Results.
537 judgments found.
|
|
|
| March 2020 |
|
|
|
5 March 2020 |
|
Whether a judgment made in chambers required leave to appeal and whether a stay order effectively granted that leave.
-
Civil procedure — Appeal from judgment made in chambers — Requirement for leave under Supreme Court of Appeal Act — Validity of notice of appeal filed before grant of leave — Effect of stay order as de facto grant of leave; Order III r3(2); s23 SCA Act; procedural time limits.
|
5 March 2020 |
| February 2020 |
|
|
|
28 February 2020 |
|
|
26 February 2020 |
|
|
26 February 2020 |
|
|
24 February 2020 |
|
|
22 February 2020 |
|
|
4 February 2020 |
| January 2020 |
|
|
Court stayed execution after Registrar prematurely issued and executed a warrant; directed review by Deputy Chairperson.
-
Civil procedure — Stay of execution — Industrial Relations Court — Registrar's powers under Rule 5A — Review by Chairperson/Deputy Chairperson — Interpretation of "reasonable time" in assessment orders — Premature issuance and execution of warrant — Allegations of Registrar misconduct.
|
29 January 2020 |
|
|
14 January 2020 |
|
|
10 January 2020 |
|
Declaration of lawful ownership of public land allocated by the Commissioner; sale to purchaser void; brief trespass no damages.
-
Land law — declaration of planning area converts customary land to public land under Town and Country Planning and Land Acts — allocation and administration by Commissioner for Lands — occupiers cultivating public land possess no transferable title; sale by occupier void
-
Tort — trespass by brief wrongful occupation; limited period may not attract damages. Constitutional property rights — declaratory relief available; no separate damages where trespass too brief and hearing inadequate
|
7 January 2020 |
| December 2019 |
|
|
|
20 December 2019 |
| September 2019 |
|
|
Petition alleging result-sheet alterations, barred monitors and unsealed ballot box failed for lack of sufficient evidence.
-
Electoral law — election petition under s.100 PPEA — proper mode of commencement; burden and variable standard of proof in election petitions; admissibility and weight of polling-station result sheets (MEC.POLL 066b) and record log books; recount/scrutiny and effect of unsealed ballot box; requirement for written complaints at polling stations (s.89).
|
16 September 2019 |
| July 2019 |
|
|
Applicant failed to prove accreditation, labelling, or counting irregularities affected the election result on a balance of probabilities.
-
Electoral law — monitors’ accreditation and identity documents — polling-station procedure — stream labelling and alleged campaigning — ballot display and counting procedure — requirement to make written complaints — burden of proof on balance of probabilities.
|
7 July 2019 |
| June 2019 |
|
|
A petition filed after the seven-day period under section 100 was held time-barred and dismissed; local government claims belong under the Local Government Elections Act.
-
Election law — limitation period for election petitions — s100 Parliamentary and Presidential Elections Act is mandatory and not extendable by court; s114 appeals require reasonable time though no statutory limit; local government election petitions governed by Local Government Elections Act.
|
27 June 2019 |
|
|
13 June 2019 |
|
A s.114 appeal requires a prior Commission decision on an alleged irregularity; absent that, the petition was incompetent and dismissed.
-
Electoral law — Parliamentary and Presidential Elections Act s.114 — appeal lies only against a Commission decision confirming or rejecting an irregularity; exhaustion of MEC complaints procedure required; non-exercise by Commission may be judicial review; petition dismissed as incompetent.
|
12 June 2019 |
| May 2019 |
|
|
|
6 May 2019 |
|
|
2 May 2019 |
| February 2019 |
|
|
|
25 February 2019 |
|
|
20 February 2019 |
|
|
15 February 2019 |
| January 2019 |
|
|
|
28 January 2019 |
| November 2018 |
|
|
Registrar lacked jurisdiction to set aside or stay a final appellate order; fraud or incapacity challenges require appeal or fresh action.
-
Civil procedure — Registrar's jurisdiction under Order 25 CPR — expressio unius — challenge to final judgment obtained by fraud: remedy by appeal or fresh action — incapacity defence raised post-final judgment — assessment of damages directed by appellate court.
|
29 November 2018 |
|
High Court dismisses appeal, holding severance and pension payments were properly dealt with and factual findings are final.
-
Labour law — retrenchment — severance pay — appealability of factual findings from Industrial Relations Court under s.65 — pension/provident fund payments — discovery/refusal — fishing expedition.
|
2 November 2018 |
| September 2018 |
|
|
Claimant awarded replacement cost and K9,000,000 for loss of business after vehicle burned in police custody.
-
Police seizure and custody of vehicle — vehicle destroyed while in custody — damages: replacement cost awarded where irreparable; loss of use/profit recoverable for profit-earning chattel where proved — award of K5,000,000 replacement and K9,000,000 loss of business.
|
19 September 2018 |
| June 2018 |
|
|
Whether the respondent unlawfully reallocated leased land without hearing or complying with constitutional expropriation procedures.
-
Judicial review — public authority as proper respondent — natural justice — right to be heard — land reallocation and expropriation — compliance with section 44(3) Constitution — right to property (section 28) — Wednesbury unreasonableness.
|
28 June 2018 |
|
The Regional Commissioner unlawfully reallocated leased land without affording the applicant a hearing or complying with section 44(3) of the Constitution.
