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Citation
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Judgment date
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| September 2023 |
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30 September 2023 |
| August 2023 |
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Court allowed a limited grant and held a single adult beneficiary applicant may be administrator; criticized improper affidavits and counsel supervision.
Probate—Jurisdiction under DEWIPA—High Court competence for estates above K1,000,000; Letters of administration—single administrator permissible where beneficiaries are adult; Evidence—affidavits must be signed by deponents; Professional conduct—counsel’s supervisory duties and effect of improper commissioning of affidavits.
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25 August 2023 |
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High Court may refer apparent perjury arising in civil proceedings to a Resident Magistrate; petitioner’s credibility doubted.
Procedure and criminal referrals in civil proceedings – High Court jurisdiction under s108 Constitution and s12 Courts Act – CPR powers to re-open after trial but before judgment – Appearance of perjury on balance of probabilities – Credibility and weight of evidence – Referral to Resident Magistrate under Penal Code s101.
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18 August 2023 |
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18 August 2023 |
| May 2023 |
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16 May 2023 |
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Claimant lacked locus to litigate intestate estate claims without letters of administration; customary marriage invalid due to prior statutory marriage.
Probate and administration — Intestacy — Requirement for letters of administration under DEWIPA to enforce beneficiaries’ rights — Locus standi to sue in estate matters — Validity of customary marriage where prior statutory marriage subsists — Children’s rights and guardianship obligations.
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16 May 2023 |
| April 2023 |
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Applicant awarded one-third of the matrimonial house; respondent retains cars; compensation increased to K1,500,000.
Family law – divorce – division of matrimonial property – intention of parties in property acquisition – evidence of contributions; Motor vehicle ownership – custodial acquisition, contributions and use; Compensation – assessment of fair monetary compensation for non-material and economic losses during relationship.
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24 April 2023 |
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19 April 2023 |
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19 April 2023 |
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18 April 2023 |
| March 2023 |
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Court set aside a regularly obtained default judgment to allow probate disputes to be decided on their merits.
Civil procedure — Service of summons and default judgment — Order 5 & Order 12 CPR; Setting aside default judgment — Order 12 rule 21 — reasonable cause and meritorious defence; Probate law — Deceased Estate (Wills, Inheritance and Protection) Act — merits to be determined.
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6 March 2023 |