Results.
8 judgments found.
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| April 2017 |
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Appellant deprived of right to be heard where magistrate entered judgment on a qualified admission without a substantive hearing.
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Civil procedure — natural justice — right to be heard (audi alteram partem) — qualified admissions — requirement for substantive hearing before entering judgment — setting aside judgment and ordering rehearing.
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24 April 2017 |
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Repossession held justified; no trespass or detinue; distress claim failed; defendant must return the cooker.
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Repossession and secured transactions; trespass to chattels; detinue; scope of collateral under loan agreement; damages for distress.
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10 April 2017 |
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Stay of execution application struck off for being filed in the wrong court; applicant must apply in trial court.
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Civil procedure — stay of execution — procedural requirement to apply in the trial court — improper listing of application — matter struck off the roll.
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9 April 2017 |
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Court ordered dismissal for want of prosecution unless claimants show intention to proceed within 18 days.
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Civil procedure — dismissal for want of prosecution; court case‑management; adjournment for non‑attendance; requirement to show intention to proceed within prescribed time.
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9 April 2017 |
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Appointment as GVH void ab initio for failure to follow customary procedure; removal lawful and DC only facilitated, injunction vacated.
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Chieftaincy law — customary appointment of Group Village Headmen — validity and void ab initio; Chiefs Act (sections 4, 9, 11, 7) — powers to appoint and remove; Administrative law — procedural fairness in dispute resolution; Role of District Commissioner — facilitator not removing authority; Interim injunction — vacated for suppression of facts.
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6 April 2017 |
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Court found the driver negligent and insurer directly liable under s65A, awarding damages and costs to the plaintiff.
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Road traffic accident — Negligence (duty, breach, causation) — Police report as evidence — Insurer liability under s65A Road Traffic Act — Damages for loss of use, inconvenience and repairs — Costs.
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5 April 2017 |
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Interlocutory injunction refused where applicant failed to show clear title, evidence of eviction, and balance of convenience.
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Interlocutory injunction — Order 29 RSC — requirement to show triable issue/clear right and balance of convenience — insufficiency of title evidence (undated, unsigned, unwitnessed lease) — absence of proof of eviction — dismissal as frivolous and vexatious.
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4 April 2017 |
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A village headman cannot validly sell customary land; allocations contrary to customary tenure are void and subject to eviction.
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Customary land — Communal tenure — Chiefs’ power to allocate use and occupation — Sale of customary land void — Lease founded on unlawful allocation void ab initio — Remedies: eviction, injunction, restitution, costs.
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4 April 2017 |