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Citation
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Judgment date
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| July 2016 |
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20 July 2016 |
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18 July 2016 |
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11 July 2016 |
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Official bank letters and scanned cheque images may be admissible when tendered by a competent bank officer to show payments despite electronic anomalies.
Evidence — Hearsay — admissibility of official bank correspondence and scanned cheque images; Bankers' Books Evidence Act; competency of bank officer to tender bank records; proof on balance of probabilities where electronic records conflict with other corroborative evidence.
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4 July 2016 |
| June 2016 |
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Whether an e-mail and expert report establish a clear admission supporting judgment for an unmerchantable, unfit vehicle.
Judgment on admission — admissibility of confidential third‑party e‑mail — discretion under Order 16 — privacy and improperly obtained evidence — implied conditions: fitness for purpose and merchantable quality — seller/agent liability — expert report on roadworthiness.
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22 June 2016 |
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19 June 2016 |
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Failure to file skeletons or delayed record alone did not justify dismissal; appellant must file skeletons 14 days after filing notice of appeal.
Practice Direction No.1 of 2010 – paragraph 1(a)(i): appellant must file skeleton arguments within 14 days of filing the notice of appeal; Supreme Court of Appeal Rules – Order 3 (appeal brought by filing notice of appeal; record filing and registry duties); preparation of record – appellant responsible subject to High Court supervision and registrar duties; dismissal for want of prosecution – principles (inordinate/inexcusable delay, prejudice, contumelious default); delay shared among parties and registry – dismissal refused; timetable and costs ordered.
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3 June 2016 |
| May 2016 |
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25 May 2016 |
| April 2016 |
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Employees’ statutory priority on insolvency does not defeat a mortgagee’s proprietary rights over charged property absent winding-up or a subsisting floating charge.
Employment law – s34(3)(d) Employment Act – priority of employee claims on insolvency or winding up – does not trump proprietary rights of mortgagee/chargee over charged property.; Companies Act – debenture/charge – mortgage as debenture; floating charge v fixed charge – crystallisation on demand and appointment of receiver; Registered Land Act s72 – application of sale proceeds of charged property; receivership by chargee distinct from insolvency or winding-up.
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25 April 2016 |
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Prolonged failure to pay purchase price repudiated the sale; registration did not defeat seller's lien or bar repudiation.
Contract for sale of land – existence of contract despite staged completion; time for payment not prima facie of the essence; prolonged non-payment as repudiation; vendor’s lien and overriding interests under Registered Land Act preserved; laches and clean hands bar specific performance.
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25 April 2016 |
| March 2016 |
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Appeal from a Registrar's assessment of damages lies to the Supreme Court of Appeal under Order 58 RSC; strike-out application dismissed.
Civil procedure — Appeal from assessment of damages by Registrar — Order 58(2)(b) RSC (1999) — Applicability of Rules of the Supreme Court versus Civil Procedure Rules — Interpretation of section 29 Courts Act.
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21 March 2016 |
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21 March 2016 |
| October 2015 |
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Original court must make a written determination before submitting Form 3; referrals under Section 9(2) are not automatic.
Constitutional referrals — Section 9(2)–(3) Courts Act — Rule 8(1) Form 3 procedure — original court must determine necessity before referral — Chief Justice certification distinct and judicial — single judge constitutional jurisdiction retained.
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28 October 2015 |
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The applicant’s vague and prolix grounds of appeal failed to comply with Order III r.2 and were struck out, dismissing the appeal.
Civil procedure — Appeal — Notice and Grounds of Appeal — Order III r.2(2),(3),(4) SCA Rules — requirement to state particulars of error, be concise and not vague — strike out of incompetent grounds; Appellate restraint — deference to trial judge credibility findings; Proof of special damages — burden and quality of evidence.
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20 October 2015 |
| September 2015 |
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Unexplained two-year delay failed to establish "good cause" under section 349(4); leave to appeal out of time denied.
Criminal Procedure — Appeals out of time — Section 349(4) Criminal Procedure and Evidence Code — Meaning of "good cause" — Condonation discretionary — Applicant must give bona fide, adequate explanation for delay — Inordinate unexplained delay warrants refusal.
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29 September 2015 |
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Whether a signed reference to standard terms incorporated an exclusion clause that barred negligence liability, and whether an unargued consumer-protection statute could be applied.
