Commercial Division - 2022 December

4 judgments

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4 judgments
Citation
Judgment date
December 2022
SUMMARY Application – Authority to institute legal proceedings on behalf of artificial person seriously challenged – Onus on the deponent to the founding papers to provide more than minimum of evidence that the proceedings are duly authorised – A director does not have authority to institute legal proceedings on behalf of artificial person by virtue of position – Authority to institute legal proceedings must be duly conferred – The deponent to the founding papers failing to thwart challenge to his authority – Application dismissed.
15 December 2022
SUMMARY CIVIL PRACTICE: Application for stay of execution pending appeal against a provisional sentence in circumstances where the leave of Court of Appeal should have been sought- Application dismissed as appeal was lodged without the leave of the Court of Appeal being sought.
14 December 2022
SUMMARY CIVIL PRACTICE: Application for leave to appeal a final order before the High Court- Held, the order being appealed against being final in nature and effect, the applicant should appeal straight to the Court of Appeal- leave of the High Court should only be sought against the judgment of the High Court exercising its civil appellate jurisdiction – Approach to dealing with an exorbitant amount reflected on the Writ of Execution than the amount that is owed by the judgment debtor, articulated.
14 December 2022
SUMMARY CIVIL PRACTICE: Application for variation of judgment under common law- Principles applicable considered and applied.
14 December 2022