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Citation
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Judgment date
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| October 2017 |
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The plaintiff recovered the loan shortfall; the defendants were held jointly and severally liable with interest and costs.
Commercial law – Advance Payment Guarantee – enforcement of bank guarantee payment; guarantor liability and mortgage security; refusal of general damages to avoid double compensation; award of compensatory interest (16% pre-judgment, 7% post-judgment); costs follow the event.
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6 October 2017 |
| September 2017 |
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6 September 2017 |
| August 2017 |
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High Court struck out judicial review where an adequate statutory appeal to the tribunal was available and being pursued.
* Administrative law – prerogative orders – certiorari and prohibition – will not be issued where an adequate statutory appeal remedy exists and is within reach.
* Civil procedure – exhaustion of remedies – requirement to pursue available tribunal appeals before invoking High Court judicial review.
* Jurisdiction – High Court supervisory jurisdiction not a substitute for statutory appellate forums that are accessible or being accessed.
* Effect of tribunal vacancy – expiration of tribunal members' tenure does not automatically render statutory remedies ineffective if proceedings can be registered and pursued.
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4 August 2017 |
| July 2017 |
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The applicant's reliance on settlement negotiations did not amount to sufficient cause to extend time to seek leave to defend.
* Civil procedure – extension of time – application under section 14 Law of Limitation Act – necessity to show ‘‘sufficient cause’’ before court enlarges time. * Summary suit procedure – leave to defend – defendant’s locus standi and capacity to file settlement before leave granted. * Negotiations/expectation of settlement – generally insufficient to constitute sufficient cause for extension of time. * Discretionary relief – court must guard against sympathy and require substantive reasons for delay.
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14 July 2017 |
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Defendants' failure to obtain leave to defend entitled plaintiff to summary judgment, but under Order XXXV Rule 2(2)(a), not Rule 68.
Summary judgment; failure to obtain leave to appear and defend; Commercial Division Procedure Rules (Rule 68) not applicable for summary suits; Civil Procedure Code Order XXXV Rule 2(2)(a); recovery of money under mortgage; interest and costs awarded.
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9 July 2017 |
| June 2017 |
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Defendants' non-appearance warranted marking their defence closed; one sick witness's statement retained; no new claims permitted in amendments.
Commercial procedure — defendants' non-appearance — failure to prosecute defence — Order XVII Rule 2 CPC; retention of absent witness statement for medical reasons — Rule 56(1)-(2) High Court (Commercial Division) Rules GN.250/2012; limits on amendment of pleadings — Rule 24(1) GN.250/2012; no new cause of action by amendment.
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23 June 2017 |
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High Court quashed subordinate court judgment and decree for failing to specify dates for interest, ordering retrial.
Civil procedure – Revision under section 79 CPC – material irregularity apparent on face of record; Interest – requirement that judgment specify dates from which interest runs; Decree must conform to judgment; Executing court cannot correct defects originating in substantive judgment.
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14 June 2017 |
| May 2017 |
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Preliminary objections to an arbitration petition dismissed; petition proceeds to hearing.
* Arbitration Act – petition under Arbitration Rules is an application, not a ‘pleading’ under Civil Procedure Code. * Civil Procedure – Order VI Rule 14 (signature of advocate) inapplicable to arbitration petitions. * Preliminary objections – must be pure points of law; objections requiring factual inquiry or evidence are not suitable for disposal at preliminary stage. * Limitation – computation of time to challenge award depends on when award was received; where receipt is disputed, factual inquiry required.
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3 May 2017 |
| March 2017 |
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Collecting bank’s failure to inquire on an unusually large deposit and a defrauding payee led to liability and refund.
Banking law – duty of collecting/collecting bank to exercise reasonable skill, care and diligence; due diligence in account opening versus duty to inquire on unusual deposits; conversion and unjust enrichment – refund for mistaken payment; contributory negligence for failure to follow contractual handover procedures.
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31 March 2017 |
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Interlocutory injunction dismissed because the executive agency was improperly sued in its own name absent a contract.
Executive Agencies Act s.3(6)(b) – sueable in own name only on contract; Government Proceedings Act s.6(2) – 90-day notice requirement; preliminary objections – timing and disposal of interlocutory applications; joinder of Government and Attorney General where suit not contract-based.
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30 March 2017 |
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Failure to file a request for time to pay with an admission is not excused by the respondent’s lack of acknowledgement.
Civil procedure — Limitation — Section 14(1) Law of Limitation Act — extension of time requires reasonable or sufficient cause; Commercial Division Procedure Rules, Rule 25 — request for time to pay must be filed with admission and supported by financial statement; Registrar’s jurisdiction to consider time-to-pay requests; failure of opposing party to reply does not constitute sufficient cause for delay.
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9 March 2017 |
| February 2017 |
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Failure to apply within 90 days to implead a deceased plaintiff's legal representative causes abatement of the suit.
Civil procedure — Death of plaintiff — Order XXII r.3(1)-(2) Civil Procedure Act — Application to make legal representative a party — Item 16 Schedule to Law of Limitation Act (90 days) — Time runs from date of death — Failure to apply within 90 days leads to abatement; Revival under Order XXII r.9 subject to sufficient cause and Limitation Act; Constitutional plea (Art.107A) cannot displace statutory time limit.
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21 February 2017 |
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Plaintiff’s breach of contract allegations against company and its directors disclosed a cause of action; joinder and veil-piercing possible.
Civil procedure — Order 7 r.1(e) CPC — Pleadings must disclose cause of action; breach of contract allegations sufficient where plaint and annexures connect defendants to claim; Corporate law — separate legal personality — exception to Salomon principle; lifting corporate veil in special circumstances; Joinder — misjoinder — proper to join parties when claims arise from same acts and transactions.
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16 February 2017 |
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A notice of appeal or extension application does not automatically stay execution; court granted arrest but deferred imprisonment pending appeal.
Execution — Decree for payment — Execution by arrest and detention of judgment debtor — Notice of appeal does not automatically stay execution — Application for extension of time to file stay of execution does not itself operate as stay — Court may order stay on sufficient cause — Executing officer to avoid prejudicing pending appeal.
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13 February 2017 |
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Plaintiff cannot be compelled to join shipper or agent as defendants absent a pleaded claim against them.
Civil procedure – Order I r.10(2) CPC – Joinder of necessary parties; doctrine of dominus litis; plaintiff as master of the suit; distinction from third‑party procedure (Order I r.14); costs discretion.
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6 February 2017 |