Contract law – incorporation of standard terms by signature; Exclusion clauses – construction and coverage of negligence; Consumer Protection Act – statutory prohibition on contractual exclusion of supplier liability; Appellate procedure – limits on deciding statutes not pleaded or argued.
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9 September 2015 |
| August 2015 |
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21 August 2015 |
| July 2015 |
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Court set aside a single-judge stay of execution for failure to establish special circumstances, allowing creditor to enforce the judgment.
Civil procedure — Stay of execution pending appeal — Section 7 Supreme Court of Appeal Act — powers to vary single-member orders — after full trial, deference to trial judge’s findings — stay exceptional: requires special circumstances/real prospects/irreparable harm or risk of rendering appeal nugatory — obligation to disclose financial position — balance of convenience and justice; (dissent) compromise and risk of ruin may justify conditional stay.
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15 July 2015 |
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A pre-judgment compromise ends the lis; appeal without leave is incompetent, so stay pending appeal dismissed despite triable issues.
Mortgagee power of sale — interim injunction pending appeal — compromise/consent judgment ending the lis and effect on appellate jurisdiction — economic duress and unconscionable conduct — mortgagee's duty to obtain fair market price, adequate valuation and advertising.
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8 July 2015 |
| June 2015 |
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30 June 2015 |
| May 2015 |
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Commercial Division lacked jurisdiction; Limitation Act is a defence only; adverse possession not proved.
Commercial Division – jurisdiction – O.1 r.4(2) and r.5 – High Court S.108 does not permit Commercial Division to hear non-commercial matters; parties’ acquiescence cannot confer jurisdiction; Limitation Act (s.6) is a defence only (shield not spear); adverse possession – requirements for factual possession, exclusivity and animus; originating summons inappropriate where facts are disputed.
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31 May 2015 |
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Statutory pre-trial detention limits do not strip courts of constitutional discretion to refuse bail in the interests of justice.
Constitutional supremacy — pre-trial custody time limits (Sections 161G & 161I C.P. & E.C.) do not displace Section 42(2)(e) 'interests of justice' bail discretion; post-expiry bail applications remain discretionary; prior escape and lengthy evasion justify refusal as flight risk; State negligence in prosecuting may trigger conditional release.
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18 May 2015 |
| February 2015 |
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Whether the bank waived security requirements, caused the borrower's losses, and lawfully realised charged property.
Banking and secured transactions — loan facility vs overdraft; waiver/variation by conduct; causation for consequential trading losses; validity of statutory demand; exercise of power of sale — duty to act in good faith, adequate valuation and chargor's interests; res judicata.
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25 February 2015 |
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Summary dismissal for theft was unlawful due to lack of a fair hearing; compensation assessed under statutory formula.
Employment law – unfair dismissal – summary dismissal for theft – procedural fairness (right to be heard) – compensation under s63(4)–(5) – assessment of damages – limits on drawing inferences (Order 59 Rule 2).
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6 February 2015 |
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5 February 2015 |
| August 2014 |
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Missing judge’s summing-up in a jury trial rendered convictions unsafe; convictions set aside and surviving appellants released.
Criminal procedure – jury trials – importance of judge’s summing-up and directions; Incomplete trial record – missing summing-up may render convictions unsafe; Reconstruction of missing record – impracticable after long delay; Remedy – setting aside conviction and considerations for retrial; Delay in custody – may preclude ordering retrial.
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28 August 2014 |
| May 2014 |
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Failure to seek stay and leave in the lower court precludes Supreme Court jurisdiction; costs ordered against appellant’s counsel.
Civil procedure – stay pending appeal – Order 59/13/9 RSC requires stay applications first to the court below; leave to appeal under s.21 Supreme Court of Appeal Act required before Court assumes jurisdiction – urgency and holiday do not justify bypassing prescribed procedure – costs against counsel for procedural misconduct.
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13 May 2014 |
| January 2014 |
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Court ordered immediate release, holding that continued 21‑day detention and disproportionate monetary conditions were unlawful.
Bail — interests of justice; unlawful conditional release (granting bail yet ordering continued detention); incomplete investigations insufficient to justify remand; proportionality and clarity of bail conditions; preservation of alleged proceeds via cautions.
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28 January 2014 |
| October 2013 |
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Appeal remitted for full trial because the High Court wrongly proceeded under Order 14A despite disputed facts.
