Khabo v Khabo (C of A (CIV) 72 of 2018) [2019] LSCA 56 (1 November 2019)

Khabo v Khabo (C of A (CIV) 72 of 2018) [2019] LSCA 56 (1 November 2019)

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Judgment
4
SUMMARY Procedure – points of law in limine – lis pendens – procedure for raising it – non-joinder and misjoinder – dispute of fact in motion proceedings – material non-disclosure.
SUMMARY Law of contract- Elements of a valid contract – essentials of a partnership - what constitutes termination of a contract.
SUMMARY CIVIL PRACTICE AND PROCEDURE: Abuse of urgency procedure- Application dismissed with punitive costs for abuse of urgency procedure- Law of property- counter application for a spoliatory relief in relation to incorporeal property- principles considered and applied.
Summary Civil application – Applicants alleging existence of oral agency agreement between the parties – Respondents denying existence of agency agreement but alleging another arrangement – The terms of the arrangement fitting the description of the oral agency agreement and the Respondents conducting themselves in terms of the alleged agency agreement – Consensus inferred from the conduct of the Respondents that there was agency agreement between the parties.