Results.
375 judgments found.
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| 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.
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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 |
| October 2021 |
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Appeal allowed in part: special damages must be pleaded and proving; new‑vehicle price is improper benchmark for second‑hand sale.
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Civil procedure — leave to appeal — timing and curable irregularity; Pleadings — general v special damages — necessity to plead and prove special damages; Measure of damages — appropriate benchmark for second‑hand goods; Over‑compensation and assessment of quantum.
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28 October 2021 |
| September 2021 |
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Claimants succeed on false imprisonment and costs; malicious prosecution fails for reasonable cause; loss of earnings referred to industrial court.
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False imprisonment — defendant’s agent handed claimants to police — liability; Malicious prosecution — requirement of absence of reasonable and probable cause and malice; CCTV and investigative evidence as basis for reasonable cause; Referral of loss of earnings/unfair dismissal claims to Industrial Relations Court; Costs awarded where defendant failed to challenge uncontested evidence.
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6 September 2021 |
| July 2021 |
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7 July 2021 |
| June 2021 |
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Appeal dismissed with costs for failure to comply with Practice Direction and to prosecute the appeal.
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Civil procedure — non-compliance with Practice Direction No.1 of 2010 — failure to file skeleton argument/chronology/list of authorities — dismissal for failure to prosecute — injunction proceedings.
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22 June 2021 |
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Appeal dismissed where appellants failed to comply with pre-hearing protocols, indicating abandonment and wasting court time.
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Civil procedure — Compliance with Practice Direction No.1 of 2010 — Failure to file skeleton arguments, chronology and authorities — Inference of abandonment — Dismissal of appeal for failure to prosecute — Costs.
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6 June 2021 |
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Whether jointly-acquired matrimonial land vests in the surviving spouse by survivorship or forms part of an intestate estate.
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Constitutional property rights — section 24(1)(b)(i),(ii) — interpretation of “property held jointly during marriage” — matrimonial property and survivorship — Deceased Estates (Wills and Inheritance) Protection Act — Marriage, Divorce and Family Relations Act — inter vivos dispositions vs intestacy — survivor’s proprietary rights — need for letters of administration.
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6 June 2021 |
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Jointly acquired matrimonial property vested in the surviving spouse by survivorship; no administration necessary; section 24 mandates broad fair-disposition principles.
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Constitutional and family property law — Interpretation of section 24 (property rights of women) — Meaning of "property held jointly" — Survivorship of jointly held property — Scope of Deceased Estates (Wills and Inheritance) Protection Act and Marriage, Divorce and Family Relations Act — Administration of estates and requirement for letters of administration.
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6 June 2021 |
| April 2021 |
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A sentencing rehearing in the High Court is the appropriate constitutional remedy for sentences imposed under the invalid mandatory death provision.
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Constitutional law — mandatory death penalty — Kafantayeni and Yasini — remedy of sentencing rehearing under ss. 46(2)–(3) and 108(2) — res judicata and stare decisis inapplicable to constitutional resentencing remedy — reception of post-conviction mitigation evidence — management directions for resentencing.
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28 April 2021 |
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21 April 2021 |
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13 April 2021 |
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An appeal from the Industrial Relations Court must raise questions of law or jurisdiction, not re-litigate factual findings.
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Labour law — Appeals from Industrial Relations Court — Section 65(2) LRA confines appeals to questions of law or jurisdiction; factual findings of IRC final and binding — Appellate consideration of facts limited to assessing whether law was correctly applied to found facts — Procedural requirements for grounds of appeal (Order III r.2 SCA Rules) — Inchoate appeals.
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13 April 2021 |
| November 2020 |
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16 November 2020 |
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5 November 2020 |
| October 2020 |
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2 October 2020 |
| September 2020 |
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30 September 2020 |
| August 2020 |
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24 August 2020 |
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24 August 2020 |
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21 August 2020 |
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Convictions for forgery and attempted theft confirmed; forgery sentence reduced, lawyer admonished and referred for disciplinary inquiry.
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Criminal law — Forgery of court instruments — Sentence review and reduction — Plea of guilty and mitigation — Automatic review without oral hearing under s.363(2) (COVID‑19) — Professional misconduct: admonition and referral to Disciplinary Committee under Legal Education and Legal Practitioners Act.
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13 August 2020 |
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Registrar has discretion on counsel numbers; care and conduct allowed and taxed at 100%, with specified sums payable in 30 days.
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Costs taxation — Registrar's discretion on number of counsel; care and conduct fees allowable under Courts (High Court) (Civil Procedure) Rules, 2017; percentage uplift for care and conduct — 100% awarded for a complex appeal; payment within 30 days.
