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457 judgments found.
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December 2024
A conditional stay of execution was granted to prevent demolition of disputed property pending appeal, upon fulfillment of legal requirements.
Civil procedure — Stay of execution
27 December 2024
Stay of execution granted pending appeal, conditional on security by bank guarantee due to risk of substantial loss to applicant.
Civil procedure — Application for stay of execution
24 December 2024
Ministerial directive and appellate role did not invalidate disciplinary process; no proven bias or unlawful parallel proceedings.
Administrative law
— Administrative appeals — Minister as final appellate authority — Doctrine of necessity and statutory appointment
— Judicial review — certiorari — Alleged breach of natural justice and bias
Employment law — Disciplinary procedure
24 December 2024
Termination for gross misconduct in banking upheld as procedurally and substantively fair despite technical irregularities in arbitration process.
Labour law — unfair termination
— employment disciplinary proceedings
— evidentiary requirements
— gross misconduct
— investigation reports
— overriding objective
— procedural irregularities
— procedure before the Commission for Mediation and Arbitration
— question and answer format
— recording of evidence
— sufficiency of notice and right to be heard
23 December 2024
A stay of execution pending appeal was granted upon the applicant meeting rule 11 requirements and offering sufficient security.
Civil procedure — Stay of execution — Labour law
13 December 2024
Application for stay of execution dismissed as time‑barred for being filed beyond the 14‑day limit.
Civil procedure
— Execution of decree — pending appeal not a bar absent stay of execution
— Stay of execution — Rule 11(4) 14‑day time limit — out‑of‑time stay application
10 December 2024
An application for stay of execution was struck out as time-barred, procedurally improper, and overtaken by execution events.
Civil procedure — Application for stay of execution — Time limits for filing — Compliance with court orders — Prematurity or mootness due to execution already commenced
6 December 2024
The Court of Appeal lacks jurisdiction to grant injunctions restraining mortgagee sales where the High Court was not first approached.
Civil procedure — Appellate jurisdiction — Temporary injunctions — Mortgagee’s power of sale — Proper forum for applications for injunctive relief
2 December 2024
November 2024
Court of Appeal cannot stay a public auction not based on a court decree or order; stay application struck out as incompetent.
Civil procedure — Stay of execution — jurisdiction of Court of Appeal — applicability of inherent jurisdiction where specific remedy exists — mortgagee's right to auction outside court execution process
28 November 2024
The Court held that a finance manager’s unauthorized use of employer’s funds justified dismissal, upholding only statutory post-dismissal entitlements.
Labour law — termination of employment
— Misappropriation of employer’s funds as gross misconduct
— Notice requirements for disciplinary hearings
— Remedies and statutory entitlements post-termination
— Subsistence allowance
— Appeal limited to points of law
— substantive and procedural fairness
28 November 2024
Where time is not of the essence, minor delays in payment due to circumstances beyond a party's control do not defeat specific performance in a land sale contract.
Contract — Sale of land
— Amendment of pleadings
— Breach of contract
— Delay in bank transfers
— Procedural fairness in amendments
— Interpretation of payment terms in property transactions
25 November 2024
Appellant failed to prove ownership of disputed land; criminal proceedings did not establish civil title.
Land law — ownership dispute — burden of proof on claimant to prove title
Evidence
— Use of evidence/record from separate criminal file — Relevance of criminal judgments under s43A Evidence Act
— Hearsay — Hearsay inadmissibility (s 62)
25 November 2024
A finding of unfair termination requires reinstatement unless impracticable, with strict adherence to procedural fairness in disciplinary hearings.
Labour law — unfair termination — procedural fairness — Reinstatement as primary remedy where pleaded — Compensation in lieu of reinstatement
21 November 2024
A court cannot decide an unpleaded issue sua sponte without first giving the parties opportunity to be heard.
Civil procedure
— court raising issues suo motu — failure vitiates proceedings
— natural justice — right to be heard — court raising issue suo motu and deciding without hearing parties renders decision a nullity
Labour law — Revision proceedings — Scope limited to grounds on record — New issues require parties’ opportunity to address
21 November 2024
A stay of execution was refused due to false and unsubstantiated claims in the applicant's supporting affidavit.
Civil procedure — Application for stay of execution
20 November 2024
Failure to properly verify substantive affidavit paragraphs renders an application for stay of execution fatally defective and incompetent.
Civil procedure — Stay of execution — Defective affidavit — Labour law context
19 November 2024
Dismissal of appeal challenging refusal of specific performance and special damages for unproven commercial loss due to business eviction.
