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Title
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Date
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Court granted stay of execution conditioned on applicant furnishing bank guarantee within prescribed period pending appeal.
Civil Procedure - Stay of Execution - Requirements for a stay pending appeal - Timeliness, substantial loss, and security provision - Bank guarantee condition.
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Judgment |
12 November 2024 |
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Court rules on joint liability for instruction fees in a pretrial dismissal case involving multiple respondents.
Taxation of costs – Instruction fees – Awarding of costs – Joint liability versus individual liability of respondents.
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Judgment |
23 February 2024 |
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The appeal was struck out due to failure to comply with procedural rules for serving appeal documents.
Civil procedure - Time limitations for filing appeals - Obligations to serve appeal notices in compliance with court rules - Consequences of non-compliance.
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Judgment |
15 December 2023 |
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Court grants stay of execution pending appeal, requiring applicant to provide bank guarantee due to potential substantial loss.
Civil procedure – stay of execution pending appeal – bank guarantee – risk of substantial loss.
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Judgment |
23 October 2023 |
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Strike out of suit considered a decree, making revision inappropriate without special circumstances; appeal is appropriate.
Civil Procedure - Revisional jurisdiction - Special circumstances - Striking out of suit - Rejection of plaint constitutes decree.
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Judgment |
20 October 2023 |
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An administrator can sell estate property without heirs' consent if acting in the estate's best interest.
Succession law - Administrator's authority - Heirs' consent in estate disposition - Validity of estate transactions.
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Judgment |
6 October 2023 |
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Delay in reporting a suspicious transaction did not expose the bank to liability due to lack of malice or bad faith.
Banking law - Suspicious transactions - Reporting obligations under the Anti-Money Laundering Act - Good faith in reporting.
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Judgment |
7 September 2023 |
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CMA proceedings nullified due to procedural irregularities; case remitted for rehearing.
Labour Law – Procedural irregularities in arbitration – Nullity due to inadmissible evidence – Remittal for rehearing.
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Judgment |
28 August 2023 |
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The court found the suit time-barred as the action accrued in November 2006 without evidence of rescheduling.
Civil procedure – Limitation period – Accrual of right of action – Continuing breach principles – Loan agreements.
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Judgment |
11 August 2023 |
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Errors related to a decision's merits should be appealed, not reviewed.
Limitation of actions – computation from the date of death – Review versus Appeal – decision errors and merit challenges
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Judgment |
24 April 2023 |
Civil Practice and Procedure- execution of decree- powers of the Registrar in the application for execution- whether the registrar can alter the judgment and decree of the Court. |
Judgment |
9 November 2022 |
Civil Practice and Procedure – Application for extension of time- preliminary objections on Limitation of Actions - whether there is time limit to lodge application for extension of time to file leave to appeal - Rule 10 of the Court of Appeal Rules 2009
Civil Practice and Procedure – Judicial Discretion - The granting of an extension of time is at the Court’s discretion
Civil Practice and Procedure - Burden of Proof – The requirement for an Applicant to demonstrate good cause for an extension of time - whether the court has the power to grant extension of time |
Judgment |
5 October 2022 |
Civil Practice and Procedure – summary suit- Whether parties who were not privy to the mortgage deed may be impleaded in a summary procedure and summary judgement entered against them – Order XXXV Rule 1 (C) (i) of the Civil Procedure Code Cap. 33 R.E. 2019.
Legal Methods and Practice - Statutory Interpretation – Plain Meaning Rule. Civil Practice and Procedure – Right to be heard – whether denial of right to be heard renders a decision nullity. |
Judgment |
4 October 2022 |
Civil Procedure and Practice – Dismissal for want of prosecution – failure to
file witness statement at High Court Commercial Division – Consequences and remedy. |
Judgment |
26 August 2022 |
Civil Practice and procedure-hearing of the case-testimonies of witnesses received without oath or affirmation-whether the omission to do so vitiates proceedings. |
Judgment |
14 July 2022 |
Rules of Natural Justice- Right to be heard- Deciding the matter without
hearing the parties- whether it renders the decision void. |
Judgment |
13 July 2022 |
Evidence Law- Burden of proof - person alleges existence or non-existence of
a fact-Whether he has a burden to prove.
Evidence Act-evidence and proof in civil proceedings- Standard of proof in
civil cases.
Evidence Act- Burden of proof - whether the burden of proof shifts
Civil Practice and Procedure – Documentary Evidence – Authenticity of
Evidence - whether the court has to examine documents. |
Judgment |
8 July 2022 |
Civil Practice and Procedure - Appeal – Competence of Appeal – whether missing of records of appeal renders appeal incomplete - Rule 96 (1) (h) and (i) of the Rules Civil Practice and Procedure – Overriding Objective Principle - Rationale of overriding objective principle |
Judgment |
3 December 2021 |
Civil Procedure and Practice – Public Interests Suits – the Attorney General in Public interest cases – Remedy for a person not a party to a suit |
Judgment |
16 March 2020 |
