Results.
11 judgments found.
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| June 2024 |
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Application for permission to apply for judicial review dismissed for failing to follow the correct procedural provisions.
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Civil procedure — Judicial review — Procedure for seeking permission after High Court refusal — Supreme Court of Appeal Act s.8 and CPR 1998 Part 52.15 govern practice — Incorrect reliance on SCA s.7, Order II, or High Court Order 19 rules — Procedural incompetence warrants dismissal; interlocutory relief falls away.
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14 June 2024 |
| April 2024 |
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A stay pending appeal requires a competent notice of appeal and leave to amend grounds; absent these, stay is denied.
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Civil procedure — Stay of execution pending appeal — Competent notice of appeal required — Grounds of appeal cannot be amended without leave — Order I r18 SCAR is not the enabling provision for stay — Arguability and risk of nugatory appeal test.
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12 April 2024 |
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An inchoate judgment is not appealable, so a stay pending appeal was dismissed; the preliminary objection was procedurally defective.
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Civil procedure — Preliminary objections — procedural compliance and minimum notice; Inchoate judgments — part of relief reserved for later assessment; Appealability — inchoate judgments not appealable; Stay of execution pending appeal — incompetent when judgment is inchoate.
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10 April 2024 |
| March 2024 |
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Leave and extension granted to challenge sentencing disparity; bail pending appeal refused.
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Criminal procedure — Leave to appeal and extension of time — Sentencing uniformity between co-accused — Bail pending appeal — Supervisory nature and limits of High Court criminal review.
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15 March 2024 |
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Court refuses anti‑arbitration injunction, sanctions non‑disclosure in ex‑parte proceedings, and enforces arbitration agreements.
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Civil procedure
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— Interlocutory jurisdiction — Applicability of Order I Rule 18; SCA jurisdiction only triggered where same application and material was first refused in High Court
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— Ex‑parte relief — Duty of full and frank disclosure; failure to disclose prior court directions justifies setting aside order
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Arbitration law — Anti‑arbitration injunctions — Courts should respect arbitration agreements and refrain from granting anti‑arbitration injunctions except in limited cases (fraud, impartiality)
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14 March 2024 |
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14‑day deadline for skeleton arguments runs from filing the record of appeal in this Court; stay of execution maintained and application dismissed.
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Civil procedure — stay of execution — Practice Direction No.1 of 2010 — 14‑day period for skeleton arguments runs from filing of record of appeal in Supreme Court of Appeal; non‑compliance may be waived or time enlarged; balance of justice and preservation of jurisdiction guide discharge of stay.
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14 March 2024 |
| February 2024 |
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Application to vacate stay dismissed for lack of SCA jurisdiction due to absence of a pending or contemplated appeal.
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Appellate jurisdiction — Order I Rule 18 SCA Rules — stay of execution — requirement of a pending or contemplated appeal — inchoate appeal — judicial review precedents not a jurisdictional cure.
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29 February 2024 |
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Summary judgment was reversed and remitted where pleadings raised triable issues; defective and unnotified grounds were struck or expunged.
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Civil procedure — Summary judgment/judgment on admissions — Only appropriate where no defence and no triable issues on pleadings; Procedural compliance — obligation to file skeleton arguments, list of authorities and authorities — failure may justify denial of audience and refusal of extension; Appeals — Grounds of appeal must comply with form and notice requirements — defective grounds may be struck or expunged.
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27 February 2024 |
| January 2024 |
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Where no appeal is pending, the SCA will not entertain fresh injunction applications; section 4 and 10 bar relief against government.
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Civil procedure — jurisdiction of the Supreme Court of Appeal to hear original interlocutory applications; Order 1 r.18 and s.7 SCA Act; distress for rent — adequacy of damages; injunctions against Government/public officers — s.10 and mandatory pre‑suit notice under s.4; equitable relief and clean hands rule.
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11 January 2024 |
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This Court lacked jurisdiction under Order I r18 to grant a stay of an IRC award governed by section 65(3) of the Labour Relations Act.
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Labour Relations Act s65(3) — stay of execution — concurrent jurisdiction of IRC and High Court — Order I r18 SCA Rules — limits of Supreme Court of Appeal jurisdiction — requirement of statutory conferment of jurisdiction.
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10 January 2024 |
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Interlocutory application dismissed for being improperly filed and premature without exhausting internal party dispute-resolution mechanisms.
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Political party disputes — justiciability; exhaustion of internal remedies (Article 18) before judicial intervention; Supreme Court of Appeal jurisdiction — improper reliance on s.7 and Order I r.18; interlocutory judgments and appealability under s.21; interlocutory injunctions — procedural prematurity.
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3 January 2024 |