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History of this document
31 December 2023
Chapter 183
Revised Laws 2023
Consolidation
01 January 2011
28 May 2010 this version
20 May 2010
Assented to
Cited documents 0
Documents citing this one 8
Judgment
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Trial and appellate judgments were quashed for inadequate reasons, misapplication of maintenance law, failure to assess contributions, and assessor procedural defects.
* Civil procedure – adequacy of judgment – requirement for concise statement of evidence, points of determination and reasons.
* Family law – division of matrimonial property – necessity to ascertain parties’ contributions under s.114 Law of Marriage Act.
* Family law – maintenance of issue – matrimonial maintenance governed by Law of Marriage Act, not Persons with Disabilities Act in matrimonial causes.
* Primary Courts – requirement to consult and record assessors’ decision and signatures; failure renders proceedings defective and may require retrial.
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Court authorised limited Cell ID mobile tracking to locate and arrest judgment debtors, subject to privacy safeguards.
Civil procedure – enforcement of decree – authorisation of mobile-phone tracking (Cell ID) to locate judgment debtors; privacy vs. law-enforcement exceptions under Electronic and Postal Communications Act and G.N. No.208/2013; tracking limited to location data for arrest.
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Lower court erred in granting divorce and dividing assets without proving assets or considering the appellant’s disability.
Matrimonial law – divorce – proof of denial of conjugal rights vis-à-vis disability; division of matrimonial assets – requirement to prove existence, status and parties’ contributions (s.114(1) & (2)(b) Law of Marriage Act); right to be heard – court-directed examination and calling of witnesses; remedy – quash and trial de novo.
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Court appointed a next friend for a person of unsound mind to facilitate adoption proceedings.
Civil procedure — Appointment of next friend for a person of unsound mind; Order XXXI r.1, r.4, r.15 CPC; Persons with Disabilities Act 2010; GN No.110/2019 (vulnerable groups rules); adoption proceedings.
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Court appointed applicant as next friend and caretaker for an incapacitated person to protect his property interests.
* Persons with Disabilities Act 2010 – section 15(1) – appointment of next friend for person of unsound mind; * Civil Procedure Code, Order XXXI (rules 1,3(2),3(3),4(1),5(1)) – procedure for appointing next friend; * Evidence – medical report (schizophrenia) as basis for finding incapacity; * Protection of property interests of incapacitated person; * Fitness of relative caretaker to be appointed next friend.
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Law Reform Report
2Subsidiary legislation
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Title
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| Government Notice 152 of 2012 |