Civil procedure – Order 14A (summary disposal) – Preliminary determination of whether facts are substantially in dispute – Improper resolution of contested facts on summary procedure – Remittal for full hearing; costs to remain in cause.
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29 October 2013 |
| April 2013 |
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Stay of execution of 20% gross‑income maintenance denied where applicant had not complied and showed no compelling reasons.
Family law — Maintenance — Application for stay of execution of maintenance order (20% of gross income) pending appeal — Courts reluctant to stay execution absent compelling reasons — Applicant’s non‑compliance (clean hands) undermines entitlement to stay — Enforcement unlikely to render appeal nugatory.
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24 April 2013 |
| November 2012 |
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Whether written notice and written responses can satisfy the right to be heard in disciplinary dismissal and affect entitlement to terminal benefits.
Employment law — unfair dismissal — right to be heard — written versus oral hearing — summary dismissal for absenteeism/misconduct — effect of employer’s erroneous written representations on terminal benefits.
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14 November 2012 |
| December 2010 |
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Failure to prosecute appeal and lack of good reasons warranted refusal of extension of time; appellant bears primary duty to prepare record.
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2 December 2010 |
| November 2010 |
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Where allegations are serious and accounts conflict, employers must afford an employee a meaningful hearing, often an oral one with opportunity to confront witnesses.
Employment law – Right to be heard – Section 57(2) Employment Act – Oral hearing not always required but necessary where allegations are serious and evidence is contradictory – Opportunity to confront and cross-examine witnesses – Procedural unfairness and unfair dismissal.
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24 November 2010 |
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Whether dismissal for alleged theft was fair despite the accuser not being called at the disciplinary hearing.
Employment law — dismissal for theft — corroborative documentary evidence (meter readings) — procedural fairness and right to confront accuser — section 59(1)(a) summary dismissal — section 61(2) equity.
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11 November 2010 |
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Fresh evidence proving company’s public status admitted on appeal where necessary for justice and where counsel misled the trial court.
Fresh evidence on appeal – Order III r.24 – two limbs (broad discretion for furtherance of justice; narrower post-decision facts limb) – relationship to Ladd v
Marshall – admissibility of company documents filed with Registrar – effect of counsel’s misleading conduct
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10 November 2010 |
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Possession gives locus standi in trespass; trespass and assault upheld, but damages substantially reduced on appeal.
Company law — separate legal personality; Possession as locus standi in trespass; Trespass to land — unauthorised interference with possession; Public right of way defence — requirement to plead and prove; Assault — liability of agents/employees; Appellate review of damages — re-assessment where award is manifestly excessive.
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3 November 2010 |
| October 2010 |
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Leave to appeal out of time refused where proposed appeal lacked prospects and vehicle-damage claim had no evidential basis.
Employment law — unlawful dismissal for polygamous marriage — distinction between criminal prohibition (s.5) and unfair dismissal remedies (s.58, s.63) — leave to appeal out of time—prospects of success—damages for employee's motor vehicle; remoteness and nexus.
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13 October 2010 |
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Whether a time‑limited ex‑parte injunction lapses without inter‑partes application, and whether affixation service under Order 10 r 4 is valid.
Civil procedure — ex‑parte interlocutory injunction — effect of time‑limited ex‑parte orders and requirement to apply inter‑partes; equity (clean hands) not a substitute for procedural non‑compliance
Service — Order 10 r 4 affixation to land is exceptional and requires prior court/Registrar authorisation; irregular service may be irregular but not necessarily nullifying (Order 2 r 1)
Property — possession, trespass and propriety of prohibitory injunctions
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12 October 2010 |
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Appeal against compensation for unfair dismissal dismissed; appellate court will not disturb discretionary 15-month award absent perversity.
Employment law – Unfair dismissal – Compensation under section 63 of the Employment Act – Judicial discretion in awarding compensation – Factors: immediate and future loss, mitigation, age, fitness, qualifications, and contributory conduct – Appellate restraint in disturbing discretionary awards.
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12 October 2010 |
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Extension of time to appeal refused for inordinate delay; change of counsel is not sufficient cause.
Civil procedure — Extension of time to appeal — Application dismissed for inordinate delay (over one year); change of counsel/new advice not good cause; Order 1 r.4 SCA Rules; s.23 SCA Act; amendment applications reserved for full panel.
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8 October 2010 |
| September 2010 |
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Whether an agent properly joined could withhold sale proceeds as set-off, and whether an enforcement order unlawfully excluded its liability.
