SUMMARY

Civil Procedure –preliminary points raised in lime – declarator for rights over immovable property – whether High Court has jurisdiction over land cases – point on lack of jurisdiction upheld.

Practice and procedure – Review of employment-related decisions and actions of the government as employer of a public officer – Such disputes fall outside the High Court’s review jurisdiction – The entry point is the fora created by the Public Service Act, i.e. the public officers’ dispute settlement regime.

  SUMMARY

CIVIL PRACTICE: Appeal against the decision of magistrate issuing final orders without first affording the appellant a hearing and for having based his judgment on issues not foreshadowed in the pleadings- Held, appeal must succeed on these grounds

                                                                         SUMMARY

Civil Practice and Procedure: The Plaintiff applying to have the defendant’s plea filed more than a year late, without applying for upliftment of the bar, to be set aside as an irregular step- Held, the such a late filing of plea constitutes an irregular step and is accordingly set aside.

SUMMARY

Practice -  Parties -  Joinder of parties - When required -  Necessary parties - Another party to dispute should be joined - Appeal - Appeal Court taking point of non-joinder mero motu - Form of order.

SUMMARY

Application for rescission of the judgment- The judgment having been granted by default – The ground for rescission being that default judgment was sought for and granted erroneously against the Applicant personally yet the debt was incurred while he was acting for the company – The Applicant having incurred the debt as a sole trader before the company was registered – There being no evidence that the Applicant had at any stage alluded the 1st Respondent about the change of his personal status to that of the Company, the latter was entitled to sue him in his private capacity.  Thus, application refused.  No order on costs.

Summary

Application for substitution - the person to be substituted neither an executor of the deceased’s estate nor his heir but relies on his appointment as a guardian of the deceased’s minor child - whether he lacks capacity to continue with the litigation.

SUMMARY

Civil procedure – application to set aside an irregular step or proceedings – service of notice to amend summons – defendant failing to object before expiry of 14 days – whether computation of the period for objection includes weekends – High Court Rules 1, 4(4), 30 and 33.

SUMMARY

Rescission application – summons served at chosen docilium citandi – applicant alleging that service unreasonably made it difficult to get service or be aware of it – applicant being aware of judgment when served with a writ of execution and notice of sale of property – rescission sought on basis of Rule 45 (a) – whether service proper – whether Rule 45 (a) or Rule 27 (6) controlling – High Court Rules 1980, rules 4, 8, 19, 27 (6), 45 (a) and 47 (3).

SUMMARY

CIVIL PRACTICE: An exception being taken to the pleadings on the ground that the prayer sought in the main does not disclose the cause of action- Given that the prayer seems to present a distinct and separate cause of action not pleaded in the Declaration, held,  it is therefore excipiable- A further exception targeted at Declaration that it does not support some of the claims- Held, that an exception of this sought is not allowed as it does not serve the purpose for which the exception is employed.