Civil procedure — documentary evidence
— admissibility of documents with name discrepancies
— appellate interference with trial court's discretion
— damages
— proof required for pecuniary claims
— special and general damages
— specific performance
19 November 2024
An application to deem a notice of appeal withdrawn for inaction failed due to lack of proof of service of documents.
Civil procedure — Notice of appeal — deemed withdrawal — Burden of proof — Service of notice and appeal documents
19 November 2024
A single Justice cannot depart from Court of Appeal precedent; the Court lacks jurisdiction to grant a stay pending review.
Civil procedure
— Precedent and stare decisis — Departing from Court of Appeal decisions — Full bench required under rule 4A
— stay of execution pending review — Court of Appeal lacks jurisdiction to entertain stay pending review
Jurisdiction — statutory nature of court jurisdiction — Court cannot assume powers not conferred by statute or Rules
19 November 2024
An application for stay of execution filed out of time under Rule 11(4) must be dismissed regardless of officer serving notice.
Civil procedure — Stay of execution — time limitation
19 November 2024
Failure to properly serve appeal documents within required timelines renders an appeal incompetent and liable to be struck out.
Civil procedure — Appeal
— Consequences of non-compliance
— Time barring of appeals
— Ignorance of law or counsel’s mistake no excuse
— Labour matters
— Mandatory procedural requirements
— Service of notice of appeal
— Service of letter requesting appeal documents
19 November 2024
Failure to plead grounds for review and account for delay renders an application for extension of time incompetent.
Civil procedure — extension of time — Application for review — Duty to account for delay
19 November 2024
A conditional stay of execution was granted where applicants met all legal requirements and demonstrated risk of irreparable loss.
Civil procedure — Stay of execution
19 November 2024
LCF4, not CMAF10, initiates High Court labour revision; reinstatement replaced by 12 months' compensation as impractical.
Labour law
— Revision jurisdiction — Initiation by LCF4; CMA Form 10 merely calls for record transmission
— Remedies for unfair termination — Distinction between compensation and reinstatement in review proceedings — Section 40 ELRA/Rule 32 GN. No. 67 of 2007
Evidence — Admissions — Denial with apology or promise of caution is not an admission of disciplinary guilt
15 November 2024
A person who reports a crime in good faith is not liable for police error resulting in the wrongful arrest of third parties.
Tort — False imprisonment — elements of proof — hearsay evidence — reporting crime to police
15 November 2024
A respondent must prove the existence of a joint venture before claiming enforcement of its dissolution and related payments.
Contract — Joint venture — Burden of proof
15 November 2024
Spousal consent is not required for transfer of property if the spouse never resided there and approval by land authorities was obtained.
Land law — Transfer of property — Matrimonial homes — Spousal consent — Approval by Commissioner for Lands
15 November 2024
A suit for land was nullified due to insufficient property description in the plaint as required by civil procedure rules.
Civil procedure — Pleadings — Plaint for immovable property — Sufficiency of description
14 November 2024
Revoking an appointment without giving the affected party a hearing renders the decision a nullity for breach of natural justice.
Civil procedure — Right to be heard — revocation of an administrative appointment — nullification of High Court proceedings and orders made without affording a party the right to be heard
14 November 2024
A review application was dismissed as the alleged errors were not manifest on the face of the judgment and did not warrant rehearing.
Criminal law — review of Court of Appeal decision — manifest error on the face of the record — deprivation of the right to be heard
14 November 2024
Procedural and evidentiary challenges to a drug trafficking conviction dismissed where non-fatal irregularities caused no prejudice and proof was sufficient.
Criminal procedure — Jurisdiction of the High Court in economic offences — Validity of consent by the Director of Public Prosecutions — Search and seizure — Emergency searches — Admissibility of physical exhibits — Proof beyond reasonable doubt in drug trafficking cases
14 November 2024
A notice of appeal may be struck out for failure to take essential procedural steps within prescribed time limits.
Civil procedure — Appeals — Notice of appeal — When notice of appeal may be struck out under
13 November 2024
Court nullified property-division orders for denying the lawful wife her right to be heard.
Family law — Matrimonial property — Right to be heard — Audi alteram partem
Appellate practice — Revisionary powers — Remedy by nullification and order for retrial de novo — Appellate Jurisdiction Act s 4(2) and Court of Appeal Rules, Rule 4
13 November 2024
Registrar may refuse documents for form defects only; declaring an application res sub-judice is a judicial function.
