Results.
350 judgments found.
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| December 2017 |
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Assessment of damages for a minor's road traffic injuries: quantum for pain, disfigurement, and minimal future earning loss.
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Assessment of damages — personal injury from road traffic accident — quantum for pain and suffering and loss of amenities — award for disfigurement — minimal future loss of earning capacity for a minor absent evidence — proof required for special damages — assessment in default of defendant.
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28 December 2017 |
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Plaintiff awarded MK3,000,000 for loss of use of title deed; special damages not proven.
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Assessment of damages — wrongful retention of title deed — loss of use as general damages — distinction between general and special damages — requirement of strict proof for special damages — restitution in integrum — nominal damages where amount not proved.
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22 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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Stay of damages assessment pending appeal denied where appellant failed to show risk of injustice or inability to repay.
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Civil procedure — Stay of proceedings pending appeal — Interlocutory judgment and assessment of damages — Discretion to grant stay guided by risk of injustice — Stay of execution vs stay of proceedings — Prematurity of application.
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20 December 2017 |
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Court refused the applicant’s stay pending appeal as premature and unjustly prejudicial to the respondent.
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Stay pending appeal — discretionary exercise — consider risk of injustice and prejudice; Interlocutory judgment — liability final but damages to be assessed; Applicant’s burden to show special circumstances and inability of respondent to repay; Prematurity of application to stay assessment of damages; Appropriate remedy may be stay of execution after Registrar’s assessment.
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20 December 2017 |
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Applicant’s direct application for interim injunction refused; must apply to court below first and consent order barred variation without fresh action.
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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 — consent order as binding agreement not varied by summons — mortgage law — power of sale and balance of convenience.
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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 |
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Appellant’s land ownership challenge dismissed for failing to show trial-court error; magistrate’s credibility findings and T/A evidence upheld.
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Land law — unlawful sale/purchase of land; appeal — requirement to identify errors of law or fact; assessment of witness credibility; evidentiary weight and admissibility of Traditional Authority testimony; appellate deference to trial court’s factual findings.
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18 December 2017 |
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18 December 2017 |
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18 December 2017 |
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18 December 2017 |
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Conviction for intimidation confirmed; 60‑month custodial sentence reduced to 24 months as manifestly excessive.
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Criminal law — Intimidation (s.88 Penal Code) — sentencing principles — manifestly excessive sentence — requirement to indicate applicable statutory maximum — consideration of aggravating and mitigating factors — substitution of sentence on review.
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18 December 2017 |
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18 December 2017 |
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Arson conviction confirmed; 84‑month sentence set aside as manifestly excessive and reduced to effect immediate release.
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Criminal law — Arson — Sentence on review — Manifestly excessive sentence reduced on account of guilty plea and first offender status — Magistrates’ Court Sentencing Guidelines and section 337(A) considered — Court may vary sentence on review even when parties absent.
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18 December 2017 |
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Whether a municipal withdrawal and demolition of an allocated plot complied with statutory/by‑law procedure and constituted trespass.
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Land law — municipal plot allocation and withdrawal — requirement to follow local by-laws and Plot Allocation Committee procedure; Town and Country Planning Act — limits of stop notices; permitted development and right to compensation; trespass — unlawful demolition of structures; remedies and costs.
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13 December 2017 |
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Leave to seek judicial review refused where impugned acts were recommendations and the wrong public officer was sued.
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Administrative law — Judicial review — Leave to apply requires an arguable case — Ripeness: recommendations by inspectors v. final decisions — Proper party: only the public office/officer who made the impugned decision is liable — TEVETA Board decisions.
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13 December 2017 |
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Excessive 17-year pre-trial detention constituted gross injustice justifying immediate release despite a 12-year manslaughter sentence prospect.
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Criminal law — Manslaughter — Conviction on plea of guilty — Sentence — Mitigating factors: guilty plea, youth, first offender, intoxication, remorse — Aggravating factors: use of knife, multiple fatal wounds — Inordinate pre-trial detention (17 years) as ground for release.
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12 December 2017 |
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Summary judgment granted where defendant’s general denial lacked particulars; estate/dependants claims refused for lack of letters of administration.
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Civil procedure — Summary judgment (Order 14 RSC) — General denial without particulars is not a bona fide defence — Legal capacity to sue for estate and dependants — Letters of administration required.
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11 December 2017 |
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Court exercised discretion to fix taxation rate (K10,000/hr), excluded prior appellate/Registrar-awarded costs, and allowed defendant set-off at K5,000/hr.
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Civil procedure — Taxation of party-and-party costs — Court’s discretion to fix hourly rates — Prior Registrar’s rate revision held invalid — Expense rate fixed at K10,000/hour — Prior appellate and Registrar cost orders given effect — Leave to tax out of time and set-off at K5,000/hour.
