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Citation
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Judgment date
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| December 2000 |
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Interlocutory injunction refused where plaintiff lacked possession, had no good arguable claim, and sought the injunction as sole substantive relief.
Interlocutory injunctions — American Cyanamid principles — possession requirement for nuisance/trespass — interim relief should not grant final remedy — joinder of party in possession.
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1 December 2000 |
| November 2000 |
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Employer vicariously liable for bus driver's negligence; plaintiff awarded K100,000 reduced for 20% contributory negligence.
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13 November 2000 |
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Injunction refused: bank's demand notices and statutory sale powers complied with the Registered Land Act; damages and Registrar powers are adequate remedies.
Registered Land Act — sections 60(2), 68 and 71 — validity of demand notices and default; effect of indulgence on notice; mode of sale (auction v private contract); Registrar approval and consequences of irregularity; injunction vs damages.
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10 November 2000 |
| October 2000 |
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The applicant's interlocutory injunction to restrain sale dismissed for failure to show irreparable harm and due to loan defaults.
Interlocutory injunction — Registered Land Act — notice period — reserve price and Lands Registrar approval — variation by charge/loan agreement — irreparable harm — balance of convenience — clean hands — loan default — right of chargee to realize security
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23 October 2000 |
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Default judgment set aside where defendant’s affidavit established a prima facie meritorious defence and counterclaim.
Civil procedure — Setting aside default judgment (Order 13 Rule 9(2)) — Requirement to show a meritorious defence on affidavit — Plaintiff’s opposing affidavit on merits disregarded — Alleged counterclaim for breach of contract (under‑supply, unpaid rebates, removal of pumps).
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4 October 2000 |
| September 2000 |
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12 September 2000 |
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5 September 2000 |
| August 2000 |
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28 August 2000 |
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Interlocutory mandatory injunction refused where contract terms and facts are disputed and damages are adequate.
Contract for sale of goods – interlocutory mandatory injunction – high threshold: unusually strong case and high degree of assurance – disputed facts on affidavits – equity/clean hands – specific performance not appropriate – damages adequate.
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24 August 2000 |
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Turquand rule and apparent authority defeated an injunction where a family company failed to observe corporate formalities.
Company law — director’s apparent authority — Turquand rule — enforcement of security — interlocutory injunction — non‑compliance with Companies Act formalities.
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21 August 2000 |
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Court set aside default judgment against a non-existent company; third party lacked standing under Order 12 but had interest under Practice Note 12/1/11.
Civil procedure – Order 12 Rules 6 and 8 – leave to give notice of intention to defend – limited to a defendant; Practice Note 12/1/11 – setting aside default judgments obtained against non-existent companies; locus standi of interested third parties; costs.
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15 August 2000 |
| July 2000 |
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21 July 2000 |
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21 July 2000 |
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A fixed-term lease cannot be terminated by notice; forfeiture requires section 51 compliance, so the applicant's injunction is dissolved.
Registered Land Act – section 51 and section 57(1)(a) – fixed-term lease – termination by effluxion of time – forfeiture and re-entry clause – equitable owner’s relief – validity of notice to quit – interlocutory mandatory injunction.
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14 July 2000 |
| June 2000 |
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Unregistered but evidenced charge can create an equitable security; injunction discharged and plaintiff secured in equity.
Registered Land Act — unregistered charge and registration requirements; equitable charge by contract/part-performance; priority and notice; bona fide purchaser; injunction discharge; fraud allegation not established.
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29 June 2000 |
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23 June 2000 |
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22 June 2000 |
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22 June 2000 |
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Interim injunction refused where sale likely concluded at fall of hammer and damages were an adequate remedy.
Interlocutory injunctions – American Cyanamid principles – adequacy of damages – auction sale (fall of the hammer) – detinue/conversion v breach of contract – undertaking as to damages – specific performance unavailable for chattels.
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5 June 2000 |
| May 2000 |
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Attachment before judgment requires good cause, intent to defeat or delay, and evidence of disposition or evasion.
Civil procedure — Order 8 (attachment/committal before judgment) — application requirements: writ issued; good cause of action; intention to defeat or delay claim or execution; disposition/evasion of property — anticipatory breach allows immediate suit — procedural safeguards for ex parte orders (short inter partes hearing, specify amount, undertakings).
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19 May 2000 |
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18 May 2000 |
| April 2000 |
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Application to discharge injunction dismissed; applicant failed to prove partnership or legal right to trade, so injunction remains.
Civil procedure – application to discharge ex parte injunction – party alleging informal partnership must adduce clear, corroborated evidence; documentary inconsistencies and lack of lawful residence undermine relief – injunction maintained.
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20 April 2000 |
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11 April 2000 |
| March 2000 |
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Applicant argues customs provisions reversing burden of proof violate the constitutional presumption of innocence and fair‑trial rights.
Constitutional law — Criminal procedure — Reverse onus provisions in customs legislation — Presumption of innocence and right to remain silent — Burden of proof shifted to accused — Admissibility of foreign certificates and prima facie evidence — Limitation test under s44 (reasonableness, necessity, international standards) — Invalidation under s5 and remedies under ss46/200.
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29 March 2000 |
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24 March 2000 |
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A lease by agreement is enforceable despite absence of Ministerial consent; injunction granted to restore possession.
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20 March 2000 |
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15 March 2000 |
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14 March 2000 |
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8 March 2000 |
| February 2000 |
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29 February 2000 |
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28 February 2000 |
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17 February 2000 |
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Forfeiture without affording the owner an opportunity to be heard breaches natural justice; forfeiture quashed and vehicle returned.
Customs and Excise — forfeiture of conveyance — section 145(2), 146(1) and 161(1) — right to be heard — natural justice — administrative fairness (Ridge v Baldwin).
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11 February 2000 |
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2 February 2000 |
| January 2000 |
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31 January 2000 |
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Applicant joined as co-grantee with Administrator General to prevent estate waste and compel production of estate accounts.
Wills and Inheritance Act s.42 – limited grant of letters of administration; Administrator General – retention notwithstanding inaction; joinder of grantee to prevent estate waste; duty to produce estate accounts and timeline for payment of solicitors’ fees; need for representative participation of family branches.
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25 January 2000 |
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21 January 2000 |