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Citation
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Judgment date
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| January 1999 |
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Court allowed applicant's amended chamber summons, dismissed respondents' procedural objections, and struck 'Amended' from affidavit title.
Civil procedure – Amendment of pleadings – Order 17 CPC permits alteration of pleadings to determine real questions in controversy; Order 6 R.16 & R.18 inapplicable where pleadings are amended for citation errors. Affidavit practice – an affidavit supporting an amended chamber summons functions as the operative affidavit; labelling it "Amended" is a formal error curable by striking the word
Enforcement – relief for failure to comply with Ministerial order remains the substantive issue for hearing
Joinder – propriety of joining a former employee is a substantive matter, not a ground for preliminary striking out
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29 January 1999 |
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Court dismissed preliminary objections and allowed amendments, striking only the word "Amended" from the affidavit.
Civil procedure – amendment of chamber summons and affidavit – scope of leave to amend; Order 6 Rules 16 & 18 CPC – when strike-out is inappropriate; admissibility of amended affidavit where title contains curable defect; enforcement of ministerial reinstatement orders – damages and statutory compensation.
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29 January 1999 |
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Amendments to enforce a Minister's reinstatement order were permitted; preliminary objections and affidavit title defect dismissed.
Security of Employment Act – enforcement of Minister's reinstatement order – amendment of chamber summons – Order VI Rule 17 CPC permits broad amendments – preliminary objections on wrong provisions, new parties and amended affidavit dismissed; affidavit title corrected.
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29 January 1999 |
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An ex parte order was vacated where defendants were present but not called; quantum irrelevant and respondent failed to dispute facts.
Civil procedure – application to set aside ex parte order – non-appearance due to bench clerk omission – absence of advocate not decisive – quantum irrelevant – requirement to file counter‑affidavit/bench clerk affidavit to dispute facts.
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28 January 1999 |
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An extra‑ordinary NEC meeting convened without required procedure and quorum rendered removals and appointments unlawful.
• Constitutional compliance with internal party procedure – convening of extra‑ordinary NEC meeting – Article 5.18 requirements (consultation, notice, quorum). • Natural justice in party disciplinary process – right to be heard before removal. • Limits of NEC powers – suspension vs removal of trustees (Article 20.7). • Validity of membership readmission and branch/district procedure. • Procedural irregularities in voting and quorum render resolutions void.
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27 January 1999 |
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27 January 1999 |
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Appellate court quashes lower court judgment where unpleaded reliefs were granted and damages were not proved.
Civil procedure – pleadings – reliefs not pleaded cannot be granted at trial; Evidence – damages – claimant must prove loss (price difference, duration of delay, or harm) to recover general damages; Attachment/restraint orders – absence of malice in applying for attachment negates punitive damages; Appellate review – erroneous grant of unpleaded relief and failure to prove damages justify quashing lower court judgment.
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26 January 1999 |
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Expulsions by the association’s Executive Committee were unlawful for failure to follow constitution and natural justice; EGM ordered within 45 days.
Unincorporated association — disciplinary expulsions — requirement of written complaint and hearing under association constitution — natural justice; Executive Committee — obligation to convene Extraordinary General Meeting on valid requisition; production of minutes and adverse inference from silence; proper parties — officers of unincorporated association sued in personal names; scope of court's remedies (declaration vs permanent injunction).
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22 January 1999 |
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Objector’s claim of a 1974 gift failed; credible clan evidence showed the land belonged to the judgment‑debtor, so objection overruled.
Execution — Attachment and sale of unregistered customary land; objection to sale; burden to prove proprietary interest; credibility of oral evidence and customary clan inheritance; application of Order XXI Rule 57, Order XLIII(2) and section 95 Civil Procedure Code.
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21 January 1999 |
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The High Court granted the applicants extension of time and leave to appeal, finding delay due to genuine procedural confusion.
Extension of time to appeal; jurisdiction to extend time—High Court vs Court of Appeal; whether procedural error/misadvice constitutes good cause; grant of leave to appeal; costs.
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21 January 1999 |
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Trial court correctly found the accused over 18; convictions upheld but excessive district sentences set aside and substituted with concurrent five-year terms.
Criminal law – age determination – medical opinion not binding; milestone method and witness history relevant; sentencing – district court exceeded jurisdictional limit; appellate revisional powers to substitute sentences, including for non-appealing co-accused.
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15 January 1999 |
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Conviction quashed where trial court misdirected and prosecution evidence was inconsistent and insufficient to prove robbery with violence.
