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Title
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Date
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High Court set aside arbitrarily imposed fines for forestry offences, requiring means test and reducing custodial sentences.
Forestry offences — sentencing — fines and default imprisonment — mandatory means test — application of Fines (Conversions) Act — first offender principles — s340(1) Criminal Procedure and Evidence Code — supervisory confirmation review.
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Judgment |
19 November 2024 |
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Forestry licence did not justify respondent’s trespass onto the applicant’s land; nuisance claim lacked particulars and evidence.
Property law — Trespass to land — Rightful possession under a subsisting lease — Forestry licence insufficient to justify occupation; Nuisance — requires pleaded particulars and evidential proof.
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Judgment |
26 September 2018 |
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Applicant failed to prove individual entitlement to customary land; trial findings upheld and appeal dismissed with costs.
Land law – Customary land – Communal ownership; chiefs’ power to authorize use under customary law – No individual title. Civil procedure – Burden and standard of proof: balance of probabilities
Evidence – deference to trial court findings
Appeals – abuse of process; dismissal with costs
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Judgment |
23 July 2018 |
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Occupier of customary land entitled to compensation for loss of use and destroyed crops following State taking.
Land law – Customary land vested in the President – Occupier's entitlement to disturbance/compensation – Non-retroactivity of statutes – Assessment of damages for loss of use and destroyed crops.
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Judgment |
20 July 2018 |
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An interlocutory injunction was refused where the defendant’s actions were carried out pursuant to an existing court order.
Civil procedure – interlocutory injunctions – exceptional remedy; injunctions ordinarily not granted to restrain acts undertaken pursuant to an extant court order; customary land – Section 25 Land Act – sale of customary land may be void ab initio (relevant to triability).
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Judgment |
4 July 2018 |
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Court continued interlocutory injunction pending trial, finding serious triable issues and limitation defence premature.
Interlocutory injunction — preservation of status quo — American Cyanamid guidelines; Limitation Act — possession, re-entry and forfeiture; Adequacy of damages in land possession disputes; Serious issue to be tried — disputed facts on title and occupation.
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Judgment |
21 May 2018 |
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Plaintiffs' claims for road‑works damage dismissed: negligence not proven and claim against authority statute‑barred.
Limitation Act – joinder after expiry of limitation period; negligence – duty of care to properties near road works; res ipsa loquitur inapplicable where cause known; pleadings limit issues (waiver must be pleaded).
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Judgment |
23 April 2018 |
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Appeal dismissed: lower court's adverse-possession finding upheld; inheritance statute inapplicable where not pleaded.
Land law – adverse possession – uninterrupted occupation and use for over 12 years – limitation statute; Civil procedure – evaluation of evidence and credibility; Pleadings – court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
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Judgment |
30 January 2018 |
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A customary allocation by a village head grants permanent usage rights where the owner delayed asserting claim.
Customary land – communal ownership – chiefs/GVH authority to allocate use and occupation – allocation and estoppel by laches; permanent rights of usage and occupation.
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Judgment |
24 October 2017 |
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Mediator found the proposed pump site within road-reserve/buffer-zone intersection; construction confined there not violating plaintiffs' customary rights.
Land law – customary land v public land – road reserve and river buffer zone intersection – Waterworks Act s.6 – entitlement to injunctive relief where works extend onto customary land.
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Judgment |
11 September 2017 |
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General Interpretation Act preserves repealed law and subsidiary Rules, so the Rules of the Supreme Court remain operative and the preliminary objection is dismissed.
Statutory interpretation — Courts (Amendment) Act 2016 — General Interpretation Act (ss.13, 14(1)) — effect of repeal on subsidiary legislation — Rules of Supreme Court remain operative — summary judgment procedure preserved.
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Judgment |
1 July 2017 |
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Appellate court upheld lower court's credibility finding in a customary land dispute and dismissed the appeal with costs.
