All courts - 2014 May

3 judgments
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3 judgments
Citation
Judgment date
May 2014
Interim injunction continued where border committee lacked statutory authority to levy parking fees, causing uncompensable detention of drivers.
Interim injunction – American Cyanamid test; arguable cause and serious question to be tried – adequacy of damages (detention/inconvenience not fully compensable) – balance of convenience – lack of statutory authority to levy parking fees (s95 Road Traffic Act) – duty of full and frank disclosure on ex parte applications.
26 May 2014
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.
13 May 2014
Default judgment set aside where third party disclosed triable defence, though third‑party notice was irregular for lack of prior court leave.
Civil procedure – Setting aside default judgment – Order 13 r 9 and Order 19 r 9 – applicant must disclose defence on the merits or triable issue – draft defence showing denial of negligence and plea of contributory negligence – Third‑party notice – requirement of prior leave under Order 16 r 1(2) – discretion as to costs.
5 May 2014