Criminal law – Robbery with violence – sufficiency of prosecution evidence – requirement to prove guilt beyond reasonable doubt
Evidence – assessment of witness credibility and weight where accounts conflict; family-member witnesses. Criminal procedure – burden of proof cannot be shifted to accused by faulting failure to call particular witness. Trial court misdirection – improper reliance on complainant’s statement/medical condition without calling medical or investigative witnesses
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15 January 1999 |
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A night identification may sustain conviction if water‑tight; credible family witnesses and police corroboration can be determinative.
Criminal law – Armed robbery – night-time visual identification – requirement that identification evidence be "water-tight" to sustain conviction
Evidence – relatives as witnesses – family members’ testimony admissible; credibility and circumstances determine weight
Evidence – need for medical testimony – unnecessary where injuries are undisputed and point not raised at trial
Sentencing – age determination – medical examination to ascertain age; Children and Young Persons Ordinance limits explained
Sentencing – corporal punishment – within trial court powers when not excessive
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15 January 1999 |
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Night-time visual identification and corroboration can sustain robbery convictions; age and medical evidence addressed, appeals dismissed.
Criminal law – Identification evidence – Visual identification at night admissible if circumstances render it water-tight (lighting, opportunity, prior acquaintance, corroboration)
Evidence – Family members' testimony admissible; credibility and circumstances determine weight. Criminal procedure – Failure to call doctor immaterial where injuries undisputed and PF3 prima facie evidence
Sentencing – Age uncertainty may be resolved by medical examination; sentencing thereafter lawful
Sentencing – Corporal punishment within court's powers where record supports it
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15 January 1999 |
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Failure to comply with Rule 3 (assessors’ consultation and signatures) renders a Primary Court conviction a nullity; release ordered.
Primary Courts — Procedural requirements for judgment — Magistrate’s consultation with assessors and recording under Rule 3; assessor opinions and signatures; unsigned or jumbled judgment; effect: proceedings nullity; remedy: trial de novo ordinarily, but discretionary release where prolonged custody makes retrial unjust.
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15 January 1999 |
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Conviction quashed where accused were not properly charged/plied to substituted counts and prosecution evidence, including a cautioned statement, was insufficient.
Criminal procedure — substituted charge and failure to obtain fresh pleas; admissibility and weight of cautioned statement — need for testing/authentication and corroboration; sufficiency of prosecution evidence and poor investigation; reliance on accomplice evidence and requirement of corroboration.
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15 January 1999 |
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Conviction quashed where substituted multi-count charge proceeded on an omnibus plea and prosecution relied on uncorroborated cautioned statement and weak evidence.
Criminal procedure — substituted charge — requirement to obtain plea to each count; omnibus plea vitiates trial; cautioned statement — authenticity, trial-within-trial and need for corroboration; insufficiency of hearsay and uncorroborated evidence to sustain conviction.
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15 January 1999 |
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Appeal dismissed: prosecution evidence and cautioned statements were admissible and sufficient; no racial bias or material misdirection found.
Criminal law – sufficiency of evidence – reliance on evidence of watchmen and police; corroboration and credibility. Criminal procedure – cautioned statements – voluntariness and admissibility. Criminal trials – alleged failure to evaluate defence evidence and misdirection
Evidence – interested witnesses and requirement for warning/corroboration. Fair trial – allegations of racial bias in identification and verdict
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15 January 1999 |
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Appellant’s orchestration of theft established; cautioned statements admissible and appeal dismissed.
Criminal law – Theft – Principal offender liability where accused orchestrates removal though not physically removing property; admissibility of cautioned statements – no evidence of coercion; credibility of interested witnesses (watchmen) – corroboration not always required; procedural law – distinction between unsworn testimony and silence under s.293 Criminal Procedure Act; allegation of racial bias must be supported by evidence.
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15 January 1999 |
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Guilty plea quashed where material fact (ammunition officially issued for duty) was withheld and trial court failed to allow mitigation.
Criminal law – plea of guilty – validity and conclusiveness of plea where material facts not disclosed to court; unlawful possession of arms – whether ammunition officially issued for duty becomes unauthorised when soldier leaves post; revisional jurisdiction – quashing plea and sentence where miscarriage of justice appears; curable procedural defects (mis-citation of statute).
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15 January 1999 |
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Revision allowed where a guilty plea was entered without disclosure of material official evidence and without mitigation.