Joinder of parties – Proper joinder of agent to enable determination of entitlement to sale proceeds; Set-off and agency – Agent’s authority and unlawful retention of sale proceeds; Enforcement of judgment – Subsequent enforcement order cannot vary prior substantive ruling to exclude liable party; Interest on withheld funds – entitlement and assessment.
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15 September 2010 |
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Affixing a writ under Order 10 r 4 without prior application is irregular; respondent’s possession and prohibitory injunction upheld.
Civil procedure – Service of writ for possession – Order 10 r 4 (service by affixing) requires prior application and court/registrar satisfaction; exception to personal service. Irregularity v nullity – Order 21 r 1. Trespass to land – possession vs title; customary land not transferable by private sale
Injunctions – prohibitory injunction appropriate to preserve status quo ante
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1 September 2010 |
| July 2010 |
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Respondent bank breached its contractual duty by failing to register its charge and timely complete transfer, causing applicant loss.
Contract law – sale by auction – Conditions of Sale and Acceptance – purchaser acquires equitable interest pending conveyance; Conveyancing – obligation of vendor/bank to obtain government consent and effect transfer; Land law/statutory procedure – registration of charge and compliance with Adjudication of Title Act; Causation and damages – failure to register charge and undue delay causing purchaser's loss; Appeal – appellate interference where lower court findings contrary to weight of evidence.
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27 July 2010 |
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Appeals against costs-only orders require leave; appeals improperly brought and lacking leave were dismissed for want of jurisdiction.
Civil procedure — Appeal against costs-only order — Leave required from court below — Scherer principle where judge failed to exercise judicial discretion; Procedural competence — challenging earlier jurisdictional directions must be appealed within time or by leave.
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27 July 2010 |
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A subsequent challenge to a sale under a charge was barred by res judicata; fraud or absence do not justify fresh proceedings.
Civil procedure – res judicata (cause of action estoppel) – same parties, same issue, same subject matter – new facts/fraud must be raised by setting aside or appeal – absent party with filed defence and skeleton arguments does not necessarily render judgment a default.
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8 July 2010 |
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An absent party should ordinarily apply to the trial court to set aside a default judgment; Court of Appeal may only in exceptional cases hear a direct appeal.
Civil procedure – Default judgment – Order 35 r.2(1) – Application to set aside judgment – Preferred procedure is application to trial court (preferably trial judge) – Court of Appeal’s discretion to hear direct appeal in appropriate cases – Direct appeal inappropriate where vital evidence not before trial court.
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1 July 2010 |
| June 2010 |
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Respondent granted leave to amend notice; appellant's murder appeal dismissed—provocation failed and death sentence upheld.
Civil procedure – amendment of respondent’s notice to affirm and vary – Order III r 13(1) – test for leave to amend: issues not on pleadings, absence of supporting evidence, or prejudice – pleadings and lower court findings relevant. Criminal law – murder – partial defence of provocation – sufficiency of evidence and jury direction; sentencing – discretion in imposing death and aggravating conduct warranting capital sentence
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30 June 2010 |
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A bona fide purchaser who acquired registered land under court authorisation is protected from seizure absent evidence of dissipation.
Property law — Registered land — Proprietor's rights after court‑authorised sale — Protection under s.25 Registered Land Act; seizure and freezing orders — requirement of evidence of dissipation; ex parte applications — duty to disclose material facts; delay and prejudice to bona fide purchaser.
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30 June 2010 |
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Whether provocation or mitigation justified overturning the applicant's murder conviction or avoiding the death sentence.
Criminal law – Murder – Partial defence of provocation – Whether evidence supported provocation and adequacy of jury directions; Sentencing – Death penalty – Mandatory death sentences unconstitutional; sentencing discretion required but death appropriate where conduct is particularly aggravated.
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30 June 2010 |
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Appellant lacked locus standi and failed to prove Estate ownership; respondents in possession entitled to succeed on trespass counterclaim.
Property law – possession and trespass – determination of superior possession as basis for title dispute; Company/contract law – interpretation of purchaser in Asset Sale and Purchase Agreement ("Mulli Brothers" v. alleged subsidiary) and effect on locus standi; Evidence – weight of administrative determinations (District Commissioner) and absence of title deeds; Counterclaim – trespass and damages sustained by occupants.
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23 June 2010 |