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Citation
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Judgment date
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| November 2002 |
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Court continued interlocutory injunction pending determination, rejecting defendants' contention that internal remedies precluded court relief.
Civil procedure — interlocutory injunction — ex parte order — alleged non-disclosure of material facts — discretion to continue injunction; Party disputes — internal remedies v. access to courts — exhaustion not an absolute bar to originating proceedings seeking declaratory relief; Natural justice — alleged breach in disciplinary proceedings; Balance of convenience — irreparable harm vs. delay.
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14 November 2002 |
| October 2002 |
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Holding a party convention in defiance of an injunction is contempt; the convention was void and contemnors fined.
Contempt of court – breach of injunction restraining party convention – service and actual notice – liability of non‑parties/assistants who knowingly aid breach – declaration void ab initio – fines with default imprisonment – costs.
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11 October 2002 |
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Whether a judgment-on-admission is interlocutory and whether a negotiation letter amounted to an unequivocal admission.
Civil procedure – Judgment on admission – Whether interlocutory or final – Admissibility of hearsay/information and belief in affidavits under Order 41 r.5 – Requirement to disclose sources and grounds – Admissions: clarity, context and negotiations – Judicial discretion to grant or refuse judgment on admission.
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2 October 2002 |
| September 2002 |
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Plaintiff failed to prove on a balance of probabilities that negligent electrical maintenance caused the house fire.
Negligence; electrical installations; causation in fire cases; standard of proof in civil claims; credibility of witnesses; assumptions versus inspection evidence.
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19 September 2002 |
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A caution forbids registration and entitles to notice but does not grant sale power; an unregistered charge cannot support a valid sale.
Registered Land Act — Caution: forbids registration of dispositions and entitles cautioner to notice but does not confer power of sale; Charge: unregistered or unperfected charge does not authorize power of sale; Registration by mistake—rectification under s139; Requirements for valid registration of charges.
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18 September 2002 |
| July 2002 |
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Decree nisi granted: petitioner’s adultery and desertion proved; respondent’s adultery not established.
Matrimonial law – divorce – adultery – proof by inference and circumstances; hearsay inadmissible to establish adultery – desertion and constructive desertion – decree nisi granted where spouse’s conduct forced separation.
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3 July 2002 |
| June 2002 |
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Children of an intestate deceased mother are solely entitled; husband’s co-ownership and share claims dismissed; plaintiff fit to administer estate.
Succession law – intestacy of a deceased woman – application of section 16(4) Wills and Inheritance Act (children solely entitled); proprietary claims by spouse – proof of co-ownership requires contribution; fitness to administer estate – failure to act and to maintain children relevant; constitutional challenge to succession provision – onus to show unreasonableness and inconsistency with Constitution.
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21 June 2002 |
| May 2002 |
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Statutory five‑year tenure is mandatory, but a contractual termination clause is not per se ultra vires; matter remitted for trial.
Electoral Commission Act s.12(1)–(2) – Construction of "shall" – Statutory fixed tenure vs contractual termination clause – Ultra vires – Summary judgment inappropriate where factual issues remain.
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29 May 2002 |
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The applicant’s unopposed request to pay the judgment by two monthly instalments was granted.
Civil procedure – application for payment of judgment debt by instalments – unopposed evidence – court accepts debtor’s sworn account and orders two monthly instalments.
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2 May 2002 |
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A corporate judgment debtor must produce substantive financial evidence to justify repayment of a large judgment by long-term small instalments.
Judgment enforcement – instalment payments – corporate judgment debtor’s burden to produce financial evidence – trading debt principle – refusal of piecemeal long-term repayments.
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2 May 2002 |
| April 2002 |
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Sentence disparity among jointly charged defendants is permissible if the trial court provides reasons; sentence confirmed.
Criminal law – Sentencing – Disparity between co-accused – Guilty plea versus trial conviction – Repeat offender as aggravating factor – Review of sentence limited where reasons for disparity given.
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17 April 2002 |
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Interlocutory injunction to restrain lessor from realising security dismissed; defendant ordered to return the vehicle.
Interlocutory injunctions — American Cyanamid test — lease agreements — repossession and realisation of security for unpaid rentals — default by lessee — balance of convenience — return of voluntarily surrendered vehicle and counterclaim for repair expenses.
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16 April 2002 |
| February 2002 |
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Plaintiff’s claim to title failed because key documents’ authenticity and the alleged sale were not proven.
Property law — Alleged sale as alternative repayment of loan; Evidentiary issues — disputed signatures and document authenticity; Burden of proof — plaintiff failed to prove valid transfer and bona fide purchase; Relief dismissed.
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12 February 2002 |
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The Minister must promptly decide a s.24A land-sale notice and give reasons if withholding consent.
Land Act s.24A — notice versus consent; scope of ministerial discretion; requirement to give reasons; unreasonable delay/Wednesbury unreasonableness; allegations of discrimination unproven.
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5 February 2002 |