Results.
4 judgments found.
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| July 2023 |
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Whether an interim injunction should release impounded stock pending tax proceedings to prevent irreparable business harm.
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Interim relief — Injunction pending tax proceedings — Release of goods impounded by revenue authority — Irreparable harm and adequacy of damages — Balance of convenience and public interest.
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26 July 2023 |
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Appeal dismissed: 20 April 2016 letter was a binding contract, debt discharged by MK16,304,708.82, respondent entitled to interest.
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Contract — variation of existing loan agreement by letter — formation, offer, acceptance and consideration — discharge of debt by payment of shortfall; Civil procedure — compliance with Order III grounds of appeal; Interest on judgment — pleadings, statutory rate and assessment by Registrar.
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18 July 2023 |
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Court continued ex parte stay pending appeal, granted leave to appeal, and ordered procedural steps and exclusion of later punitive orders.
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Civil procedure — stay of execution pending appeal — jurisdiction under Order 1 Rule 18 — inherent jurisdiction — test for stay: justice, expediency, risk of appeal being rendered nugatory, balance of convenience — leave to appeal granted — exclusion of later punitive orders from record of appeal.
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14 July 2023 |
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Court sustained stay pending appeal, granted leave to appeal, and ordered timelines while excluding un-heard punitive orders from the record.
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Civil procedure — Stay of execution pending appeal — Discretionary equitable remedy — Tests: serious issue, irreparable harm, balance of convenience/justice — Jurisdiction under Order 1 Rule 18 and inherent jurisdiction — Leave to appeal and exclusion of unhearing punitive orders from record.
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14 July 2023 |