Results.
242 judgments found.
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| December 2023 |
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Shareholder petition under Companies Act upheld as competent; strike-out and security-for-costs applications dismissed.
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Companies law — Shareholder actions (ss.341–343) — Distinction between derivative and personal/shareholder actions — Locus standi of post-IPO shareholders; Civil procedure — competency of strike-out applications — limits on invoking inherent jurisdiction; Security for costs — balancing exercise and evidence of ability to pay.
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29 December 2023 |
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Dismissal for mis‑posting and failure to account held substantively and procedurally fair; dismissal not unfair.
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Employment law — Unfair dismissal — substantive fairness: mis‑posting and failure to account for customer deposits; banks’ statutory duty; procedural fairness — notice and representation; burden shift under s61 Employment Act; s57 valid reason for dismissal.
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24 December 2023 |
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22 December 2023 |
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SCA application dismissed for lack of jurisdiction and for failing to first pursue the required Court below proceedings.
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Supreme Court of Appeal jurisdiction — Section 7 SCA Act — Order 1 Rule 18 SCA Rules — requirement to apply first to Court below — disguised appeal — inherent jurisdiction not a substitute for procedural compliance.
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22 December 2023 |
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Repeat defilement offender given 30 years’ imprisonment with hard labour due to aggravating factors outweighing mitigation.
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21 December 2023 |
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After mandatory death sentence invalidation, resentencing applies general sentencing principles and resulted in 36 years' imprisonment.
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Criminal law — Resentencing after mandatory death sentence declared unconstitutional — Application of general sentencing principles — Admissibility of unsworn statements at resentencing — Aggravating factors: weapon use and group action — Mitigating factors: absence of premeditation, youth, first offender status, rehabilitation — Fixed term 36 years with hard labour.
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20 December 2023 |
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Resentencing after mandatory death penalty invalidation; court imposed 34‑year terms, crediting health and first‑offender status.
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Constitutional law — resentencing after invalidation of mandatory death sentences; sentencing principles; aggravating factor: group action; mitigating factors: serious ill‑health (HIV/AIDS) and first‑offender status; custodial time accounted for; 34‑year custodial terms imposed.
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20 December 2023 |
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On resentencing after an invalid mandatory death sentence, court imposed 42 years’ imprisonment, finding premeditation but insufficient culpability for life or death.
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Criminal law — Resentencing after unconstitutional mandatory death sentence — Sentencing principles on resentencing — Aggravating factor: premeditation — Mitigating factors: first offender accepted; alleged mental illness and character evidence not given weight due to inadmissibility — Sections 339/340 relief declined — Sentence of 42 years’ imprisonment with hard labour.
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20 December 2023 |
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Resentencing after unconstitutional mandatory death: court applies sentencing principles and imposes 37 years' imprisonment for murder.
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Resentencing after unconstitutional mandatory death — general sentencing principles apply — aggravating: weapon used, premeditation — mitigating: youth and first offender — unsworn statements carry no weight — time served considered.
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20 December 2023 |
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Discharge of an INTERPOL red notice did not negate flight risk; court denied bail and recused itself.
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Criminal procedure — Bail — Change of circumstances — INTERPOL red notice discharge — Flight risk — Court’s independent discretion despite prosecution’s consent — Counsel’s duty to court — Recusal for perceived bias.
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15 December 2023 |
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Stay pending appeal continued because impecuniosity was not proven and only quantum was under appeal.
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Civil procedure — Stay of execution pending appeal — Appeal concerned only quantum — Burden on applicant to prove appeal would be nugatory by demonstrating impecuniosity at time of application — Procedural non-compliance with issuance formalities distinguished where court had previously fixed hearing date.
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15 December 2023 |
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Court awarded boosted compensation for unfair dismissal, including employer medical contribution and 20% employee apportionment.
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Labour law — unfair dismissal — compensation calculation — last known salary and employer MASM medical contribution included for compensation; severance calculated on basic salary only — employee contribution to dismissal (20%) reduces award — mitigation of loss (common law) not applied under Employment Act — uplift/boost for currency devaluation (82%).
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14 December 2023 |
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Court awarded boosted compensation for unfair dismissal, including employer medical contribution, reduced for 20% employee contribution.
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Employment law — unfair dismissal compensation — Sections 63(4) and 63(5) Employment Act — severance under Section 35 and First Schedule — inclusion of employer medical contribution in ‘wages’ for compensation — applicant’s contribution to dismissal (20%) — mitigation/common‑law principles held inapplicable as statutory scheme governs — boosting awards for currency devaluation (82%).
