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Citation
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Judgment date
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| September 2023 |
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25 September 2023 |
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23 September 2023 |
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15 September 2023 |
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14 September 2023 |
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14 September 2023 |
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14 September 2023 |
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14 September 2023 |
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14 September 2023 |
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14 September 2023 |
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14 September 2023 |
| August 2023 |
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29 August 2023 |
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25 August 2023 |
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25 August 2023 |
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25 August 2023 |
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25 August 2023 |
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17 August 2023 |
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8 August 2023 |
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3 August 2023 |
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3 August 2023 |
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3 August 2023 |
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3 August 2023 |
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3 August 2023 |
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2 August 2023 |
| July 2023 |
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5 July 2023 |
| June 2023 |
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23 June 2023 |
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20 June 2023 |
| May 2023 |
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19 May 2023 |
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11 May 2023 |
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SUMMARY
Tax law: Registration of a company as a VAT vendor in terms of Value Added Tax Act no.9 of 2001-The reckoning of the period in which a vendor must be registered as a VAT vendor in terms of section 17(1) (b) of the Value Added Tax Act- The appellant applying to be registered as a vendor before making taxable supplies – The Commissioner General having approved application for registration and fixing the effective date and later modifying it to coincide with the period when the appellant began making taxable supplies- The appellant claiming credit for input tax in respect of the period prior to its rendering taxable supplies- the respondent rejecting the appellant’s application for credit- The appellant noting an appeal before the Revenue Appeals Tribunal- The appeal having been unsuccessful, the appellant further appealed to the High Court- Held, in agreement with the Revenue Appeals Tribunal, that the appellant was not required to apply for registration before rendering taxable supplies and that the Commissioner General is empowered to reassign the effective date of registration having earlier registered the appellant before it could render taxable supplies- The appeal accordingly dismissed with costs.
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4 May 2023 |
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SUMMARY
CIVIL PRACTICE: The point of lack of jurisdiction of the court being raised for the first time in the heads of argument- propriety thereof- Held, lack of jurisdiction goes to the core of the court’s competency to hear the matter, and therefore it can be raised at any point, even for the first time on appeal.
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4 May 2023 |
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SUMMARY
CIVIL PRACTICE AND LAW OF PROPERTY: Proceedings for contempt of court order- The requisites thereof-Law of property-What the respondent need to prove on resisting the owner’s claim for his property where it was kept in storage on the basis of an agreement with a third party without consent of the owner-In order to be successful, the requisites of negotiorum gestio must be present.
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4 May 2023 |
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4 May 2023 |
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SUMMARY
CIVIL PRACTICE AND PROCEDURE: The applicant failing to make out a case for the reliefs sought- Despite such failure the court relying on the Prayer for ‘Further and/ or alternative relief’ to do justice between the parties ordered that the proceeds be shared equally between the parties in view of the circumstances of the matter- Each party to bear its own costs.
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4 May 2023 |
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SUMMARY
CIVIL PRACTICE AND PROCEDURE: Invocation of Rule 8(10)(c) of the High Court Rules 1980 by the respondent in urgent matters- Whether the respondent is barred from filing answering affidavit if he/she chooses to raise the points of law in terms of Rule 8(10) (c)- Held, in the circumstances of the case, the matter should be decided on the basis of the applicant’s founding affidavit as the points of law raised have no merit- Application granted as prayed.
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4 May 2023 |
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SUMMARY
COMPANY LAW: Judicial dissolution of a company sought by shareholders of the company on the basis of the provisions of section 171(b) (i)- the basis of complaint being that there is a deadlock in the management of the company- principles for determining when a company may be dissolved on the basis of a deadlock in management discussed and applied- The court acceded to a prayer for dissolution.
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4 May 2023 |
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3 May 2023 |
| April 2023 |
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25 April 2023 |
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25 April 2023 |
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25 April 2023 |
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19 April 2023 |
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17 April 2023 |
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SUMMARY
Administrative policies may change with changing circumstances including changes in the political complexion of government. The liberty to make such changes is something that is in here in our form of constitutional government. When a change in administrative policy takes place and is communicated in a department circular, only reasonable expectations that may have been aroused by a previous circular are destroyed. But freedom to change policy is not absolute. It must be weighed with the public interest sought to be safe by change of the policy. There ought to be a justification and this change must be communicated to those who might have the expectations or used by previous policy to ensure fairness and guarantee procedural legitimate expectation of these who may be affected Plaintiff would not benefit in those circumstances”.
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4 April 2023 |
| March 2023 |
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SUMMARY:
ELECTION LAW: Independent Electoral Commission (IEC) and other interested parties lodging an election petition under the provisions of Section 125 (c) of the National Assembly Electoral Act, 2011(“the Act”) on account of the error it committed when calculating proportional representation seats in the wake of the General Elections held on 7 October 2022- Held, that the IEC committed an error by not excluding the Revolution for Prosperity Party and National Independent Party in the second round of seat allocation contrary to Section 3 (2) (b) of the Third Schedule to the Act, the two parties having won more or equal constituency seats, respectively, than their provisional allocation of seats.
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30 March 2023 |
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SUMMARY
Arbitration – Parties agreeing to have their dispute resolved by arbitration – Once a party signs for arbitration, it cannot invoke jurisdiction of High Court when arbitration agreement is extant and its enforcement is not against public policy – Agreements freely entered into must be honoured.
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27 March 2023 |
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SUMMARY
Agreement of sale of plot-Cancellation of the sale agreement-Defendants excepting to court’s jurisdiction-Exception misguided and not in conformity with guiding principles- exception dismissed.
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27 March 2023 |
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SUMMARY
Law of contract- Elements of a valid contract – essentials of a partnership - what constitutes termination of a contract.
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21 March 2023 |
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16 March 2023 |
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SUMMARY:
Tender Panel making award to a tenderer not recommended by Evaluation Team – Tender Panel properly exercising its powers in declining the recommended tenderer whose tendered price was irregular – Public Procurement Advice Division does not have jurisdiction to entertain an appeal from a dissatisfied tenderer without recourse, in the first place, to the Procurement Unit – The decision of the Tender Panel stands.
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13 March 2023 |
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SUMMARY
Murder – Crown failing to prove beyond reasonable doubt that the accused persons sharing a common purpose, had the necessary intention to kill the deceased. Accused persons found guilty of culpable homicide- Accused persons ought reasonably to have foreseen possibility of resultant death, and that such death ensued.
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9 March 2023 |
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SUMMARY
Contempt of Court – The law on contempt of court re-stated and discussed
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7 March 2023 |