Results.
8 judgments found.
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| June 2023 |
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Court varied ex parte injunction: no suppression found, serious issue to be tried on enforceability of teaming agreement; partial implementation permitted.
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Interlocutory injunctions — ex parte disclosure — alleged suppression of material facts — enforceability of teaming agreements — adequacy of damages — variation of injunction to permit partial project implementation.
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23 June 2023 |
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Court varied ex parte injunction: allowed limited project start but restrained defendant from using $400,000 or implementing claimant’s component pending resolution.
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Contract/NGO funding — Teaming Agreement and enforceability — interlocutory injunction — ex parte disclosure duties — adequacy of damages — balancing public interest in service delivery vs contractual rights.
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23 June 2023 |
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Unchallenged valuation awarded as market value; limited special damages proved but K10,000,000 general damages awarded for delay.
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Land law — assessment of damages — unchallenged expert valuation adopted as market value — breach of contract damages — claimant must prove consequential loss; general damages awarded for delay/inconvenience — costs to claimant.
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23 June 2023 |
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Where charged offences are not gazetted as exceptions, the High Court must try the accused by jury.
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Criminal procedure — Trial by jury under s.294(1) Criminal Procedure and Evidence Code — Minister’s power under s.294(2) to Gazette exceptions — Criminal Procedure (Trials Without Jury) Order — offences not listed require jury trial.
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22 June 2023 |
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The applicant, a statutory public housing corporation, is protected by Order 34 Rule 4 from seizure and sale; enforcement suspended.
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Civil procedure — suspension of execution — stay of enforcement; Public institution immunity — Order 34 Rule 4 — seizure and sale orders; Statutory corporations — government entity status and representation by Attorney General; Enforcement against public bodies — alternative procedures.
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16 June 2023 |
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An application to stay a statutory demand was dismissed as incompetent; a statutory demand is not an Order 28 enforcement order.
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Civil procedure — Stay of execution — Suspension of enforcement of costs order — Statutory demand under Insolvency Act not an enforcement order under Order 28 — Competency of application — Registrar’s jurisdiction under Order 25 Rule 1 — Delegated decisions as High Court decisions — Res judicata — Inherent jurisdiction
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13 June 2023 |
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Whether a bank’s wrongful caution caused the claimant’s sale loss and whether the claimant must repay funds received without consideration.
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Registered Land Act — cautions (ss.126–130) — wrongful lodgement of caution — unregistrable interest and requirement to have advanced money; Tort/Equity — damages for wrongful caution causing rescission of sale; Contract/Property — purchaser’s right to rescind upon discovering a caution; Restitution — action for money had and received; Defence of change of position; Burden and standard of proof (balance of probabilities).
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13 June 2023 |
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Wrongful caution on land led to claimant’s damages; bank recovers MK5.95 million received by claimant.
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Registered Land Act — cautions (s.126–130) — wrongful lodgement of caution — unregistrable interest — requirement for bank to have advanced money on current account — remedies under s.130; Civil restitution — money had and received — receipt of bank funds without consideration entitling recovery; rescission of sale due to registered caution and consequential damages.
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13 June 2023 |