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11 December 2017 |
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Whether a subordinate court can transfer to the High Court and the duty of full disclosure in ex parte transfer applications.
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11 December 2017 |
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Bank negligent in delayed action and CCTV management; customer also contributorily negligent; second appellant’s claims dismissed.
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Bank negligence — failure to block account and preserve CCTV evidence — contributory negligence apportionment between bank and customer; civil claims of false imprisonment, malicious prosecution and defamation require proof of improper conduct or malice by the claimant.
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11 December 2017 |
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Under customary law, the royal family’s selection controls VH succession; a TA may not appoint or impose a non‑royal candidate.
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Customary law and chieftaincy succession — village headman appointment — limits on Traditional Authority’s power — family selection rights — interim caretaker not entitled to ascend.
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11 December 2017 |
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Summary judgment granted where defendants offered only general denials and insurer’s payments supported liability.
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Civil procedure — Summary judgment (Order 14 RSC) — Plaintiff’s burden to establish claim — Defendant’s duty to plead particularized bona fide defence — General denials insufficient — Insurer’s payments to third-party claimants as evidence of indemnity/liability.
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8 December 2017 |
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An unconditionally admitted counsel has a right of audience that can only be removed by statutory procedure; Oberem v Oberem stands until set aside.
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Right of audience on admission to the bar; removal of right of audience only by statutory process; requirement for gazetting subsidiary legislation; Malawi Law Society standards; High Court/Chief Justice procedure to remove counsel’s standing; effect of Oberem v Oberem pending appeal.
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7 December 2017 |
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Judicial review inappropriate to challenge adequacy of compensation; administrative process was fair and eviction upheld.
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Administrative law — judicial review limited to decision-making process; adequacy of compensation is a merits issue for ordinary suit; procedural fairness and Wednesbury unreasonableness not established; entitlement to adequate notice and compensation satisfied.
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6 December 2017 |
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Court upheld convictions for malicious damage and theft based on circumstantial evidence, partially reducing the sentence.
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Criminal law — Malicious damage and theft — Circumstantial evidence and direct identification — Malice includes intention and recklessness — Defective charge requires prejudice to set aside conviction — Sentencing: role of offender, aggravating factors, and concurrent sentences; reduction where excessive.
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6 December 2017 |
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Application for stay of execution dismissed where defendant negotiated directly with a represented plaintiff despite a valid default judgment.
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Civil procedure — stay of execution (Order 10 Rule 5) — effect of out-of-court settlement/payment made directly to a represented party — default judgment regularly obtained — abuse of process where defendant negotiates behind plaintiff's counsel.
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1 December 2017 |
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The 2nd applicant, an innocent purchaser for value without notice, obtains ownership; respondent entitled only to judgment balance.
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Registered Land Act; Statute of Frauds; sale of land; bona fide purchaser for value without notice; effect of prior default judgment on subsequent sale; estate agent involvement in land sale.
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1 December 2017 |
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1 December 2017 |
| November 2017 |
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Employer may deduct from wages for restitution but cannot withhold employees' pension to recover debts.
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Employment law — recovery of employer losses — s56(4) Employment Act: deductions from wages permissible; Pension law — pension benefits not attachable to settle employee debts; remedies for seized property.
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30 November 2017 |
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Applicant on prolonged remand granted bail with strict conditions including cash bond, sureties, reporting, and surrender of travel documents.
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Criminal procedure — Bail — Applicant on prolonged remand granted bail — State non-objection but requests strict conditions — Conditions imposed: cash deposit, two bonded sureties, periodic police reporting, travel restrictions, surrender of travel documents, examination of sureties before Registrar.
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30 November 2017 |
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Bail granted despite overstay on remand, subject to strict conditions to ensure attendance and protect the administration of justice.
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Bail — Grant of bail where accused has overstayed on remand — Interest of justice — Imposition of conditions: cash deposit, sureties, periodic police reporting, surrender of travel documents — Examination of sureties before Registrar.
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30 November 2017 |
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Applicant granted bail pending trial with strict cash, surety, reporting and travel-document surrender conditions.
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Criminal procedure — Bail application — Overstay on remand — Bail Guidelines Act s12; Criminal Procedure and Evidence Code s118; Constitution s42(2)(e) — Conditions of bail: cash deposit, bonded sureties, reporting requirements, travel-document surrender, examination of sureties.
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30 November 2017 |
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Summary judgment granted where insurer's general denial and unsupported contributory-neglect plea failed to constitute a bona fide defence.
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Civil procedure — Summary judgment (Order 14 RSC) — Defendant must file an affidavit with particulars — Bare denials and unsupported contributory negligence plea are not bona fide defences — Insurer’s vicarious liability where insurer not disputed — Sham defence doctrine.
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29 November 2017 |
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Summary judgment granted where defendant's general denial lacked particularized facts to raise a bona fide defence in a negligence claim.