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14 December 2023 |
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Single-member court refused an ex parte stay where the lower court had not refused and the affidavit lacked disclosure.
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Civil procedure — Order 1 r18 — application must first be made to court below; adjournment ≠ refusal; ex parte applications — duty of full disclosure; inadmissible hearsay; powers of single member under section 7 of the Supreme Court of Appeal Act.
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13 December 2023 |
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Conviction for defilement confirmed; sentence increased to 25 years due to aggravating factors and evolving sentencing trends.
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Criminal law — defilement — plea of guilty procedure and confirmation — sentencing principles and trends — limited mitigation from plea/first‑offender status — enhancement of sentence.
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13 December 2023 |
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Court assessed just and equitable compensation by service duration, excluded specified benefits from severance, and boosted awards 50% for devaluation.
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Labour law — unfair dismissal compensation — assessment under Employment Act ss.63(4),(5) — duration of service primary factor — mitigation of loss not a statutory requirement — severance computation per s.35(2) exclusions — uplift for currency devaluation (50%).
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12 December 2023 |
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Refusal of leave for judicial review is not appealable; a stay pending appeal requires the correct enabling provisions and procedure.
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Civil procedure — Stay pending appeal — Enabling provisions — Section 7 Supreme Court of Appeal Act — Order I r18 SCA Rules — Part 52.16 CPR — Refusal of leave for judicial review not appealable; remedy is to reapply to a single member — Stay against enforcement requires Part 54.12/Order 19 r20.
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12 December 2023 |
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Fraud must be pleaded with particularity; absent particulars, summary judgment for insured on undisputed insurance claim.
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Insurance law; summary judgment; fraud allegations must be pleaded with particularity; assessors’ reports; interim payment as evidencing claim acceptance.
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8 December 2023 |
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Application to discharge interlocutory injunction dismissed as untimely and misconceived; claimant complied with 14‑day proof requirement.
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Commercial law — Interlocutory injunction — condition to produce proof of assignment of government proceeds within time — claimant filed within 14 days — defendant’s delayed application to discharge deemed misconceived and abandoned; prior consent order and abuse of process; costs: parties to bear own costs.
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8 December 2023 |
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Court reopened a secured loan under s.3 Loan Recovery Act, holding penalty interest unconscionable and unenforceable.
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Banking & contract law — overdraft facility — default/penalty interest — unenforceable penal clause where loan is secured — Loans Recovery Act s.3 — reopening of transaction — assessment of lawful balance — power of sale conditional on non-payment.
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7 December 2023 |
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Summary judgment refused due to triable issues over title to allegedly stolen fertiliser and entitlement to payment.
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Civil procedure — Summary judgment — Application dismissed where triable issues exist as to title and bona fide purchaser status of allegedly stolen goods, and where claimant alleges loss caused by supply of stolen goods leading to contract cancellation.
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5 December 2023 |
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Court awarded two months’ pay per year plus statutory severance, included certain fringe benefits, and ordered refunds and a 10% devaluation boost.
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Employment law — unfair dismissal — assessment of compensation — application of s.63(4) and (5) Employment Act — duration of service as primary factor; wages definition — inclusion of fringe benefits (airtime, milk, sugar, fuel, housing) and exclusion of employer pension/medical contributions for severance; mitigation of loss not applied as statutory requirement; failure to lead evidence precludes assessment of salary arrears.
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4 December 2023 |
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Prosecution failed to prove theft or gross negligence where employer’s lax banking practices created reasonable doubt.
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Criminal law — Theft by public servant (s283) — presumption of theft and burden to rebut; Negligence by public servant (s284) — requires high degree of gross negligence or recklessness; employer lax banking procedures and corroborated explanation created reasonable doubt.
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1 December 2023 |
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Regulator acted ultra vires by treating subscription-management provider as a tariff-setting broadcaster; committee hearing was procedurally fair.
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Communications law — Tariff regulation (s.74(1)) — Distinction between subscription broadcasting and subscription management services — Scope of licence — Ultra vires review — Delegation to committees (s.15) — Procedural fairness of regulatory enforcement hearing.
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1 December 2023 |
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The applicants’ non-consultation before redundancy violated fair labour practices; the SCA precedent was held per incuriam.
