unlicensed practitioner.
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Civil procedure — Rules of Court: RSC superseded by CPR 2017 — Proceedings instituted under former rules invalid; Right of audience — Legal practitioner must hold current practising licence — Processes instituted by unlicensed practitioner are nullities; Relief — striking out and costs.
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21 November 2019 |
| June 2019 |
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A section 114 election petition is incompetent absent a prior Commission decision on the alleged irregularity.
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Electoral law; s.114 Parliamentary and Presidential Elections Act — appeal lies only from a Commission decision confirming/rejecting irregularity; complaints under s.113 required first; judicial review distinct remedy; grounds for voiding election limited to s.114(3).
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12 June 2019 |
| May 2019 |
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Prisoner passenger owed duty of care, but insufficient proof of driver negligence and causation; claim dismissed.
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Tort — negligence — duty of care of prison authorities to prisoner-passenger; authorization to be carried; evidential burden on breach and causation; statutory breaches (carrying passengers in goods vehicle; insurance; certificate of fitness) noted but not shown to establish negligence; failure to tender medical evidence defeats causation.
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23 May 2019 |
| January 2019 |
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Unpaid city rates exceeding K2,000,000 constitute a commercial matter and must be heard in the Commercial Division.
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Civil procedure — High Court Divisions — Commercial Division jurisdiction; definition of "commercial matter"; monetary threshold set at K2,000,000; transfer under s.6A(2) of the Courts Act; city rates not a "revenue matter" under Courts Act.
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23 January 2019 |