Results.
10 judgments found.
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| 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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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 |
| 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Courts Act s29 (repeal) — General Interpretation Act s13 (continuation of repealed law) — jurisdiction of Supreme Court of Appeal — Registrar’s assessment of damages/interest — Rule 3 High Court (Exercise of Jurisdiction of Registrar) Rules —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 |
| 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 |
| 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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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 |
| 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 |