Criminal law — Revision of conviction entered on guilty plea where material facts were not before the court; curable defect in statutory citation; lawfulness of possession of military ammunition issued for duty; failure to allow mitigation may invalidate plea-based conviction.
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15 January 1999 |
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Uncorroborated identification without a parade is unsafe; five convictions quashed, sixth affirmed on recent possession.
Criminal law – Identification evidence – Caution where witnesses are uncorroborated and no identification parade held; danger of mistaken ID – Recent possession and contemporaneous events as corroboration – Armed robbery – Appeal; quashing of unsafe convictions and confirmation of properly corroborated conviction.
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15 January 1999 |
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Primary Court’s failure to comply with assessor consultation rules and absence of a signed judgment rendered proceedings null, convictions set aside.
Criminal procedure – Mandatory consultation with assessors under Magistrate's Courts (Primary Courts) (Judgement of the Court) Rules 1988 – Improper summing up to assessors – Unsigned/jumbled judgment – Nullity of proceedings – Remedy: retrial versus setting aside where prolonged custody makes retrial unjust.
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15 January 1999 |
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Court upheld convictions based on reliable night identification and proper age ascertainment, dismissing evidential and sentencing challenges.
Criminal law – Visual identification at night – necessity of caution but valid where identification is "water-tight"; family-member testimony admissible and assessed on credibility; failure to call doctor not fatal where injuries undisputed; sentencing – corporal punishment lawful within court's powers; age ascertainment for juveniles/young persons and appropriate sentencing where age uncertain.
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15 January 1999 |
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Procedural mis‑joinder and insufficient, uncorroborated evidence rendered the conviction unsafe; appeal allowed, conviction quashed.
Criminal procedure – substitution of charge sheet – accused must be properly arraigned and plead to amended/substituted charges; omnibus plea insufficient
Evidence – cautioned statement – authenticity and probative value must be tested and cannot alone ground conviction without corroboration
Evidence – accomplice/confession corroboration – conviction cannot rest on weak or uncorroborated accomplice evidence or ambiguous admissions. Criminal appeal – conviction unsafe where prosecution fails to link accused to stolen property and investigation is inadequate
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15 January 1999 |
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Appeal dismissed: conviction for theft upheld; cautioned statements admissible and instigation sufficed for principal liability.
Criminal law – theft of government property; sufficiency of evidence; admissibility of cautioned statements; credibility of interested witnesses; principal offender liability where accused instigates or directs theft; unsworn testimony and section 293(2) Criminal Procedure Act (adverse inference for silence).
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15 January 1999 |
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A representative suit is permissive and requires numerous parties; non-joinder is curable and dismissal for want of leave was erroneous.
Civil procedure – Order 1 Rule 8 CPC (representative suits) – meaning of "numerous"; representative suit permissive not mandatory – relator suits not part of domestic law – non-joinder curable by amendment or joinder (Order 1 Rules 9 & 10(2)).
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11 January 1999 |
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Whether a DPP’s discontinuance of a private prosecution is subject to judicial challenge and requires stated reasons.
Criminal procedure – discontinuance of private prosecutions – s.90(1)(c) Criminal Procedure Act; Judicial review and challengeability of DPP certificates; Duty to give reasons or identify factors relied on under s.90(3).
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1 January 1999 |
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Payment in lieu of notice and terminal benefits indicate dismissal was not summary under s.28, so civil courts retained jurisdiction.
Employment law – Summary dismissal – Security of Employment Act s.28 – Payment in lieu of notice indicates entitlement to notice (not summary dismissal) – Jurisdiction of civil courts preserved where dismissal is not summary.
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1 January 1999 |
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1 January 1999 |
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Civil courts lack jurisdiction over claims arising from summary dismissal under the Security of Employment Act; proceedings are a nullity.
Employment law – Security of Employment Act 1964 – Section 28 – Summary dismissal ousts ordinary civil court jurisdiction; related salary deductions and disciplinary penalties must follow statutory procedures. Procedural law – Jurisdiction – where claims are integrally connected to summary dismissal they cannot be split for civil litigation; trial proceedings in such cases are nullities if court acts ultra vires
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1 January 1999 |
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Failure of assessors to sign opinions and judgment nullifies primary court trial, requiring trial de novo.
