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Citation
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Judgment date
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| November 2021 |
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Summary judgment was improperly granted where injunction defence, third‑party proceedings, and an unliquidated loss‑of‑profits claim required a trial.
Civil procedure – Summary judgment and judgment on admission – Defendant’s affidavit and defence raising triable issues – Third‑party proceedings not an admission of liability – Unliquidated loss of profits requiring assessment – Requirement for reasons in judgment.
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30 November 2021 |
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30 November 2021 |
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The claimant’s constitutional challenge to electoral appointments was struck out as res judicata, an appeal in disguise, and an abuse of process.
Constitutional law – electoral commission composition – res judicata – appeal in disguise – jurisdiction of constitutional panel – section 42 General Interpretation Act – section 75 Constitution – locus standi – Civil Procedure (Suits by/against Government) Act s4 notice – ex turpi causa – abuse of process.
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26 November 2021 |
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The applicant cannot claim posthumous pain and suffering; respondent liable for loss of dependency and expectation of life damages.
Road-traffic negligence – assessment of damages – loss of expectation of life – loss of dependency (multiplicand and multiplier) – proof of earnings and special damages – posthumous pain and suffering claim inadmissible.
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19 November 2021 |
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Court granted a stay of execution pending appeal due to a strong jurisdictional challenge and high likelihood of success.
Stay of execution — discretionary relief — guided by balance of convenience, balance of justice and likelihood of success on appeal; jurisdictional challenge — strong prospect of success may justify stay; execution rendering appeal nugatory; costs to successful applicant.
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10 November 2021 |
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A party must first seek stay of execution from the lower court; SCA vacated an ex-parte stay for non-exhaustion of remedies.
Civil procedure – appeals – interim relief – stay of execution pending appeal – Order 1 Rule 18 requires applications first to be made to Court below – ex-parte stay vacated where lower court had fixed hearing date and remedies not exhausted – section 22(1)(d) SCA Act inapplicable for such intervention.
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10 November 2021 |
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A suing party cannot invoke an arbitration clause to obtain a stay; the ex parte injunction was vacated and matter remitted.
Arbitration clause — stay of proceedings — suing party cannot rely on arbitration to obtain stay; Interim ex parte injunction — effectively permanent relief — vacated; Legal practitioners — practising licence expiry — documents not automatically invalid; Law firm signature — does not of itself render processes a nullity; Courts' jurisdiction — separability and when stay is appropriate.
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3 November 2021 |