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Civil procedure — summary judgment (Order 14 RSC) — requirement for a defendant to raise a bona fide defence with particularized facts — negligence/personal injury — general denials insufficient to defeat summary judgment.
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28 November 2017 |
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Summary judgment refused where defendant’s denial of insurer status and plea of contributory negligence raised bona fide triable issues.
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Civil procedure — Summary judgment (Order 14 RSC) — Exceptional remedy — Bona fide defence and triable issues — Contributory negligence — Denial of insurer status — Admissibility/weight of affidavit sworn by counsel — Liability to be determined at trial.
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21 November 2017 |
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Court dismissed the action for want of prosecution due to inordinate delay, granting liberty to restore within 30 days.
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Civil procedure — dismissal for want of prosecution — High Court Civil Procedure Rules 2017 — active case management (Order 1 r.5) — inordinate and inexcusable delay — liberty to restore — costs awarded.
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20 November 2017 |
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An Order 14A application was dismissed because disputed adverse possession and notice issues require a full trial.
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Civil procedure — Order 14A RSC — Summary determination inappropriate where issues of adverse possession, bona fide purchaser status and limitation raise factual disputes requiring full trial and cross‑examination; prior judicial directions to proceed to trial preclude pre‑emptive interlocutory determination.
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17 November 2017 |
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Insurer struck out because the policy excluded passenger cover and the plaintiff had no cause of action against it.
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Insurance law — insurer struck out where policy expressly excluded passenger cover; Road Traffic Act s.144 does not universally mandate passenger insurance; sanctity of contract; Order 15 r.6(2) RSC — striking out improperly joined parties.
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16 November 2017 |
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Trial held in chambers without sufficient reasons breaches right to public trial; proceedings declared nullity and retrial ordered.
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Constitutional right to public trial — s42(2)(i); Criminal Procedure & Evidence Code s71; Courts Act s60 — in camera exceptions require sufficient reasons; trials in chambers/prisons without Chief Justice designation invalid; remedy: proceedings declared nullity and retrial ordered.
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14 November 2017 |
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Accused discharged under s77 CP&EC after prosecution discontinued proceedings; bail and recognizances discharged.
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Criminal procedure — Prosecution discontinuance — Discharge under s 77 Criminal Procedure and Evidence Code — Effect on bail and recognizances — Pronouncement in open court
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10 November 2017 |
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Court awarded the plaintiff K3,806,000 for pain, loss of amenities, disfigurement and report costs after a vehicle collision.
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Tort — assessment of non-pecuniary damages — pain and suffering; loss of amenities of life; disfigurement — reliance on comparable cases and adjustment for currency devaluation — award of documentary costs.
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9 November 2017 |
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Prosecution discontinuance resulted in the accused’s discharge under s77 and discharge of bail and recognizances.
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Criminal procedure — Discontinuance by prosecution — Discharge under s 77 Criminal Procedure and Evidence Code — Effect on bail and recognizances.
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8 November 2017 |
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6 November 2017 |
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Summary disposal inappropriate where consultations in redundancy dispute raise contested factual issues; matter remitted for trial.
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Industrial relations — unfair dismissal — termination for operational requirements — requirement to consult — appropriateness of summary disposal where factual disputes exist — IRC procedure and pleadings — remit for trial — no order as to costs (s72 LRA).
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3 November 2017 |
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2 November 2017 |
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Leave to issue third‑party notice dismissed; dispute is commercial and belongs in the Commercial Court; costs awarded.
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Procedure — Third‑party notice (Order 19 Rule 1) — Jurisdiction — Commercial dispute falling within Commercial Court under section 6(A)(1) Courts Act — Commissioner for Lands v Deeds Registrar — land law; Deeds Registration Act; Land Act.
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1 November 2017 |
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Constructive desertion upheld where spouse unjustifiably denied conjugal rights and accusations of adultery were unproven.
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Family law — Constructive desertion — Denial of conjugal rights — Sufficiency of evidence of adultery — Marriage, Divorce and Family Relations Act s48(1) — Appeal by rehearing — No basis for retrial.
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1 November 2017 |
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Court upheld dismissal for collusion and dishonesty, finding substantive and procedural fairness despite telephonic summons.
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Employment law — unfair dismissal — disciplinary procedure — dishonesty/collusion in sales transactions — s.27 Employment Act (particulars of employment) not determinative — s.57 fairness of reasons and procedure — telephonic disciplinary summons.
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1 November 2017 |
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Court refused to adopt a 14‑day initial skeleton‑argument rule and ordered the record of appeal prepared by 15 December 2017.
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Civil procedure — case management — service and timing of skeleton arguments — whether appellants must file initial skeleton arguments within 14 days — precedential value of Anglia Book Distributors decision — adoption of domestic Practice Directions versus importation of English CPR practice — preparation of record of appeal.
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1 November 2017 |