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Citation
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Judgment date
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| March 2018 |
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Failure to publish Council appointments in the Gazette rendered the Council unconstituted and its disaccreditation decision void if made while accreditation subsisted.
Administrative law — Judicial review — Grounds: illegality, irrationality, procedural impropriety — Statutory interpretation of "academic cycle" — Accreditation law — Mandatory gazetting of public body appointments; failure renders acts void.
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27 March 2018 |
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The applicant failed to show a triable issue of land ownership; interlocutory injunction dismissed.
:[
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21 March 2018 |
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The applicant failed to prove continued possession of customary land; claim dismissed; respondents ordered to provide a token of appreciation; costs borne individually.
Customary land – possession and control – burden on balance of probabilities; church property as collective; failure to prove continued possession; claim dismissed; token of appreciation ordered; parties to bear own costs.
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20 March 2018 |
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Personal injury claim dismissed as statute‑barred where the writ was filed after the three‑year limitation and plaintiff did not attend hearing.
Limitation Act – personal injury – three-year limitation for actions for damages for negligence – "brought"/filed within statutory period; Civil procedure – Order 14A point of law determination; Order 32 r.5 – hearing in absence where party duly served; statute-barred claim – dismissal with costs.
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16 March 2018 |
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Action struck out as abusive and premature for duplicating a pending appeal and for failing to exhaust internal party remedies.
Party constitution — internal dispute resolution (Article 56) — exhaustion of internal remedies — abuse of court process — duplicative litigation and risk of conflicting judgments — striking out proceedings.
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6 March 2018 |
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2 March 2018 |
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Plaintiff failed to prove occupier or agency status or negligence; claim dismissed and costs awarded to defendants.
Occupiers' liability — proof of occupier status; Agency — requirement of evidence to prove agency/consent; Negligence — duty, breach and causation on balance of probabilities; Evidentiary inconsistencies and trespasser status affect liability.
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2 March 2018 |
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Taxation of costs held premature because matter was not concluded; taxation deferred until final determination.
Civil procedure – Taxation of costs – Order 62 r.8(1) – Costs not taxable until conclusion of matter unless court expressly orders earlier taxation – "to be taxed or agreed" does not equate to "taxation forthwith" – premature taxation dismissed.
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1 March 2018 |
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1 March 2018 |