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Citation
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Judgment date
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| October 2021 |
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Failure to admit crucial documents at trial violated the right to be heard, vitiating proceedings and meriting a fresh hearing.
Administrative law – Natural justice – Right to be heard – Failure to receive crucial documentary evidence vitiates proceedings. Civil procedure – Evidence – Admission of documents at trial tribunal – Non-receipt of key documents as ground for quashing judgments. Remedies – Quashing of trial and appellate records and order for fresh hearing where right to be heard breached.
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29 October 2021 |
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28 October 2021 |
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Non-joinder of the municipal allocating authority rendered the tribunal’s decision on the surveyed plot a nullity.
Land law – allocation of surveyed plots – evidence of allocation by municipal authority and certificate of occupancy. Civil procedure – Joinder – necessary party – allocating authority must be joined where its participation is essential to resolve surrender and compensation issues. Appellate review – first appellate court entitled to re-evaluate and critically scrutinize trial evidence. Non-joinder of necessary party renders proceedings and judgment susceptible to being quashed and set aside.
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28 October 2021 |
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27 October 2021 |
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27 October 2021 |
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26 October 2021 |
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Two‑year cohabitation raises a rebuttable presumption of marriage; courts may divide assets though no formal marriage was proved.
Law of Marriage Act s160(1) – presumption of marriage from two years' cohabitation; payment of bride price not conclusive proof of customary marriage (s43 registration required); s160(2) – power to make consequential orders including property division; s114(2)(b) – consider contributions in asset division; gifts to third parties (in‑laws) are not matrimonial property unless conditional.
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25 October 2021 |
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25 October 2021 |
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Warehouse operator liable for misdelivery; bank-issued receipts proved payment, entitling plaintiff to damages and interest.
Contract – sale by auction – payment evidenced by bank release warrants and warehouse receipts; Warehouse law – liability for misdelivery rests on warehouse operator; Evidence – presumption of regularity for official documents (s.122 Evidence Act); Administrative remedies and guidelines do not oust court jurisdiction; Corporate capacity to sue is a factual issue requiring proof.
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22 October 2021 |
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A preliminary ruling on limitation was improper where factual issues about conditional occupation required evidence.
Land law – Limitation of actions – Whether time runs from the deceased’s death where occupier was an invitee with conditional permission; preliminary objections – questions of fact requiring evidence cannot be decided at preliminary stage; right to be heard – dismissal on preliminary point without evidence vitiates proceedings.
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22 October 2021 |
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Appeal from District Land and Housing Tribunal filed after the statutory 45-day limit is time-barred and dismissed with costs.
Land law – Appeals from District Land and Housing Tribunal – Time limit under section 41(2) Land Disputes Courts Act – Computation from date of delivery of judgment – Certified copies and exclusion of waiting time – Section 19(2) Law of Limitation Act requires written request – Appeals filed after prescribed period dismissed under section 3(1) Law of Limitation Act.
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22 October 2021 |
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Labour revision dismissed for want of prosecution due to applicant’s unexplained absence and non‑compliance with court orders.
Civil procedure – dismissal for want of prosecution – failure of applicant/counsel to attend scheduled hearing. Court orders – non‑compliance with court directions undermines administration of justice. Labour law – revision dismissed where applicant fails to prosecute proceedings.
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21 October 2021 |
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Failure to record and present assessors' opinions vitiated DLHT proceedings, requiring nullification and retrial.
Land Disputes Courts – Tribunal composition – assessors must give written opinions before judgment and those opinions must be on the record and available to parties; failure to do so vitiates proceedings and necessitates retrial; procedural irregularities v. incurable irregularity; sale of mortgaged property and valuation/statutory compliance (s.133 Land Act) raised but not decided.
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21 October 2021 |
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20 October 2021 |
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20 October 2021 |
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18 October 2021 |
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15 October 2021 |
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11 October 2021 |
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8 October 2021 |
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8 October 2021 |
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8 October 2021 |
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8 October 2021 |
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8 October 2021 |
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8 October 2021 |
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7 October 2021 |
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Valid sponsorship contract; special damages proved; loss of business unproven; general damages reduced.
Contract law – validity and sanctity of in‑service sponsorship agreement; Evidence – admissibility and proof of documentary exhibits; Trustees/companies – capacity to contract via officers; Damages – special damages require strict proof; Loss of business must be proved on balance of probabilities; General damages discretionary — appellate reduction for excess; Limitation – cause of action and six‑year period.
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5 October 2021 |
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Conviction quashed where accused was denied right to be heard; retrial refused due to unavailable victim.
Criminal procedure – right to be heard – denial of opportunity to present defence – fundamental breach of natural justice vitiating conviction; retrial discretionary where key witness/victim absconds; preliminary objection on time-limitation not determinative when fundamental irregularity exists.
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5 October 2021 |
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5 October 2021 |
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5 October 2021 |
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4 October 2021 |
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1 October 2021 |