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All courts - 2014 May

3 judgments
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3 judgments
May 2014
Commercial Drivers Rehabilitation Consultative Council Ltd v Joint Boarder Committee & Anor. (None) [2014] MWHC 487 (26 May 2014)
Interim injunction continued to protect drivers from unlawfully imposed border parking fees pending trial.
  • Civil Procedure — Interim Injunction — Continuation pending trial — Good arguable claim, adequacy of damages, balance of convenience
  • Administrative Law — Levying Fees at Border — Requirement of lawful authority — Road Traffic Act s 95
26 May 2014
Buluma v Electoral Commission and Another (Miscellaneous Civil Appeal 22 of 2014) [2014] MWSC 4 (13 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
Enock v Lujeri Tea Estate Limited and Another (Civil Cause 519 of 2013) [2014] MWHC 508 (5 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