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Labour law — Retrenchment/redundancy — Requirement to consult employees — Fair labour practices (Constitution s31) — Employment Act s57 and s61(2) — ILO Convention 158 (arts 13–14) — Per incuriam decision (Mkaka One) — Remedy: compensation assessment.
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1 December 2023 |
| November 2023 |
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Security for costs ordered where non-resident, impecunious claimant pursued uncertain and potentially vexatious claims.
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Civil procedure — security for costs — claimant resident outside jurisdiction and impecunious — uncertain, inconsistent and potentially vexatious pleadings — lack of documentary proof of fund transfers — order for security for costs.
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29 November 2023 |
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An agreed consent order is binding; a party cannot later assess interest contrary to that order.
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Civil procedure — Agreed/consent order — Binding effect of Agreed Order endorsed by court — Assessment of interest — Res judicata — Variation of consent order requires fresh action — Late payment interest claims.
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29 November 2023 |
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Court dismissed application to set aside stay of execution, distinguishing appellate ‘inchoate’ doctrine from enforcement procedure.
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Civil procedure — Summary judgment on liquidated sum — Inchoate judgments and finality — Apex Court jurisprudence on appeals vs enforcement — Order 23 r 6(1) effect of judgment — Order 28 r 11 enforcement order and costs — Stay of execution pending assessment of interest and appeal.
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23 November 2023 |
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20 November 2023 |
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Court upheld eight-year custodial sentence for arson, finding it not manifestly excessive despite appellants being first offenders.
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Criminal law — Arson — Sentence — Whether sentence manifestly excessive — Aggravating factors: mob justice, planning/premeditation, total destruction of property — First offender status insufficient to warrant reduction — Offer to rebuild not a substantial mitigating factor.
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20 November 2023 |
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Interlocutory injunction vacated due to suppression of material facts and absence of arguable tenancy right.
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Interlocutory injunction — ex parte applications — duty of full and frank disclosure — suppression/misrepresentation of material facts — requirement of a serious question to be tried — tenancy evidence and allocation of statutory corporation housing — costs.
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17 November 2023 |
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Claimant had no contractual right of first refusal; council sale lawful; action dismissed and claimant ordered to vacate and pay arrears.
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Local government property disposals — right of first refusal requires contractual or legal instrument; legitimate expectation requires judicial review procedure; failure to advertise does not automatically invalidate council disposals; specific council housing policy governs eligibility.
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14 November 2023 |
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Disciplinary minutes not obligatory; dismissal for supervisory neglect upheld; deduction of terminal benefits to recover shortages held unlawful.
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Employment law — disciplinary procedure and natural justice — no legal requirement to record/tender disciplinary minutes; Appeals from IRC limited to questions of law or jurisdiction (Labour Relations Act s65); supervisory negligence may justify dismissal; Employment Act (ss52,56) restricts deductions from wages and prohibits offsetting unexplained stock shortages against terminal benefits.
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14 November 2023 |
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Application for summary disposal dismissed because disputed factual issues (including document authenticity and grounds for dismissal) require a full trial.
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Industrial relations — Summary disposal on point of law — Procedure permissible only where no disputed facts — Disciplinary proceedings and alleged unfair dismissal — Authenticity of documents and compliance with Employment Act s57 — Matter ordered to substantive hearing.
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14 November 2023 |
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Application dismissed for failing Order I, rule 18 and for inordinate delay; costs awarded against the applicants.
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Procedure — Order I, rule 18 SCA Rules — concurrent jurisdiction — same application must be first made to court below; delay and introduction of post‑order facts bar relief. Civil procedure — stay of execution/payment into court — discretionary, requires good grounds (risk of dissipation, non‑recovery). Labour law — section 72 LRA limits IRC’s power to award costs but does not preclude High Court/SCA awarding costs on appeals
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Costs — appellate courts have discretion to award costs in labour appeals
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10 November 2023 |
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Delay and applicants’ failure to mitigate justified refusal of extension, dismissal of judicial review permission, and refusal of stay.
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Judicial review — permission to apply — extension of time — unjustified 16‑month delay and failure to mitigate — forum misstated; matters better determined at trial — refusal of interlocutory stay of criminal proceedings.
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10 November 2023 |
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Applicants’ 16‑month delay and failure to mitigate precluded extension; issues suited to trial court, so judicial review application dismissed.
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Judicial review — permission to apply; extension of time — 3‑month rule; interlocutory stay of criminal proceedings; delay attributable to applicant/counsel; appropriateness of judicial review versus trial court remedy.
