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Citation
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Judgment date
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| November 2018 |
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An appeal is premature where liability is decided but damages remain unassessed; only final judgments are ordinarily appealable.
Civil procedure — Appeals — Finality — Appeal premature where lower court has decided liability but damages remain unassessed; inchoate/non‑enforceable judgments not ordinarily appealable; costs in the cause.
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29 November 2018 |
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An appeal on liability is premature if damages remain unquantified and the judgment below is inchoate; appeal delisted.
Civil procedure — Appeal — Premature appeal where damages remain unquantified — Inchoate judgment not immediately enforceable — Appeals should follow final determination of liability and quantum — Appeal delisted; costs in the cause.
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29 November 2018 |
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Summary judgment improperly entered amid disputed negligence and valuation; appeal allowed and matter remitted to Commercial Division for full hearing.
Civil procedure – Summary judgment – Improper entry and confirmation where negligence and valuation were disputed; Commercial jurisdiction – matter remitted to High Court Commercial Division for full and expedited hearing.
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28 November 2018 |
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A s40 Commission order recorded as a High Court judgment must be challenged by appeal to a Judge in Chambers, not by judicial review.
Competition and Fair Trading Act s40(2) – lodgement with Registrar – recorded order has effect of High Court judgment; s48 – appeal to a Judge in Chambers is the proper remedy against Commission findings; judicial review not available against orders recorded as High Court judgments; High Court cannot judicially review its own decisions or those of a court of concurrent jurisdiction; procedural compliance — filing address for service and consequence of non-compliance (ex parte hearing).
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26 November 2018 |
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An appeal on liability alone is premature where damages remain unquantified; appeals should await a final, enforceable judgment.
Civil procedure — Appeals — Prematurity of appeal where damages remain unquantified — Judgment left inchoate and not immediately enforceable — Avoidance of piecemeal appeals on liability and quantum.
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23 November 2018 |
| September 2018 |
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A single-member may grant an interlocutory stay pending appeal but cannot strike out a notice of appeal; stay granted to protect tracing of funds.
Civil procedure – interlocutory powers of a single member of Supreme Court – limits on use of inherent jurisdiction – power to stay execution pending appeal; locus standi in public interest litigation; freezing orders and risk of dissipation of assets.
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14 September 2018 |
| May 2018 |
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Court ordered interim bail after finding nearly two-year unlawful pre-trial detention and State neglect of timely trial obligations.
Constitutional right to personal liberty – pre-trial detention limits – Criminal Procedure and Evidence Code ss.161G–161I – State’s duty to commence trial within reasonable time – unlawful prolonged detention – juvenile treatment – bail pending trial.
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30 May 2018 |
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The court refused to stay enforcement pending appeal, finding no irreparable harm or irregular enforcement.
Civil procedure — Stay of execution pending appeal — Requirements for stay: special circumstances, irreparable harm, balance of convenience — Enforcement of possession orders — Sheriff’s execution and Order 28 rule 40 — Discretion of appellate court to respect lower court but to assess risk of injustice.
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22 May 2018 |
| April 2018 |
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Appellant proved respondent owned/controlled negligently driven bus and succeeds despite lower court's refusal to admit registration evidence.
Civil liability – motor vehicle collision – proof of ownership/control of vehicle (registration AXA 11) – production of documents and attendance under Order 38 RSC – admissibility of vehicle registration certificate – negligence and loss of dependency – effect of insurer’s settlement.
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13 April 2018 |
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Whether interlocutory applications belong to the High Court or Supreme Court of Appeal depends on their nature and timing; premature, deliberate breaches are dismissed.
Civil procedure — interlocutory applications in appeals — Order I r18 (first bring to Court below) — Order III r19 (Court seized after appeal entered) — premature filing of motions in Supreme Court of Appeal — deliberate non-compliance and refusal to waive under Order V r1.
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13 April 2018 |
| March 2018 |
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Court upholds a trial court's power to transfer sittings for security; bail pending appeal denied absent exceptional circumstances.
Criminal procedure – s73(3) transfer of proceedings – court may sit elsewhere for security; Criminal law – bail pending appeal – discretionary, requires unusual/special/exceptional circumstances or interests of justice; duty of full disclosure in affidavits.
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29 March 2018 |
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Second‑level appeal dismissed: confession and independent witness evidence upheld; no mandatory duty to read statutory defence at plea.
Criminal law — admissibility and weight of caution statements; Chisenga distinguished — presumption in Theft by Public Servant; hearsay versus direct evidence; statutory defence of reasonable belief on age — no mandatory plea‑stage notice; second‑level appeals limited to questions of law and cannot reopen sentence severity.
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29 March 2018 |
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Convictions for theft and money laundering quashed for insufficient proof of lack of legal entitlement and absence of a proven predicate serious offence.
Criminal law – Theft and money laundering – sufficiency of evidence and burden of proof; duplicity and particulars; section 201 witness-calling; money laundering requires proof of a ‘serious’ predicate offence; depositor/banker relationship and title to deposited funds.
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23 March 2018 |
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The appellant's unexplained delay and mere inadvertence did not justify condonation to appeal out of time.
Civil procedure – Appeals out of time – Condonation – "Good and substantial reasons" required – Inadvertence or unexplained delay insufficient – Court’s discretion to refuse condonation where delay excessive.
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20 March 2018 |
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Interlocutory injunction set aside where damages adequate and balance of convenience favoured realization of security.
Civil procedure – interlocutory injunctions – application of American Cyanamid guidelines; whether serious question to be tried on construction of guarantee; adequacy of damages as remedy; balance of convenience; creditor’s right to realise security unless guarantee expressly requires exhaustion of remedies (Sedam v Mwalubunju).
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20 March 2018 |
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Bail pending appeal must be decided by the "interests of justice" test; exceptional circumstances are not an absolute precondition.
Constitutional right to release and bail (s42); Bail pending appeal—governed by interests of justice, not rigid "exceptional circumstances" test; Statutory discretion under s24 Supreme Court of Appeal Act and ss355/359 Criminal Procedure Code; Three-stage enquiry for bail pending appeal (appealable issue; likelihood of success; interests of justice); Caution on reliance on call logs as proof of conspiracy.
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14 March 2018 |
| January 2018 |
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Application for stay pending appeal refused for lack of leave to appeal and absence of special circumstances; costs awarded to respondent.
Stay pending appeal – requirement for leave to appeal under Supreme Court of Appeal Act – discretionary refusal of stay; risk of injustice and prejudice test – competing interlocutory orders and abuse of process – availability of damages as alternative remedy.
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9 January 2018 |