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Citation
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Judgment date
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| April 2021 |
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30 April 2021 |
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Permission for judicial review and ex parte injunction refused for insufficient evidence and valid statutory seizure powers.
Judicial review — permission stage; interlocutory injunction without notice; seizure/detention under the Forestry Act — requirement for seizure certificate; insufficiency of uncertified documents; proof of purchase and licence for quarrying; validity of sworn statements; statutory mandate of forestry officers.
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21 April 2021 |
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Application for judicial review and interim release of seized tippers dismissed for lack of admissible evidence and arguable case.
Judicial review – interlocutory injunction – seizure of vehicles under Forestry Act; proof and admissibility of documentary evidence; requirement for seizure certificate; enforcement against unlicensed quarrying; procedural adequacy of affidavits.
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21 April 2021 |
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Judicial review quashed a chief's appointment for procedural unfairness and failure to show presidential satisfaction under section 4(2).
Chiefs Act s4(2) — appointment of chiefs; requirement of entitlement under customary law and majority support; administrative justice — Constitution s43; judicial review focuses on decision-making process; admissibility of affidavits — Oaths, Affirmations and Declarations Act (section 7) and Commissioner for Oaths rules; role of District Commissioner and Minister as facilitators; limits on court ordering executive appointments.
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13 April 2021 |
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Default judgment application rejected because the draft judgment sought relief not contained in the supporting sworn statement; Legal Aid Bureau given 14 days to respond.
Civil procedure — Default judgment — Order 12 r.7(1) CPR — draft judgment must correspond to sworn statement — inclusion of relief not pleaded renders application inadmissible — active case management — extension to Legal Aid Bureau to file defence.
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12 April 2021 |
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Ex parte interlocutory injunction denied where claimed urgency was self-created and the applicant unreasonably delayed seeking relief.
Civil procedure – Interlocutory injunction – Ex parte urgent relief – Urgency must not be self-created – Unexplained delay and observed development defeat claim of extreme urgency – Order 10 CPR.
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8 April 2021 |
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High Court denied leave for judicial review because original jurisdiction over labour disputes lies with the Industrial Relations Court.
Judicial review — leave to apply — labour disputes — jurisdiction — Industrial Relations Court as forum of original jurisdiction — High Court limited to appellate competence.
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6 April 2021 |