Results.
18 judgments found.
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| July 2024 |
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Claims of negligence and defamation against auditors over a confidential forensic report dismissed; no duty owed to the claimant.
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Auditor liability — duty of care limited to commissioning client; negligent misstatement — proximity and foreseeability; defamation — necessity of adoption and publication; confidentiality and court-ordered disclosure; compliance with ISRS 4400.
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31 July 2024 |
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Court refused immediate release but ordered alternatives, a 30‑day deportation ceiling, non‑detention of children and reporting by the State.
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Immigration law — detention limits under Immigration Act s.14(1) and Regulations (Reg.14(3)) — constitutional right to liberty — reasonable 30‑day ceiling pending deportation — alternatives to prison (temporary permits, bond, non‑prison facilities, self‑repatriation) — non‑detention of children — structural interdict and court oversight of implementation.
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29 July 2024 |
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Applicants detained beyond the 90-day pretrial limit for murder; court found detention unlawful and ordered conditional release on bail.
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Constitutional right to challenge detention (s42) — pre-trial custody limit for murder (s161G CP & EC) — power to grant bail after expiry of custody time limit (s161I CP & EC) — unlawful detention — release on bail with conditions.
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29 July 2024 |
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29 July 2024 |
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Removal of a village headman without being heard breached natural justice and was quashed.
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Administrative law — Judicial review — Procedural fairness and natural justice; section 43 Constitution (administrative justice); Chiefs Act s.9 — appointment/removal of village headmen; interpretation of administrative circular; Wednesbury unreasonableness; remedy — certiorari and costs.
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26 July 2024 |
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Convictions upheld; enhanced sentences set aside because the appellant was not given notice or a hearing before enhancement.
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Criminal law — Defilement and child trafficking — Convictions upheld; Sentence enhancement — appellate increase set aside for failure to afford audi alteram partem — Right to be heard before adverse sentencing order — Late filing of skeleton arguments allowed as exception — State nonattendance at apex court criticized.
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23 July 2024 |
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Consent judgment ordering defendants to pay claimant, third party to refund failed forward-exchange proceeds, and State to ensure funding.
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Civil procedure — Consent judgment — Settlement enforcement; Commercial/contract law — refund for total failure of consideration under modified forward exchange contract; Escrow/escrow-account directions — joint control, restricted release and priority of disbursement; State involvement — direction to ensure funding to satisfy judgment.
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22 July 2024 |
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Default judgment for terminal benefits is not taxable; collection costs payable but without interest, Registrar to assess.
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Taxation of judgment debts — terminal/post-employment benefits — characterization of monthly payments as net versus gross — prohibition on double taxation — collection costs payable but no interest — Registrar to assess collection costs.
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22 July 2024 |
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Failure to inform an unrepresented accused of statutory defences in defilement proceedings vitiates the conviction and mandates retrial.
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Criminal procedure — Plea of guilty — s251(2) CP&EC — requirement to ascertain accused understands nature and consequences of plea; Criminal law — Defilement — s138 Penal Code — statutory defences (age-difference/consent) — duty of trial court to explain defences to unrepresented accused; Fair trial — omission to inform of defences vitiates conviction — conviction reversed and retrial ordered.
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21 July 2024 |
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Failure to comply with scheduling conference directions justified striking out the 1st defendant’s defence and dismissing its counterclaim.
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Civil procedure — scheduling conference directions — mandatory compliance with Order 14 — effect of non-compliance (Order 14 r.5) — striking out defence and dismissal of counterclaim as sanction — section 47 General Interpretation Act inapplicable to court directions — good cause required to avoid sanctions.
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17 July 2024 |
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The claimant cannot sue defendants to set aside a consent judgment for alleged former-counsel misconduct; action dismissed with prejudice.
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Civil procedure — Consent orders — Setting aside consent judgment — Grounds required: mistake/fraud or material/supervening change — Pleading particularity — Misconduct by former counsel is remedy against counsel, not basis against opposing parties — Frivolous/vexatious actions and abuse of process — Dismissal with prejudice and costs.
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17 July 2024 |
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Attempt to set aside a consent judgment dismissed as frivolous; claimant should sue former lawyers or enforce the order.
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Civil procedure — setting aside consent orders — requirement to plead mistake, misrepresentation or material supervening change — abuse of process — remedy against former lawyers or by enforcing consent judgment.
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17 July 2024 |
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Action to set aside a consent order dismissed as disclosing no reasonable cause and an abuse of court process.
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Civil procedure — setting aside consent orders — necessity to plead and particularise mistake, misrepresentation or material supervening event; remedies against former lawyers versus setting aside consent judgment; dismissal for frivolous, vexatious or abusive proceedings.
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17 July 2024 |
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Claimant failed to prove ownership or arbitrary appropriation; land was likely acquired via community consent and compensated, claim dismissed with costs.
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Property law — proof of ownership and representative capacity — arbitrary appropriation of land — customary land acquisition procedures and compensation — evidential burden and failure to call material witness.
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17 July 2024 |
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Applicant proved false imprisonment and defamation by the retailer and assault by police, entitling her to damages.
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False imprisonment; assault and battery; defamation; shop detention; police misconduct; damages; civil burden and balance of probabilities.
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16 July 2024 |
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Limitation Act does not apply to customary land without proving local customary law; succession governed by Deceased Estates Act.
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Customary land — Limitation Act inapplicable without proof of local customary rules; succession to customary land governed by Deceased Estates (Wills, Inheritance and Protection) Act; allocation and long possession as evidence of customary ownership.
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15 July 2024 |
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Driver negligent; claimant partly contributorily negligent; liability apportioned 60% defendants, 40% claimant; insurer limited by policy.
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Road traffic negligence — duty of care and lookout — narrow road and large vehicle — contributory negligence — apportionment 60/40 — vicarious liability of owner — insurer liability subject to policy limit (includes party-and-party costs).
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15 July 2024 |
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Court held statute (Insolvency Act) prevails over CPR; receiver appointment required notice, so enforcement suspended.
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Appointment of receiver — Order 28 r.29 & r.30 CPR — s.78(1) Insolvency Act — conflict between statute and subsidiary rules — requirement of notice to company — service of statutory demand — procedural compliance with sworn statements — s.79 notification by receiver.
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5 July 2024 |