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10 November 2023 |
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Applicant failed to show a real risk of injustice required to stay civil proceedings pending related criminal proceedings.
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Civil procedure — Stay of civil proceedings pending criminal proceedings — Applicant must demonstrate a real risk of injustice, not merely allege prejudice — Burden of persuasion remains with the applicant — Alleged inability to cross-examine a witness insufficient without showing real risk of injustice.
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3 November 2023 |
| October 2023 |
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31 October 2023 |
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Whether a trust can be incorporated without statutory compliance and who may properly represent the corporate claimant.
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Trustees incorporation — compliance with Trustees Incorporation Act and Trustees Incorporation Rules; requirement to examine Form A, constitutions, fees and verified signatures — Wednesbury unreasonableness — quashing order (certiorari) — nullity of forged certificate — locus standi and proper corporate representation.
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27 October 2023 |
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Court refused oral amendment to cure a jurisdictional omission, dismissed the amendment application and awarded costs to the respondents.
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Civil procedure — Interlocutory applications — Oral applications permitted under Order 10 rule 2(2) — Amendment of applications — Jurisdictional provision (section 23 Courts Act) omitted — Court will not permit amendment that effectively overturns prior ruling — Costs awarded — Leave to appeal refused.
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27 October 2023 |
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Mandatory injunction suspended pending criminal proceedings; contempt not established absent willful disobedience; FIA-good faith protection considered.
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Contempt of court — willfulness requirement; freezing orders — verbal versus written and due process; priority of criminal proceedings; Financial Crimes Act s.26 immunity for good-faith compliance.
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26 October 2023 |
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Court refused dismissal for want of prosecution and ordered defendant’s lawyers to pay the applicant’s costs personally.
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Civil procedure — dismissal for want of prosecution (Order 12 r54) — burden of proof — admissible court file evidence — scheduling conference documents — costs — personal liability of legal practitioners.
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24 October 2023 |
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Application for leave to seek judicial review dismissed for inordinate delay and lack of arguable legal interest.
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Judicial review — leave to apply — extension of time — inordinate delay — locus standi/legal interest — alternative remedies under Financial Services Act — procedural fairness and merits of administrative decision.
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23 October 2023 |
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Security-for-costs order in a labour appeal set aside because section 72 bars costs and such security would be futile.
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Labour law — costs — section 72 Labour Relations Act proscribing costs in Industrial Relations Court and on appeal — security for costs — Supreme Court discretion under section 22 of the Supreme Court of Appeal Act and Rules — ex parte security-for-costs order set aside as futile.
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23 October 2023 |
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Bail pending appeal denied—no exceptional circumstances and court declined to resolve appeal merits at bail stage.
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Criminal law — Bail pending appeal — s24(1) Supreme Court of Appeal Act — discretionary power; exceptional circumstances required — appellate court should not decide merits at bail stage — defilement conviction; sufficiency and consistency of trial evidence.
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19 October 2023 |
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Wrong procedural regime and incurable procedural irregularities led to dismissal of the plaintiff’s action; leave to appeal granted.
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Civil procedure — transitional application of rules — 2017 Civil Procedure Rules do not apply to actions commenced before 3 October 2017; Rules of the Supreme Court govern. Procedural irregularity — incurable hybrid use of rules, failure to follow mandatory mediation, improper addition of party — grounds for dismissal. Application to dismiss for want of prosecution must be brought under applicable rules
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18 October 2023 |
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Accused discharged under section 247(1) after 15-year prosecutorial dormancy and State's unwillingness to proceed.
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Criminal procedure — Prosecutorial delay — Discharge under section 247(1) of the Criminal Procedure and Evidence Code — Discontinuance under section 77(1) limited to DPP — Section 286 remedies for delay — Right to fair trial within a reasonable time.
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18 October 2023 |
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A preliminary objection was sustained and the claimant ordered to bring contempt proceedings over an alleged breach of a freezing order.
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Commercial law — freezing injunction — preliminary objection — full and frank disclosure — real risk of dissipation — arbitration clause — alleged breach of freezing order — contempt proceedings.
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13 October 2023 |
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Court sustained preliminary objection and directed claimant to bring contempt proceedings over alleged encashment of bank guarantee.
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Commercial law — freezing injunction — bank guarantees — preliminary objection — full and frank disclosure — risk of dissipation — alleged contempt for cashing guarantee — arbitration clause.
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13 October 2023 |