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17 judgments found.
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January 2024
30 January 2024
Courts – jurisdiction – labour court – jurisdiction to interpret an organisation’s constitution – whether the Labour Court had jurisdiction to interpret an organization’s constitution – Employment and Labour Relations Act, sections 53 and 94(1)
30 January 2024
Ill health alone, supported only by an outdated medical report, does not justify bail pending appeal without current, reliable evidence.
Criminal law — Bail pending trial v. bail pending appeal
— different principles
— prior bail and undertakings alone insufficient
Criminal procedure — Bail pending appeal — Discretionary privilege requiring special, exceptional or unusual circumstances supported by reliable evidence
29 January 2024
26 January 2024
The applicant’s extension to file a revision was struck out because an appeal remained available and revision is not a substitute for appeal.
Appellate practice — Revision — Not a substitute for appeal — Revision permissible only where appeal is unavailable or exceptional circumstances exist
Civil procedure
— extension of time — Application for extension to file revision — Not to be granted where it would serve no purpose because appeal remains available
— jurat of attestation — Alleged defect raised as preliminary objection (not determined)
23 January 2024
Court appointed the petitioner administratrix after finding compliance with probate requirements and no objections.
Probate law
— Grant of letters of administration — Compliance with petition, affidavit, newspaper advertisement and clan appointment — Probate Rules 65, 66, 71(1)
— citation publication — Effect of citation and absence of caveats/objections — Publication and lapse of 14 days without caveat or objection
22 January 2024
Court extended time to file estate inventory due to unresolved bank liabilities preventing timely asset ascertainment.
Probate law — extension of time to file inventory — Whether unresolved bank liabilities and inability to ascertain assets constitute sufficient cause to extend time — Probate and Administration of Estates Act s 107
22 January 2024
Temporary injunction refused—triable issues existed but no irreparable harm and balance of convenience favoured respondents.
Civil procedure — Atilio
Civil procedure — balance of convenience
— affidavit hearsay
— bank recovery and interest
— incorrect citation not fatal
Civil procedure — Irreparable harm
Civil procedure — Temporary injunction
22 January 2024
Application to restore struck-out defence dismissed for falsehoods, lack of supporting evidence and negligent non-appearance.
Civil procedure
— Evidentiary requirement — affidavit of registry officer necessary to prove alleged registry error — Affidavit veracity and supporting evidence
— restoration of struck-out proceedings — Whether sufficient cause shown for non-appearance
22 January 2024
Registrar erred by disregarding a time-barred preliminary objection and permitting registration of a deceptively similar trade mark.
Trade marks — time-limits and extension of time — functus officio — preliminary objection to late counter-statement — overriding objective cannot cure breaches of mandatory limitation provisions — deceptive similarity and goodwill — first syllable and anti-dissection rules.
22 January 2024
A winding-up petition lacking a board resolution is incompetent and was struck out with costs.
Civil procedure
— abuse of court process — concurrent proceedings
— Formalities — verifying affidavit and jurat challenges
— Preliminary objections — competence of petition
18 January 2024
Extension granted where ex parte judgment was invalid for failure to notify the defendant of the judgment date.
Civil procedure — Extension of time to appeal — Illegality on the face of the record
11 January 2024
Failure to attach the decree to the memorandum of appeal renders the appeal incompetent and subject to striking out.
Civil procedure
— Appeals from district court to High Court — Requirement to attach copy of judgment and decree to memorandum of appeal — Order XXXIX r.1 Civil Procedure Code
— Overriding objective — Cannot override mandatory procedural/statutory requirements
11 January 2024
Applicant granted bail pending trial for economic offences subject to substantial monetary/security conditions and sureties.
Criminal procedure — Bail pending trial — Economic offences — Application of EOCCA ss 36(5) — (6): security, bonds and sureties
8 January 2024
Bail pending appeal refused for failure to show exceptional circumstances or produce current, corroborated medical evidence.
Criminal procedure
— Bail pending appeal — Requirement of exceptional or unusual circumstances
— Medical evidence — Ill health as ground for bail pending appeal requires current medical report or prison officer affidavit
8 January 2024
Bail granted pending trial for bailable economic offences subject to substantial monetary/property security and reporting conditions.
Criminal procedure
— Bail pending trial — offences bailable
— non-opposition by the Republic — imposition of monetary and property security, surrender of travel documents, monthly reporting and sureties.* Consistency of bail conditions with those granted to co-accused
3 January 2024
The court rejected preliminary objections, verifying jurisdiction over a contractual loan dispute distinct from employment issues.
Civil procedure — jurisdiction — Contractual Claim — Res Sub Judice Doctrine
1 January 2024