Results.
11 judgments found.
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| October 2014 |
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Prior consent settlement on identical facts can preclude a defendant from maintaining a bona fide defence, justifying summary judgment.
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Civil procedure — Summary judgment under Order 14 r.1 — Bhogal two-stage test: credible defence and bona fide defence — Effect of prior consent order/compromise on issue estoppel and res judicata — Whether prior settlement on same facts precludes denial of liability.
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7 October 2014 |
| July 2014 |
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Failure to file and serve a notice of appointment of legal practitioners is a fundamental irregularity barring counsel’s right of audience, warranting dismissal of the appeal.
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Civil procedure — notice of appointment of legal practitioners — requirement to place counsel on record — right of audience; Procedural irregularity — whether omission is fundamental or curable under O.2 r.1 RSC; Access to justice — constitutional argument not determinative where counsel not on record; Default judgment — appeal dismissed for counsel not validly on record.
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8 July 2014 |
| June 2014 |
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A regular default judgment may be set aside if the defendant shows a real-defence, but delay and abuse justify conditional relief (payment into court).
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Civil procedure — Default judgment — Setting aside regular default judgment — Discretionary relief under Order 13 r9/Order 19 r9 — Defendant must show defence on merits with real prospects of success — Delay, explanation and abuse of process relevant — Conditional setting aside (payment into court and service of defence).
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11 June 2014 |
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Stay of execution granted where the respondent failed to show ability to repay damages; awarded sums ordered paid into court pending appeal.
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Civil procedure — Stay of execution — Order 59 r 13 — Appeal against award of damages — Risk of nugatory appeal — Requirement to show inability to repay — Payment into court pending appeal.
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10 June 2014 |
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An administrator not formally substituted has no capacity to apply to set aside a default judgment; application dismissed.
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Default judgment — set aside — Order 13 r 9 & Order 19 r 9; capacity to apply/substitution of parties; service of process; defective affidavit; discretionary relief.
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10 June 2014 |
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Following a default judgment on liability, the court awarded K1,700,000 for general damages plus special damages and costs.
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Damages assessment — default judgment establishing liability — general damages for pain, suffering, loss of amenities and disfigurement — consideration of comparable authorities and currency devaluation — award of special damages and costs.
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2 June 2014 |
| May 2014 |
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Default judgment set aside where third party disclosed triable defence, though third‑party notice was irregular for lack of prior court leave.
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Civil procedure — Setting aside default judgment — Order 13 r 9 and Order 19 r 9 — applicant must disclose defence on the merits or triable issue — draft defence showing denial of negligence and plea of contributory negligence — Third‑party notice — requirement of prior leave under Order 16 r 1(2) — discretion as to costs.
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5 May 2014 |
| April 2014 |
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Default judgment set aside where defendant disclosed triable defence; delay and assessment issues did not bar relief, costs awarded.
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Civil procedure — Default judgment — Setting aside regular default judgment under Order 13 R.9/Order 19 R.9 — Defendant must disclose defence on the merits or triable issue with real prospects of success — Delay and prejudice considered but not determinative; costs may cure prejudice.
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28 April 2014 |
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Applicant granted leave for judicial review after health office refused a detailed medical report; proceedings expedited.
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Judicial review — Leave to apply under Order 53 r.3 — Locus standi — Provision of detailed medical reports by public health authority — Amendment of relief — Urgency and abridgement of time.
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1 April 2014 |
| February 2014 |
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Applicants granted bail due to prolonged pre-trial detention after the State failed to try them within the ordered timeframe.
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Constitutional right to bail (s42(2)(e)) — limited by interests of justice; prolonged pre-trial detention; State’s failure to try within 60 days; bail conditions in serious offences.
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4 February 2014 |
| January 2014 |
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The court dismissed the plaintiff’s claim for want of prosecution due to prolonged inactivity and awarded costs to the defendant.
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Civil procedure — want of prosecution — striking out/dismissal for inordinate and inexcusable delay — dismissal on first application permissible in appropriate cases — failure to attend hearing as evidence of abandonment — costs to defendant.
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6 January 2014 |