Customary land – communal ownership – chiefs’ power to authorize use under Land Act ss.25–26 – limits of chiefs’ authority – allocation vs individual title; civil proof on balance of probabilities; credibility findings on customary land disputes; relationship between Traditional Authority determinations and court jurisdiction.
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Judgment |
1 June 2017 |
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Interlocutory injunction continued to protect asserted use-and-occupation rights in customary land pending resolution of disputed authority and jurisdiction.
Customary land — rights to use and occupy (distinct from registered title) — interlocutory injunction — adequacy of damages — balance of convenience — authority of seller and jurisdiction of chief to witness customary land transaction.
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Judgment |
22 May 2017 |
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Applicant challenged project implementation without mandatory EIA, obtained leave to seek judicial review and disclosure of project documents.
Environmental law – Environmental Impact Assessment (EIA) requirement – Environment Management Act s24 and GN No.58/1998 – public interest standing – locus standi of a statutory body – leave to apply for judicial review – interlocutory injunction in judicial review (urgency requirement for ex parte relief) – constitutional right of access to information (s37) – disclosure of project documents.
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Judgment |
21 April 2017 |
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Appellate court upheld conviction and concurrent sentences based on recent possession and an unreasonable explanation.
Criminal law – burglary and armed robbery – doctrine of recent possession – possession of stolen property shortly after theft – burden and standard of proof – appellate restraint on sentence interference; concurrent sentences.
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Judgment |
3 April 2017 |
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An interlocutory injunction was continued to preserve land pending trial because damages are inadequate and a serious issue is to be tried.
Land law – interlocutory injunction – preservation of status quo – American Cyanamid principles – serious issue to be tried – inadequacy of damages for land.
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Judgment |
12 December 2016 |
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Judgment |
27 October 2016 |
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Judgment |
13 June 2016 |
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Whether applicants could establish customary land rights against a defendant with documented chief allocation and lawful lease processing.
Customary land – communal use and chiefs’ authority – burden of proof in possession proceedings – Order 113 RSC – consultation and lease processing under Land Act – evidentiary weight of chiefs’ rulings and administrative documentation.
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Judgment |
8 February 2016 |
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Court held parties agreed only to grant use of the mining licence, not its transfer; plaintiffs' claim dismissed, counterclaim granted.
Mines and Minerals — mining licence: 'use' v transfer; contract interpretation — objective approach and surrounding background; agency — licence-holder may use agents (s.43); royalties — contractual obligation and counterclaim; plaintiffs failed to prove breach or loss.
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Judgment |
3 November 2008 |
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Appellate court substituted fines for manifestly excessive custodial sentences for unlicensed charcoal burning.
Forestry Act s.64(A) — making charcoal without licence; sentencing — manifestly excessive custodial sentence; failure to assess value of damaged trees; first offenders — substitution of fines for imprisonment.
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Judgment |
13 July 2008 |
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Customary allottees hold surface-use rights only; government may excavate for irrigation but must restore land and compensate losses.
Customary land – allottee rights limited to surface use; sub-soil and minerals controlled by Minister (s.26 Land Act) – Government/developer may excavate for irrigation but must refill, compensate for destroyed crops/trees, and map lands remaining customary.
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Judgment |
2 December 2007 |
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Delay after an ex parte interim order and genuine disputes over title made mandatory interlocutory relief inappropriate.
Interlocutory injunctions – ex parte interim relief and subsequent delay – mandatory interlocutory injunctions exercised with caution – balance of convenience – competing title/regularization disputes – adequacy of damages.
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Judgment |
23 August 2004 |
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Customary land rights are constitutionally protected; Government cannot evict or reallocate without statutory procedure, compensation, and may be enjoined to prevent environmental harm.
Customary land – constitutionally protected proprietary interest – expropriation requires statutory declaration, notice and compensation – Environment Management Act grants locus standi to any person to prevent environmental harm – injunction to restrain unlawful eviction.
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Judgment |
10 January 2004 |