Results.
6 judgments found.
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| September 2017 |
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Appeals from a registrar’s assessment of damages/interest lie to the Supreme Court of Appeal, not to a judge in chambers.
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Courts Act s29 (repeal) — General Interpretation Act s13 (continuation of repealed law) — jurisdiction of Supreme Court of Appeal — Registrar’s assessment of damages/interest — Rule 3 High Court (Exercise of Jurisdiction of Registrar) Rules — Order 58(2)(b) Rules of Supreme Court — appeals lie to Supreme Court of Appeal, not judge in chambers.
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21 September 2017 |
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Appeal from a Senior Deputy Registrar in wrong forum, late filing and irregular affidavit; court awards costs to applicant/respondent.
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Civil procedure — Appellate jurisdiction — Appeal from Senior Deputy Registrar must lie to Judge in Chambers — Wrong forum and late filing — Defective affidavit not to be regularised by appellate court — Costs for procedural applications.
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20 September 2017 |
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Stay granted of assessment proceedings pending appeal due to procedural irregularities and risk of injustice to the appellant.
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Civil procedure — Stay of proceedings pending appeal — Discretionary exercise governed by risk of injustice and prejudice — Interlocutory judgment entered at scheduling conference — Procedural irregularities and assessment of damages by Registrar.
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20 September 2017 |
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Stay of execution refused where applicant misled court about a pending appeal and sought a stay contingent on a future appeal.
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Civil procedure — Stay of execution — Continuation of ex parte interim stay — Leave to appeal not yet sought — Suppression of material facts — Stay contingent on future appeal untenable — Matters of merit to be determined by lower court.
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19 September 2017 |
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Court set aside ex parte stay of possession but kept title deeds in custody and barred disposition of property pending appeal, with no costs order due to legal aid.
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Civil procedure — stay of execution — continuation or vacation of ex parte stay — setting aside ex parte stay on inter partes application; interim protection of title deeds pending appeal; prohibition on sale, pledge or mortgage of disputed property without appellate court permission; costs and legal aid.
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13 September 2017 |
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5 September 2017 |