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10 August 2020 |
| July 2020 |
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Appellate court found instalment order unsupportable without full disclosure and ordered fresh financial inquiry.
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Civil procedure — Payment of judgment debt by instalments — Order 28 r.62 — full, frank and honest disclosure of debtor's means — balancing creditor and debtor interests — appellate review of discretionary orders — trading debt.
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29 July 2020 |
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Court allowed appeal—instalment order set aside for insufficient disclosure and failure to balance creditor’s interest; matter remitted for full financial determination.
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Civil procedure — Payment of judgment by instalments — Order 28 rule 62 — Full, frank and honest disclosure of debtor’s means — Balancing creditor and debtor interests — Discovery from non-parties — Appellate interference with discretionary orders.
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29 July 2020 |
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Convicted prisoner granted bail pending appeal due to excessive five-year delay; COVID-19 risk insufficient for serious murder sentence.
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Criminal procedure — Bail pending appeal — Post-conviction bail requires applicant to show special/exceptional circumstances — Prolonged delay in delivery of appeal judgment as ground for bail — COVID-19 risk not automatically sufficient for serious offences — Conditions: bond, deposits, sureties, surrender of travel documents, reporting and travel restrictions.
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10 July 2020 |
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A bona fide purchaser’s court‑sanctioned, registered property cannot be seized; seizure varied and rents restored to the appellant.
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Corrupt Practices Act — seizure and freezing warrants; Registered Land Act s.25 — protection of proprietor and bona fide purchaser; ex parte applications and disclosure of material facts; ‘‘technical dissipation’’ unsupported; inordinate prosecutorial delay; variation of seizure and restoration of funds.
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1 July 2020 |
| May 2020 |
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Court annulled presidential return for pervasive procedural irregularities, held majority means 50%+1 of votes cast, ordered fresh election and costs against the Commission.
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Electoral law — burden and standard of proof in election petitions (prima facie burden on petitioner; evidential shift to Commission on balance of probabilities) — irregularities (Tippex/altered, duplicate/fake/uncustomised/reserve/unsigned tally sheets; unlawful Constituency Tally Centres; unresolved complaints) — Commission's quasi-judicial complaints power non-delegable — interpretation of 'majority of the electorate' (section 80(2)) as 50% + 1 of votes cast — Attorney General's role in constitutional referrals.
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8 May 2020 |
| February 2020 |
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18 February 2020 |
| November 2019 |
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Stay application dismissed as premature; notice of appeal struck out for failure to serve and prosecute.
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Civil procedure — stay pending appeal — prematurity where no enforcement order obtained; Order I r18 — first seek stay in lower court; failure to serve notice of appeal and to prosecute appeal — striking out; failure to serve skeleton arguments — sanction.
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7 November 2019 |
| August 2019 |
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Whether interlocutory and case-management decisions are appealable and should be interfered with; appeal dismissed with costs.
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Appealability — Sections 21 and 23 Supreme Court of Appeal Act; procedural requirements — Notice of Appeal; interlocutory orders and case-management; appellate interference with exercise of judicial discretion; dismissal with costs.
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15 August 2019 |
| July 2019 |
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High Court lacked jurisdiction; Director immune absent bad faith; regulations and closure orders were lawful and reasonable.
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Environmental law — Director’s statutory immunity; prerequisite to sue: proof of bad faith — Jurisdiction: requirement to exhaust Environmental Appeals Tribunal remedies before High Court judicial review — Subsidiary legislation reviewable for reasonableness (Kruse/Wednesbury) but courts defer to policy and local circumstances — International instruments (Basel, SADC) enable domestic regulation, do not impose specific micrometer standards.
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31 July 2019 |
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Applicant failed to prove respondent liable for crop loss from experimental barn due to lack of evidence and agency link.
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Contract farming — agronomy services — experimental tobacco barns — agency — vicarious liability — negligence — particulars of negligence — burden of proof — causation — quantum of loss.
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19 July 2019 |
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High Court lacked jurisdiction after an Ombudsman determination; the correct remedy was review under section 123(2), so appeal dismissed.
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Administrative law — Ombudsman determinations — compliance or judicial review under section 123(2) of the Constitution — jurisdiction of High Court — forum-shopping and nullity of proceedings where review remedy available.
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17 July 2019 |
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High Court lacked jurisdiction over a dispute already determined by the Ombudsman; review under the Constitution was the proper remedy.
