|
Citation
|
Judgment date
|
| November 2013 |
|
|
Allegation of fraud in an execution sale justified granting an extension of time to apply to set aside the sale.
Limitation Act s.14(1) — extension of time; time runs from date of sale in execution; struck-out application treated as never existing; allegation of fraud in sale constitutes sufficient cause to extend time; application to set aside sale in execution.
|
1 November 2013 |
| August 2013 |
|
|
A director’s unilateral refusal to register an agreed land transfer breached company obligations and merited exemplary damages.
Company law – shareholder contribution by transfer of land – validity of board resolution and signed transfer deed; fraud allegations require strict proof; unilateral rescission of a formal agreement by a director is wrongful; exemplary damages and interest at court rate may be awarded where conduct is malicious.
|
23 August 2013 |
|
Application to set aside summons to arrest managing director for unpaid judgment dismissed; corporate veil not pierced without application.
Execution — summons to show cause and arrest of managing director; competency of affidavits — applicability of Oaths and Statutory Declarations Act v. Notaries Public and Commissioners for Oaths Act; requirement to cite enabling provisions in execution applications; corporate veil — necessity of a specific application and proof before piercing; estoppel for belated preliminary objections.
|
23 August 2013 |
|
Affidavits missing attesting officer’s name, place or date are incurably defective and are struck out.
Civil procedure — Affidavits and jurat — Jurat must state name, place and date of attesting Notary Public/Commissioner for Oaths — Omission renders affidavit incurably defective — Notaries Public and Commissioner for Oaths Act s.8; Interpretation of Laws Act s.53(2) — Court may strike out defective affidavits and may raise point sua sponte.
|
20 August 2013 |
| April 2013 |
|
|
A general claim that a counter-affidavit is argumentative without specifying offending passages is insufficient; objection dismissed.
Civil procedure – Affidavits and counter-affidavits – Order XIV Rule 3(1) Civil Procedure Code – Affidavits confined to facts within deponent's knowledge – Counter-affidavit may oppose allegations but must avoid legal argument – Party alleging affidavit is argumentative must specify offending paragraphs or statements – Failure to particularise warrants dismissal of objection.
|
30 April 2013 |
|
Assignment of a registered trade mark divests proprietorship; assignor may sue for pre-assignment wrongs but cannot enforce rights after assignment.
Trade marks – assignment and registration – assignment transfers proprietorship upon registration; assignor’s right to sue preserved for pre-assignment infringements; statutory infringement requires registered proprietor; passing off requires goodwill, misrepresentation and damage – similarity between "Bata" and "Bora" likely to confuse consumers; claimant divested by assignment cannot obtain relief where assignee (proprietor) is not party.
|
5 April 2013 |
| March 2013 |
|
|
Court dismissed challenge to arbitral award, holding parties consented to procedure and judicial review cannot re‑weigh arbitral findings.
Arbitration Act s.16 – setting aside awards – misconduct or improper procurement; consent to procedural variations – preliminary objections decided in award; issue framing – arbitrator’s discretion where issues proposed by parties; validity of contract – matters for arbitral tribunal; limits of judicial review – courts will not reappraise facts or evidence; allegations of ex parte communications/bias require cogent proof; enforcement – award registrable as decree when statutory grounds not shown.
|
1 March 2013 |
| February 2013 |
|
|
A misdescription of a party in proceedings is a curable typographical error under sections 97 and 17, not a bar to locus standi.
Civil Procedure – Amendment of pleadings – Misdescription/typographical error in party's name – Distinction between clerical mistakes in judgments (s.96) and defects in proceedings amendable under s.97 and s.17 – Locus standi of purportedly misnamed applicant.
|
21 February 2013 |
|
Ex-parte award for unpaid transport services on admission; commercial interest reduced due to lack of proof.
Commercial law – provision of transport services on credit – debt acknowledged by payment‑plan letters – ex‑parte proof assessed on balance of probabilities; documentary evidence (account statement, invoices, demand letter) admissible; interest — commercial rate must be proved, court reduced claimed rate from 30% to 21%; award of costs.
|
18 February 2013 |
|
Applicant failed to show sufficient cause for a five‑month delay; extension of time to file restitution application was refused.
Limitation of actions – extension of time under section 14(1) Law of Limitation Act – requirement to show sufficient or reasonable cause and account for each day of delay; residence and need for directors’ consent held insufficient; courts will not relax procedural time limits absent clear justification.
|
18 February 2013 |
|
Appellate court affirmed hire-award: ownership formalities were not a condition precedent and respondent entitled to rental, interest and costs.
Commercial contract – car hire – condition precedent vs. acquiescence; appellate power to reassess scanty trial judgment (Order XX r.4 CPC); repair and detention claims fail without prior permission; clerical errors in decree curable under s.96 CPC; awards of contractual damages and interest.
|
11 February 2013 |
|
Court of Appeal’s finding of valid sale and bona fide purchase binds the High Court; defendants must surrender possession and monetary adjustments ordered.
* Property law – sale by administratrix – effect of Court of Appeal finding that purchaser was bona fide and property transferred.
* Civil procedure – res judicata and binding effect of appellate decision – trial court bound by Court of Appeal determination.
* Probate and administration – orders against administratrix bind beneficiaries; relief of vacant possession enforceable against beneficiaries.
* Rent/accounting – claimant must adduce specific evidence to support claimed rent; court calculated limited rent owing under existing orders.
|
8 February 2013 |
|
Acknowledgements and part payments (Sept 2007) revived limitation; absence of board resolution is not resolvable as a preliminary point.
Limitation law – Law of Limitation Act s.27(3) – acknowledgement/part payment after original accrual gives fresh start to limitation period; Company litigation – authority to sue – absence of board/company resolution requires evidence and is not a preliminary point of law; Preliminary objections – point of law must be determinable without evidence.
|
5 February 2013 |