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Citation
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Judgment date
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| October 1988 |
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A receiver's letter lifted receivership and directors/shareholders may sue unless appointment instrument expressly strips that power.
Company law – Receivership – Effect of receiver’s letter – Whether receivership was terminated; Locus standi – Directors/shareholders’ right to sue despite out-of-court receiver; Receiver appointed out of court – powers depend on instrument of appointment; application of M'dinde Estate precedent.
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28 October 1988 |
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Applicant failed to satisfy a consent-order condition to the respondent's satisfaction; injunction dismissed as frivolous and intended to delay.
Civil procedure – interlocutory injunction – compliance with consent order requiring evidence "to the satisfaction" of defendant; bank statements and funding assurances; reasonableness of irrevocable bank instructions; frivolous and vexatious applications; discretion to refuse interlocutory relief.
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13 October 1988 |
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Validity of Courts Act amendment of sheriff's fees and prohibiting ordering sheriff to pay costs absent bad faith.
Courts Act s32(2) — Courts Act (Schedule)(Replacement) Notice 1977 — Sheriffs Act ss47–48 — General Interpretation Act s21(a) (deeming of subsidiary legislation) — validity of amendment to sheriff's fees — sheriff's liability for costs under Sheriffs Act s45 (requires bad faith).
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3 October 1988 |
| September 1988 |
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Interlocutory injunction dissolved where no clear contract existed, status quo not preserved and applicant lacked clean hands.
Civil procedure – interlocutory injunction; preservation of status quo; adequacy of damages; equitable relief and clean hands; existence of contract; appellate review of discretionary injunction.
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29 September 1988 |
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A company under out-of-court receivership may sue in its own name unless the debenture expressly divests that power.
Companies law — Receivership — Out-of-court appointment of Receiver/Manager — Construction of debenture determines receiver’s powers — Right of company to sue in its own name unless debenture divests that power — Locus standi — Receiver/Manager or his solicitors not entitled to represent company if not a party.
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8 September 1988 |
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Appellant failed to prove wrongful withholding of pension funds; Liquor Act illegality and missing pension rules defeated the claim.
Pension funds – money had and received – need for proof of receipt and authority; Liquor Act s.76(2) bars actions on debts incurred contrary to statute; non‑production of pension scheme rules fatal to claim; creditor’s right to set off admitted indebtedness against pension proceeds.
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5 September 1988 |
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Only one instruction and one brief fee are payable per action; refresher fees are at the taxing master’s discretion.
Taxation of costs – instruction fee – brief fee – counterclaim – only one allowance per action (Order 62/A2/22, 62/A2/23) – refresher fees discretionary (Order 62/A2/50) – no two‑thirds rule.
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5 September 1988 |
| August 1988 |
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The respondent's instalment order was set aside; the applicant entitled to sale under the Sheriff's Act for lack of formal application and special circumstances.
Sheriff's Act (Part IV) – sections 33, 34, 35 – execution against land – power to direct inquiries into debtor's interest – sale vs instalments – requirement for formal application and evidence – stay of sale only after order for sale and claim by interested party.
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25 August 1988 |
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On the respondent's death, counsel's authority terminated and counsel cannot claim costs for post‑death work absent estate continuation.
Civil procedure — Death of a party — Section 10(1) Statute Law (Miscellaneous) Act Cap 5:01 — Causes of action survive death except defamation; Solicitor/Counsel authority terminates on client’s death; costs not recoverable for work done post‑death unless personal representatives continue the action (Pool v Pool).
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19 August 1988 |
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Adultery may be inferred from intimate correspondence and circumstantial evidence; decree nisi and custody awarded to petitioner.
Family law – Divorce – Adultery – Proof by circumstantial evidence and correspondence – Intimate letters and frequent absences can justify inference of adultery; decree nisi and custody awarded; costs against respondent and co-respondents.
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19 August 1988 |
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Court held appeal against Registrar's ruling timely; weekends excluded and seven-day rule for appeal to Judge in Chambers applied.
Civil procedure – computation of time for filing appeals – exclusion of Saturdays and Sundays – appeal from Registrar to Judge in Chambers – Rule 3 High Court (Exercise of Jurisdiction of Registrar) Rules 1975 – seven-day appeal period.
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8 August 1988 |
| July 1988 |
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Identification and circumstantial evidence sustained a robbery-with-violence conviction; absence of medical report or weapon did not vitiate conviction; sentence upheld.
Criminal law – Robbery with violence – Sufficiency of identification and circumstantial evidence – Necessity of medical report or recovery of weapon – Sentencing: seriousness of assault justifying heavy custodial term.
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21 July 1988 |