|
Citation
|
Judgment date
|
| March 2001 |
|
|
Private employer may terminate on contractual notice; constitutional administrative-law protections (Section 43) do not apply to private employment termination.
Employment law – Termination of employment by private employer – Contractual notice – Validity of Acting Chairman’s approval – Non-application of constitutional administrative-law protections (Section 43) to private master-servant terminations – Damages for loss of legitimate expectations.
|
20 March 2001 |
|
|
14 March 2001 |
|
Appeal allowed where trial court misapplied evidence law and failed to consider self-defence; conviction quashed.
Criminal law – evaluation of credibility and contradiction in evidence; single witness evidence; duty to consider possible defences (self-defence/defence of another); burden on prosecution to disprove raised defences beyond reasonable doubt; appellate review of factual findings.
|
13 March 2001 |
| February 2001 |
|
|
An interim administrator lacked authority to sue in the company’s name; injunction obtained without mandate was discharged.
Company law – separate juristic personality; authority to sue rests with directors (Article 63, Companies Act); interim administrator’s powers limited until registration; ratification of unauthorised acts; interlocutory injunction – discharge where obtained without mandate or where material change in circumstances; procedural remedies (stay/dismissal) versus discharge.
|
22 February 2001 |
|
A rehearing on appeal is confined to evidence before the Registrar; new affidavit disallowed and damages confirmed subject to tax deduction.
Civil procedure – Appeals from Registrar under Order 58 – scope of "rehearing"; Evidence – admissibility of additional evidence on appeal; Evidence – sufficiency of petty cash vouchers, invoices and quotations versus receipts; Assessment of damages – loss of use/loss of earnings must account for tax liability.
|
18 February 2001 |
| January 2001 |
|
|
Insurer liable where no material misrepresentation and policy effective despite unpaid premium; unpaid premium and excess deducted from indemnity.
Insurance law – misrepresentation and non-disclosure – proposal form – effect of insured’s lack of knowledge of importation values; Insurance law – non-payment of premium – insurer’s conduct in issuing policy treated as waiver; Deduction of unpaid premium and excess from indemnity; Claim for unpleaded contractual interest rejected.
|
26 January 2001 |
|
Summary dismissal held wrongful; one month’s salary awarded and unpaid overtime/holiday pay ordered, costs on subordinate scale.
Employment law – summary dismissal – requirement to prove misconduct and call material witnesses – hearsay disregarded – wrongful dismissal where employer fails to prove misconduct; damages limited to earliest lawful termination (one month’s notice) – entitlement to unpaid overtime and holiday/weekend pay.
|
16 January 2001 |
|
|
8 January 2001 |
| December 2000 |
|
|
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.
|
1 December 2000 |
| November 2000 |
|
|
Employer vicariously liable for bus driver's negligence; plaintiff awarded K100,000 reduced for 20% contributory negligence.
|
13 November 2000 |
|
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.
|
10 November 2000 |
| October 2000 |
|
|
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
|
23 October 2000 |
|
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).
|
4 October 2000 |
| September 2000 |
|
|
|
12 September 2000 |
|
|
5 September 2000 |
| August 2000 |
|
|
|
28 August 2000 |
|
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.
|
24 August 2000 |
|
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.
|
21 August 2000 |
|
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.
|
15 August 2000 |
| July 2000 |
|
|
|
21 July 2000 |
|
|
21 July 2000 |
|
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.
|
14 July 2000 |
| June 2000 |
|
|
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.
|
29 June 2000 |
|
|
23 June 2000 |
|
|
22 June 2000 |
|
|
22 June 2000 |
|
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.
|
5 June 2000 |
| May 2000 |
|
|
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).
|
19 May 2000 |
|
|
18 May 2000 |
| April 2000 |
|
|
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.
|
20 April 2000 |
|
|
11 April 2000 |
| March 2000 |
|
|
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.
|
29 March 2000 |
|
|
24 March 2000 |
|
A lease by agreement is enforceable despite absence of Ministerial consent; injunction granted to restore possession.
:[
|
20 March 2000 |
|
|
15 March 2000 |
|
|
14 March 2000 |
|
|
8 March 2000 |
| February 2000 |
|
|
|
29 February 2000 |
|
|
28 February 2000 |
|
|
17 February 2000 |
|
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).
|
11 February 2000 |
|
|
2 February 2000 |
| January 2000 |
|
|
|
31 January 2000 |
|
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.
|
25 January 2000 |
|
|
21 January 2000 |
| December 1999 |
|
|
|
22 December 1999 |
| November 1999 |
|
|
|
30 November 1999 |
|
|
25 November 1999 |
|
|
23 November 1999 |
|
|
18 November 1999 |