Results.
379 judgments found.
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| 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 |
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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.
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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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Whether the appellant’s actions constituted anti-competitive exclusion under section 32(1) amid statutory allocation of licensing functions.
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Competition Law — Anti-Competitive Practices — Alleged prevention of market entry by a standards body — Application of s32(1) Competition and Fair Trading Act
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Administrative Law — Statutory Functions and Procedure — Interpretation of Number Plate Production System 2010; role of Bureau of Standards versus Road Traffic Directorate
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23 November 2018 |
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An appeal on liability alone is premature where damages remain unquantified; appeals should await a final, enforceable judgment.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |
| December 2017 |
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Application to stay assessment of damages pending appeal dismissed as premature and lacking evidence of irreparable prejudice.
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Civil procedure — Stay of proceedings pending appeal — interlocutory judgment where damages to be assessed — discretion to grant stay guided by risk of injustice — applicant must show inability to recover payments or special circumstances — prematurity of application to stay assessment; appropriate remedy is stay of execution after assessment.
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20 December 2017 |
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Applicant’s direct application for interim injunction refused; must apply to court below first and consent order barred variation without fresh action.
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Civil procedure — interim injunction pending appeal — requirement to apply first in the court below (Order I r 18) — leave to appeal — consent order as binding agreement not varied by summons — mortgage law — power of sale and balance of convenience.
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20 December 2017 |
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Court dismissed interim injunction to restrain bank sale due to procedural defects and weak substantive grounds.
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Civil procedure — Interim injunction pending appeal — Requirement to apply first in the court below (Order I r 18) — Leave to appeal required (proviso to s.21) — Consent order binding; variation requires fresh action — Mortgage law: reluctance to restrain power of sale where mortgagor defaults.
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20 December 2017 |
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An unconditionally admitted counsel has a right of audience that can only be removed by statutory procedure; Oberem v Oberem stands until set aside.
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Right of audience on admission to the bar; removal of right of audience only by statutory process; requirement for gazetting subsidiary legislation; Malawi Law Society standards; High Court/Chief Justice procedure to remove counsel’s standing; effect of Oberem v Oberem pending appeal.
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7 December 2017 |
| November 2017 |
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Court refused to adopt a 14‑day initial skeleton‑argument rule and ordered the record of appeal prepared by 15 December 2017.
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Civil procedure — case management — service and timing of skeleton arguments — whether appellants must file initial skeleton arguments within 14 days — precedential value of Anglia Book Distributors decision — adoption of domestic Practice Directions versus importation of English CPR practice — preparation of record of appeal.
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1 November 2017 |
| October 2017 |
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Court allowed amendment and late filing of skeleton arguments subject to costs payable within 60 days or before the hearing.
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Civil procedure — Appeals — Application to amend grounds of appeal — Application to file skeleton arguments out of time — Court’s discretion to allow lateness where delay is reasonably explained and any prejudice can be compensated by costs — Costs ordered payable within specified period, non-payment to attract procedural consequences.
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26 October 2017 |
| 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 |
| August 2017 |
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A judge’s prior legal views or comments do not mandate recusal absent a real possibility of bias.
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Judicial Recusal — Apprehended Bias — Real‑possibility test of the fair‑minded and informed observer
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Judicial Conduct — Extra‑judicial and Intra‑judicial Statements — Not automatically grounds for recusal; context, timing and tone determinative
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Bail — Bail Pending Appeal — Interests of Justice versus Exceptional Circumstances — Section 24(1) Supreme Court of Appeal Act; s355 Criminal Procedure and Evidence Code
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12 August 2017 |
| July 2017 |
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Leave to judicially review anti-corruption investigations denied; prosecutorial discretion and investigatory process upheld.
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Administrative law — Judicial review — Leave to apply — Prosecutorial discretion and investigatory powers under the Corrupt Practices Act — Delay and timeliness (Order 53 r.4) — Reasonableness and bad faith — Premature challenge to prosecution decision.
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19 July 2017 |
| June 2017 |
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Appeals from a registrar’s assessment of damages lie to the Supreme Court of Appeal; appeals to a judge in chambers are a nullity.
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Appeals — appellate jurisdiction governed by Supreme Court of Appeal Act — Registrars’ assessments of damages are judgments appealable to the Supreme Court of Appeal — Rule 3 of the High Court (Exercise of Jurisdiction of the Registrar) Rules does not displace Order 58, rule 2(1)(b) — appeal to judge in chambers on assessment was nullity — Civil Procedure Rules 1998 and Practice Directions relevant to permission and procedure.
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20 June 2017 |
| April 2017 |
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Supreme Court dismissed stay application as an abuse of process amid overlapping interlocutory proceedings and ordered each party to bear own costs.
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Civil procedure — Stay of execution pending appeal — Abuse of court process where multiple overlapping interlocutory applications pursued — Applicants must elect appropriate procedural route — Costs: each party to bear own.
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24 April 2017 |
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Applicant must exhaust tax-law remedies; no stay granted where Commissioner General had already determined the appeal.
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Tax procedure — stay of execution — whether stay appropriate where Commissioner General has determined appeal within statutory period; requirement to exhaust statutory tax remedies; Court’s inability to stay proceedings before Commissioner General; adjournment and substitution of counsel.
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24 April 2017 |
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11 April 2017 |
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A stay cannot be granted where there is no execution because the judgment has been paid into court pending appeal.
