Results.
9 judgments found.
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| May 2026 |
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Whether the respondent lost jurisdiction by deciding after statutory time limits and whether its rules were ultra vires.
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Administrative law — Rule‑making and ultra vires — Division of rule‑making powers between Society and Disciplinary Committee — Legal Education and Legal Practitioners Act ss 73, 94
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Disciplinary procedure — Time limits and jurisdiction — Whether Disciplinary Committee loses jurisdiction after expiry of statutory 90/120 days — LELPA s 95
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21 May 2026 |
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20 May 2026 |
| April 2026 |
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Use of the wrong prescribed notice form nullified the appeal; absence of a memorandum meant no competent appeal existed.
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Civil procedure
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Appeals from subordinate court to High Court — Notice of appeal — Prescribed Form 26 mandatory; use of Supreme Court of Appeal form invalidates appeal
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Record of appeal — Memorandum of appeal (grounds) integral to record of appeal; absence means no appeal
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Procedural irregularity — Fundamental defects in prescribed form cannot be cured by inherent jurisdiction or Order 2 relief
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14 April 2026 |
| February 2026 |
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27 February 2026 |
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Judicial review application dismissed for being filed out of time; respondent affidavit held incurably defective; referral refused.
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Administrative law — Judicial review — Time limits — Promptness and three‑month rule under Order 19 Rule 20(5)-(6) — Extension only for good reason
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Civil procedure — Affidavits — Jurat defects — Incurable inconsistent/omitted dates render affidavit ineffectual; not curable under Order 18 r18-19 and Oaths, Affirmations and Declarations Act s10
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Procedure — Constitutional certification — No proceeding to refer to Chief Justice under Courts Act s9
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24 February 2026 |
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20 February 2026 |
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An Ombudsman may investigate anonymous whistle‑blower complaints and lawfully construe statutory qualification requirements in recruitment.
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Ombudsman jurisdiction — anonymous complaints and whistle‑blower protection (s12A); maladministration in public recruitment; statutory interpretation of qualifications (s6(5) Corrupt Practices Act); separation of powers and administrative oversight.
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16 February 2026 |
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Whether the Chief Secretary lawfully seconded senior military officers — judicial review, s43 fairness and Public Service Act deployment rules.
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Judicial review — amenability of executive actions; administrative justice — s43 right to lawful and procedurally fair administrative action and reasons; ultra vires and Wednesbury unreasonableness — Public Service Act (s10) deployment requirements; separation of powers — High Court jurisdiction under s108(2); duty of candour in judicial review.
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12 February 2026 |
| January 2026 |
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High Court remitted a medical disciplinary case for fresh inquiry due to an incomplete and inadequate record.
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Medical disciplinary proceedings — statutory requirement to record proceedings and reasons (s48(5) Medical Practitioners and Dentists Act) — incomplete/inconsistent record — adequacy of minutes vs verbatim record — appellate review limited by deficient record — referral for fresh inquiry — issues of informed consent, negligence and gross incompetence considered but not determined on merits.
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29 January 2026 |