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Administrative law — Ombudsman determinations — must be complied with or reviewed under Constitution s123(2); forum shopping prohibited; High Court lacked jurisdiction; proceedings nullity.
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17 July 2019 |
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High Court may vary Supreme Court bail conditions for good cause, but Hajj travel denied due to flight risk.
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Bail — Variation of conditions — High Court’s power to vary bail conditions granted by superior court — Flight risk — Travel for religious pilgrimage (Hajj) refused.
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10 July 2019 |
| June 2019 |
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26 June 2019 |
| April 2019 |
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Court taxed the claimant’s costs after itemised reductions, awarding K4,310,584.75 in recoverable costs.
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Costs — taxation — standard basis — reasonableness and proportionality of items; hourly rate; instruction fees on assessment proceedings; disallowance of duplicate discovery items; allowance for out‑of‑court negotiations; general care and conduct set at 50%.
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23 April 2019 |
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16 April 2019 |
| February 2019 |
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Ex parte leave for judicial review requires a prima facie arguable case; ministerial appointments/commissions are generally non‑justiciable and NGOs lacked standing.
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Judicial review — leave to apply — prima facie/clearly arguable case required; Executive powers/prerogative — reviewability depends on subject‑matter and justiciability; Appointment/suspension of ministers and appointment of commissions of inquiry generally non‑justiciable absent statutory/constitutional underpinning or infringement of individual rights; Locus standi — NGOs must show a particular legal interest affected; Affidavit/mandate — deponent must demonstrate authority to represent trustee organisations.
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13 February 2019 |
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Loss-of-use damages compensate unavailability of a chattel when called upon, not only days it was actually used; mitigation limits period.
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Sale of Goods/Consumer Protection — breach of contract — damages for loss of use of a chattel — measure and period of loss-of-use; mitigation by purchase of replacement; assessment of damages beyond sporadic actual use.
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13 February 2019 |
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First appellant’s convictions for misuse of public office and neglect upheld; second appellant’s convictions on uncharged counts quashed.
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Corrupt Practices Act s25B(1) — misuse of public office; Penal Code s121 — neglect of duty; prima facie threshold at close of prosecution; circumstantial evidence and chain of inference; admissibility of secondary/public documents; conviction not permissible for offences not charged.
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13 February 2019 |
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Whether bail pending appeal should be granted; court may grant pre-hearing bail and virtual hearings can satisfy public-trial requirements.
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Criminal procedure — Bail pending appeal — Interpretation of section 24 Supreme Court of Appeal Act — Applications not necessarily premature pre-hearing; Public trial — virtual/remote hearings and constitutional public-access requirement; Exercise of discretion — consider all circumstances (Macdonald Kumwembe); Alleged trial irregularities and health claims require substantiation.
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13 February 2019 |
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Acquittal where identification was unreliable and the prosecution failed to disprove the applicant’s alibi.
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Criminal law — Murder — Identification evidence and Turnbull guidelines for dock recognition — Alibi defence and burden on prosecution to disprove alibi — Insufficiency of circumstantial evidence — Acquittal for reasonable doubt — Police investigative failures.
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12 February 2019 |
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Conviction quashed where identification was unreliable, the alibi was not disproved and the State failed to prove weapon issuance or deployment.
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Criminal law — identification evidence — dock recognition — Turnbull principles — alibi defence — burden on prosecution to disprove alibi — circumstantial evidence insufficiency — failure to prove issuance/deployment of weapon — conviction quashed.
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12 February 2019 |
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Retrenched employees entitled to reassessed individual compensation; severance payments under s35 deductible from awards.
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Employment law — retrenchment and unfair dismissal — consultation requirements; Section 57(2) (capacity/conduct) — limited application to redundancy; Section 61(2) — justice and equity in dismissal; Section 35 — severance allowance independent and deductible from compensation; assessment of damages — individualised assessment required.
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11 February 2019 |
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11 February 2019 |
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Whether appellants benefited from a later amendment to sentencing law (lex mitior); court held amendment not milder and dismissed appeal.
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Criminal law — sentencing — lex mitior (retroactive application of milder penal law) — General Interpretation Act s14 (savings on repeal and re‑enactment) — theft by public servant — mandatory minimum sentences — appellate limits under S.11(2) Supreme Court of Appeal Act.
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7 February 2019 |
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Amendment to Penal Code did not confer retroactive benefit; appeal limited to law, conviction and sentence confirmed.
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7 February 2019 |
| November 2018 |
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An appeal is premature where liability is decided but damages remain unassessed; only final judgments are ordinarily appealable.
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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.
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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.
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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 |