Results.
5 documents found.
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Application to file supplementary skeleton arguments deferred to the full bench; copies to be supplied by deadline or dismissed.
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Civil procedure — interlocutory application for leave to file supplementary skeleton arguments — judicial discretion — timing and service of filings — appropriateness of single-member determination where appeal listed before full bench — procedural directions and automatic dismissal for non-compliance.
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Judgment |
24 October 2024 |
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Court refused to forfeit a bonded motor vehicle for late passport surrender, applying substantial justice and not punishing counsel‑caused delay.
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Bail conditions — bonded property — forfeiture for non‑compliance; substantial justice over technicality; liability for counsel’s procedural failures; exercise of judicial leniency.
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Judgment |
17 September 2024 |
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Stay of execution upheld where registry-caused appeal delay and respondent’s concealment of related conviction negated discharge.
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Forfeiture and stay of execution — application to discharge stay for alleged inordinate delay — duty of Registrar/Registry to prepare record of appeal — shortcomings in record not attributable to appellant — concealment of parallel money-laundering conviction involving same seized funds — discretion to refuse relief and award costs.
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Judgment |
19 June 2024 |
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An applicant cannot obtain leave to appeal to the SCA on an interlocutory matter without certified lower-court refusal and procedural propriety.
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Civil procedure — Leave to appeal — Requirement to seek leave in the court below and to produce certified refusal before approaching appellate court — Interlocutory/non-final matters not appealable — Procedural propriety for litigants in person.
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Judgment |
19 February 2024 |
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Summary judgment granted where defendant failed to raise a bona fide triable defence to a claim based on cheques issued by his agent.
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Civil procedure — summary judgment (Order 14) — cheques treated as payment — agency and authority — insufficient affidavit to raise triable issue — certainty of claim.
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Judgment |
8 July 1993 |