Criminal procedure – primary courts – assessors’ consultations and signing of opinions/judgment – Rule 3 G.N
No.2/1988 – failure to sign opinions fatal; summing up irregularity does not vitiate absent failure of justice (s.37(2) Magistrates' Courts Act)
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1 January 1999 |
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1 January 1999 |
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Confessions to Sungusungu inadmissible, recent-possession and visual-identification evidence insufficient to prove robbery beyond reasonable doubt.
Criminal law — admissibility of confession to Sungusungu; recent possession doctrine — requirements for identification; accomplice testimony — need for corroboration; visual identification — dangers where observation time, lighting and identification procedures are poor.
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1 January 1999 |
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1 January 1999 |
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Appeal dismissed where credible evidence proved appellants sold employer's goods; convictions and four-year sentences affirmed.
Criminal law – Theft of employer's goods (simsim) – Sufficiency and credibility of prosecution evidence – Acquittal of alleged buyers not exculpatory – Sentence proportionality.
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1 January 1999 |
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Whether a plaint discloses a cause of action where the plaintiff is not the registered proprietor of the disputed plots.
Civil procedure — Preliminary objection — Whether plaint discloses a cause of action where plaintiff lacks registered title; use of Land Registry search as basis for objection. Property/land law — Registered title — effect of Land Registry entries on proprietary and injunctive relief
Procedural — Timing of preliminary objections after prolonged pendency of suit
Interpretation — meaning and scope of "cause of action" in civil pleadings
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1 January 1999 |
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Trial court erred by shifting burden to accused; recent possession doctrine inapplicable, acquittal required.
Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt; accused need only raise reasonable doubt – doctrine of recent possession not applicable where delay and innocent explanations exist.
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1 January 1999 |
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Taxing officer reduced an excessive instruction fee after appeal was dismissed as incompetent; remaining costs allowed.
Costs – Taxation of bill of costs – Reasonableness of instruction fees for appeal – When appeal dismissed as incompetent for lack of certified decree – Reduction (taxing off) of excessive fees; attendance and disbursements allowed if reasonable.
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1 January 1999 |
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A land dispute under s.22(2) Cap.113 is exclusively for the District Court unless exceptions apply.
Land law – Jurisdiction – s.22(2) Land Ordinance (Cap. 113) – disputes over rights under right of occupancy fall within District Court jurisdiction; Civil Procedure Code s.13 – procedural rule to sue in lowest competent court does not oust substantive statutory jurisdiction; pecuniary valuation/alternative damages claims do not confer High Court jurisdiction where a special statute prescribes District Court forum.
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1 January 1999 |
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1 January 1999 |
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Court varied matrimonial asset division because outstanding mortgage threatened appellant’s shelter and respondent’s cash award was inadequate.
Family law – division of matrimonial property – assets acquired during marriage divided after dissolution – homemaker’s contribution and difficulty of quantification. Property law – effect of outstanding mortgage on fair division of matrimonial assets – risk of bank sale may warrant variation of award. Equity and fairness – courts may vary appellate divisions to secure reasonable shelter for elderly parties
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1 January 1999 |
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Eyewitness testimony and the accused's conduct (fetching knives and returning) established malice; provocation rejected; convicted of murder.
Criminal law – Murder – proof of malice aforethought; Defence of provocation (heat of passion) – not established where quarrel was minor and accused fetched weapons; Credibility of eyewitnesses and recovery of weapons as decisive evidence.
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1 January 1999 |
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Appellants properly identified; eyewitness and corroborative circumstances established guilt beyond reasonable doubt.
Criminal law – Theft (cattle) – Visual identification at night – recognition of known villagers in bright moonlight
Evidence – Eyewitness reliability and corroboration – alarm, pursuit, seizure of dropped property, fresh wound and associate’s implication. Appellate review – assessment of identification evidence and elimination of mistaken identity
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1 January 1999 |
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Whether the contractual 40% per annum interest, not the Court rate, applies to the decretal sums and respondent is estopped from disputing it.
Contract law; decretal interest — applicability of contractual interest rate (40% p.a.) versus court rate; estoppel/time-bar; improper unilateral part-payment; District Registrar payment voucher; admissibility of secondary bank-rate documents.
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1 January 1999 |
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Application to review district court ruling and obtain leave to defend a bank counterclaim over allegedly wrongful attachment of vehicles.
Civil procedure – application for extension of time; review and revision of lower court ruling; leave to file defence to counterclaim (Order 35 CPC); wrongful attachment and enforcement of security; loan recovery procedure and priorities of mortgage foreclosure versus seizure of movable assets.
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1 January 1999 |