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Civil procedure — Stay of execution — Where judgment ordered paid into court pending appeal there is no execution to stay; application for stay of 'phantom execution' is misconceived — Leave to appeal not required merely because judgment delivered in chambers.
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11 April 2017 |
| March 2017 |
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Interlocutory injunction refused where statutory employment dismissal raised private law issues and damages were adequate.
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Interlocutory injunctions — American Cyanamid principles — employment versus judicial review (Order 53) — statutory postholder dismissal — doctrine of necessity on bias — adequacy of damages; Electoral Commission Act s.12.
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6 March 2017 |
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Destruction and non-preservation of electoral materials by the Electoral Commission justified a re-run; appellant’s election invalidated.
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Electoral law — preservation of electoral materials — s119 PPEA; Election petitions — standard of proof — satisfaction of the court; Destruction of ballot boxes — adverse inference where custodian fails to preserve evidence; Recount frustrated — re-run as appropriate remedy; Notification of interested candidates and procedural fairness.
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6 March 2017 |
| February 2017 |
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An ex parte interim injunction against a minister, granted without a proper application or evidence, was vacated; judicial review procedure must follow CPR 1998.
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Civil procedure — Judicial review procedure (Part 54 CPR 1998) — Interim remedies (Part 25) — Ex parte interlocutory injunctions — Vacatur where no specific application or evidence — Grant of leave does not automatically result in injunction or stay — Commissions of inquiry — resignation/suspension of public officers — interpretation of "Rules of the Supreme Court 1999" as CPR 1998 (26 April 1999).
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8 February 2017 |
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The appellant's purchase and possession of customary land created an equitable proprietary interest defeating the first respondent's later lease.
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[Customary land] Nature of customary land title; sui generis proprietary interest; vesting in President does not negate intermediary proprietary rights; sale/alienation of customary land subject to customary law; equitable interest arising on contract and part performance/possession; purchaser in possession gives notice; appellate rehearing powers; trespass and damages for unlawful construction.
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8 February 2017 |
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Where joint ownership was intended but contributions are indeterminate, courts may award each party a 50% beneficial interest.
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Family law — division of matrimonial property; matrimonial/home converted properties — equality is equity where contributions indeterminate; contribution to development as basis for beneficial interest; household expenditures insufficiently particularised to establish proprietary claim; custody does not automatically entitle provision of a home; child maintenance and school fees — shared responsibility
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2 February 2017 |
| January 2017 |
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Delay, non‑prosecution and procedural defects justify refusal of stay and refusal to certify a defective constitutional referral.
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Civil procedure — stay of execution — default judgment — laches and non‑prosecution; Criminal procedure — section 302A CPEC — applicability where accused not charged; Constitutional procedure — referral/certification under Rule 8 and Chief Justice’s role — originating motion required for non‑referral constitutional challenges; Court’s duty to assess substantiality before referral; Registry and drafting obligations.
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24 January 2017 |
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Expired statutory custody limits make detention unlawful; bail decisions must follow custody rules and Bail Guidelines.
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Constitutional right to release — s.42(2)(e); Custody time limits — ss.161A–161J CPEC mandatory; No power to extend time after expiry except as statutorily provided; Bail incidental to release; Bail Guidelines Act — mandatory factors and information duty; Juvenile protections; Remittal for reconsideration.
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11 January 2017 |
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Failure to apply mandatory Bail Guidelines and exceeded custody time limits justified bail pending appeal.
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Criminal procedure — bail — distinction between constitutional right to release (s.42(2)(e)) and statutory bail (s.118) — applicant must prove threshold facts; State bears evidential burden. Bail (Guidelines) Act and Guidelines mandatory — courts must consider all prescribed factors and may order production of missing information. Custody time limits (s.161A–161J) binding — detention beyond limits requires release. Bail pending appeal — application should accompany notice of appeal but Court may waive and hear it. Single member cannot determine substantive bail appeal; full court required
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9 January 2017 |
| November 2016 |
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Court granted leave and a seven‑day extension to appeal due to delayed judgment delivery and non‑notification.
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Civil Procedure
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Appeals — Enlargement of time to appeal — Good and substantial reasons and prima facie grounds required — Order III r 4, Supreme Court of Appeal Rules
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Leave to appeal out of time — Delay caused by late delivery and non‑notification of judgment — Excusing delay
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Procedural law — Inapplicability of High Court Rules/Rules of Supreme Court to Supreme Court of Appeal — Supreme Court of Appeal Act governs practice
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9 November 2016 |
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9 November 2016 |
| October 2016 |
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27 October 2016 |
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A single Justice lacks power to hear appeals or premature interlocutory injunction applications; appeal must be entered and heard by a three‑judge panel.
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Appeal procedure — Jurisdiction of single Justice of Supreme Court of Appeal — Section 7 SCA Act — Entry of appeal and record settlement under Order III rules 5–19 (rules 10–11, 19) — Interlocutory injunction pending appeal — Prematurity and abuse of process.
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24 October 2016 |
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10 October 2016 |
| September 2016 |
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Applicant must prove special circumstances or inability to repay to secure a stay of execution pending appeal.
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Civil procedure — Stay of execution pending appeal — Assessment of interest — Adjournment discretion of Assistant Registrar — Balance of justice and requirement to show special circumstances or inability to repay — Undertaking to repay.
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18 September 2016 |