Civil procedure — Court of Appeal Rules, 2009
— Administrative v judicial functions — Res sub-judice determination is judicial, not administrative
— Registrar's power to refuse documents — Rule 14(3) read with Rule 12 (refusal limited to defects of form)
13 November 2024
A public servant must exhaust all internal remedies under the Public Service Act before approaching the CMA for labour disputes.
Labour law — Public servants — Exhaustion of internal remedies — Jurisdiction of the CMA
13 November 2024
A domestic order revoking arbitration between a respondent and a third party does not bind a non‑party appellant.
Arbitration — registration of arbitral award — Jurisdictional objections and effect of prior domestic court orders — Whether prior order ousts arbitral tribunal's jurisdiction
Civil procedure — Effect of prior judgment — Judgment in personam versus in rem — Whether a decision in personam binds non‑parties
13 November 2024
Illegality in a challenged decision can constitute sufficient reason for extension of time and must be considered by the court.
Civil procedure — extension of time — Illegality or irregularity as sufficient reason — Proper approach by courts — Duty to consider allegations of illegality when raised in applications for extension of time
12 November 2024
Alleged illegality in a decision is sufficient reason for extension of time to challenge it; High Court misdirected itself.
Civil procedure — extension of time — Illegality of impugned decision as sufficient reason — High Court misdirection in refusing to consider illegality — Quashing of ruling and remittal for rehearing
12 November 2024
A stay of execution was granted pending appeal on condition the applicant provide a bank guarantee within one month.
Civil procedure — Stay of execution pending appeal
12 November 2024
An application for stay of execution was struck out as time-barred for being filed outside the prescribed period without an extension.
Civil procedure — Stay of execution — limitation period — struck-out applications do not save time — extension of time required for fresh application filed out of time
12 November 2024
Preliminary objections failing to cite specific law or disposing the matter cannot succeed in the Court of Appeal.
Civil procedure — preliminary objection — Content and effect of preliminary objection in Court of Appeal
12 November 2024
Reference dismissed: procedural defect cured but applicant failed to prove substantial loss or provide acceptable security.
Appellate practice — Appellate review — limited grounds for interfering with a single Justice’s exercise of discretion (irrelevance, omission, misapprehension, or plainly wrong decision)
Civil procedure
— Reference against decision of a single Justice — competence of reference where instituted by notice of motion without affidavit
— Stay of execution
12 November 2024
Striking out an application for being time-barred does not preclude the filing of a subsequent extension of time application.
Civil procedure — extension of time — striking out versus dismissal — whether striking out for time-barred applications precludes subsequent applications for extension of time — distinction between dismissal and striking out of applications
12 November 2024
Court may invoke rule 4 to stay execution pending extension application despite rule 11(4) time limit.
Civil procedure — Court of Appeal — stay of execution pending extension of time application
12 November 2024
An undertaking to provide security can suffice for a Rule 11 stay of execution pending appeal, subject to court-ordered security.
Civil procedure
— Security for stay — firm undertaking to provide security may suffice — Court discretion as to form and amount of security
— Stay of execution — Court of Appeal Rules, Rule 11(4),(5),(7)
8 November 2024
A court upheld the refusal to extend the deadline for filing a witness statement due to insufficient justification and lack of evidence.
Civil procedure — extension of time — relevance of counsel’s personal commitments — strict observance of procedural timelines
8 November 2024
An application for stay of execution was struck out as there was no executable court order to be stayed.
Probate law — application for stay of execution — requirement of executable order
7 November 2024
A subsistence claim from delayed repatriation is res judicata if not raised in the execution of the original award.
Labour law — Repatriation costs and subsistence allowance — Claim for subsistence arising from delay in repatriation — Res judicata and execution proceedings, Civil Procedure Code s 38(1), Employment Ordinance s 53
Civil procedure — Revision — Affidavit formalities (requirement to state legal issues in affidavit; Labour Court Rules r 24(3)) — Abandonment of unargued grounds
6 November 2024
An application for stay of execution is incompetent where the decree does not confer any executable rights to either party.
Civil procedure — Application for stay of execution — executability of decree — dismissal of suit without conferring rights — competence of application for stay of execution where no executable
6 November 2024
A trial court's reliance on unsworn testimony fatally vitiates the proceedings and necessitates a retrial before a new judge.
Civil procedure — Evidence — proceedings based on unsworn evidence — consequences of relying on invalid testimony — nullification of judicial proceedings and order for retrial
5 November 2024