-
Administrative law — Judicial review — Natural justice — Right to be heard — Reallocation/re‑entry onto leased land — Expropriation under section 44(3) of the Constitution — Procedural fairness and Wednesbury unreasonableness — Proper respondent in judicial review of public authority action.
|
28 June 2018 |
|
Whether mandatory s91 publication authorises seizure and sale for unpaid rates and precludes instalment relief absent ordinary debt proceedings.
-
Local Government Act s91 — seizure and sale for unpaid rates — mandatory Gazette and newspaper publication; Rates attach to property; s78 — payment pending objection; s91(7) — distinctness from ordinary debt recovery; instalment relief not available in s91 proceedings.
|
11 June 2018 |
| May 2018 |
|
|
Court awarded K4,701,536 for wrongful death: expectation of life and dependency; special damages dismissed for lack of proof.
|
16 May 2018 |
| April 2018 |
|
|
Assessment of quantum in personal injury: awarded damages for pain, amenities, disfigurement and nominal lost earnings.
-
Personal injury — assessment of quantum — general damages for pain and suffering, loss of amenities, disfigurement and loss of earning capacity — use of comparable awards — nominal award where no evidence of earnings — 5% allowance for currency depreciation.
|
30 April 2018 |
|
Assessment of unfair dismissal award: calculation of compensation, severance and compound interest under the Employment Act.
-
Employment law — unfair dismissal — remedy under s.63(4) — assessment of compensation; Severance pay — First Schedule calculation; Compound interest on severance (commercial lending rate) — limitation on awarding new relief at assessment; Costs refused.
|
27 April 2018 |
|
Alleged misleading by counsel does not constitute good cause for a stay of execution; stay is discretionary.
-
Civil procedure — Stay of execution — Discretionary relief — Applicant must show good cause — Misleading by counsel insufficient — Remedies include suit against counsel or appeal — Order 47 Rule 1 RSC.
|
24 April 2018 |
|
An insurer's consent order and payment do not automatically justify summary judgment against the insured.
-
Summary judgment; consent order; insurer settlement; insured not party; Road Traffic Act s148; unliquidated damages; triable issues on negligence and apportionment; leave to defend.
|
23 April 2018 |
|
The applicants' interlocutory injunction in a WhatsApp defamation claim was continued pending trial; damages deemed potentially inadequate.
-
Defamation — publications on social media (WhatsApp) — interlocutory injunction — triable issue — adequacy of damages for reputation harm — requirement for full and frank disclosure — balance of convenience.
|
19 April 2018 |
|
After failed mediation, the court referred the dispute to trial to decide whether the second defendant was properly installed as village headman.
-
Civil procedure — Mediation — Failure to reach settlement — Referral to trial under Order 13 Rule 9(2) — Determination of proper installation of village headman.
|
10 April 2018 |
|
After mediation failed, the court referred the land entitlement dispute to trial and ordered transfer to the Magistrate’s Court.
-
Civil procedure — mediation failure — referral to trial under Order 13 rule 9(2) — land dispute — transfer from High Court to Magistrate’s Court for hearing.
|
10 April 2018 |
|
After failed mediation, court referred the claimants' land entitlement dispute to trial and transferred it to the Magistrate's Court.
-
Land dispute — entitlement to land — mediation failure — referral to trial — transfer to Magistrate’s Court — Order 13 Rule 9(2) High Court (Civil Procedure) Rules.
|
10 April 2018 |
|
Appeal dismissed because the appellant failed to comply with Order 33, rendering the appeal not ready for hearing.
-
Civil procedure — appeal readiness — compliance with Order 33 of the Subordinate Court Rules — procedural dismissal for non‑compliance.
|
9 April 2018 |
|
An appeal was dismissed because the appellant failed to comply with Order 33, rendering the matter not ready for hearing.
-
Civil procedure — Appeal — Procedural compliance — Failure to comply with Order 33 of the Subordinate Court Rules — Appeal not ready for hearing — Dismissal for non-compliance.
|
9 April 2018 |
|
Appeal hearing dismissed for failure to comply with Order 33 of the Subordinate Court Rules.
-
Civil procedure — Appeal — Readiness for hearing — Non‑compliance with Subordinate Court Rules (Order 33) — Dismissal of hearing.
|
9 April 2018 |
|
Summary judgment refused where defendant raised genuine factual disputes about contractual variation and estoppel requiring trial.
-
Civil procedure — summary judgment (Order 14) — genuine triable issues — contract variation through agent — acceptance of late payments — estoppel — whether time was of the essence.
|
3 April 2018 |
|
Interim injunction refused where damages were adequate and the applicant suppressed a material fact (trustee status).
-
Interim injunctions — adequacy of damages as alternative remedy — injunction refused where damages adequate; Duty of full disclosure — suppression of material facts vitiates interlocutory application; Internal association law — disciplinary powers and eligibility for office under constitution; Natural justice — right to be heard in disciplinary processes.
|
3 April 2018 |
| March 2018 |
|
|
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.
|
27 March 2018 |
|
The applicant failed to show a triable issue of land ownership; interlocutory injunction dismissed.
|
21 March 2018 |
|
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.
|
20 March 2018 |
|
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.
|
16 March 2018 |
|
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.
|
6 March 2018 |
|
|
2 March 2018 |