The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
The court dealt with an application for an extension of time to appeal. The court reiterated the test that must be satisfied for an application for extension of time. The applicant must file an affidavit showing good and substantial reasons for the failure to appeal within time; and propose grounds of appeal that good cause why the appeal should be heard. The court held that the applicant had shown both good and substantial reasons as to why he failed to file appeal with the correct framework and proposed adequate grounds for appeal.
This was an appeal of the decision of a lower court to grant the respondents leave to amend their writ of summons in terms of substituting the 1st to the 12th plaintiffs with their personal representatives and guardians. The writ was taken out in the names of the deceased victims of the fire incident occasioned by the appellant. The appellant, via a notice of preliminary objection challenged the jurisdiction of the court to hear the application having been brought by deceased persons. This preliminary objection was not dealt with by the lower court in its decision.
The court held that the lower court committed a serious error when it did not consider a preliminary objection which challenged the jurisdiction of the court. A court must always establish that it has jurisdiction before it deals with any matter such as the merits of an amendment.
The court further held that the law recognizes two categories of persons who can sue and be sued. They are natural persons with life, mind and brain; and other bodies or institutions having juristic personality.
Accordingly, a dead person ceases to have legal personality and can neither sue nor be sued.
Therefore if the original writ of summons and initiating process are void, the court lacks jurisdiction to entertain or enter judgment in the matter. Based on the above principles, the court upheld the appeal and struct out the claim for want of jurisdiction.
This case concerns liability for damage caused to a vessel.
The court considered whether the trial court had jurisdiction over the second appellant which was only served indirectly. The court held that where a party does not object to any irregularity or invalidity in the service of process on him before
The trial court, he waives his right. In this case the second appellant, then defendant, did not object. Consequently, the court found that the trial court did indeed have jurisdiction.
The second ground of appeal was declared incompetent.
The court also considered whether the trial court had taken into account all evidence. It held that where a trial court unquestionably evaluates the evidence adduced and appraises the facts, it is not the business of the appellate court to substitute it is own view. The court was satisfied that the trial court took all evidence into account, although it was not explicitly referred to in the judgement. Consequently, the court decided against the appellants.
The court finally considered whether the negligence precludes the right to limit liability. It held that the ship master is the alter ego of the vessel on behalf of the owner. Consequently, the owner, together with the other appellants, was held jointly and severally liable.
The appeal was dismissed.
The issue was whether a claimant is allowed by court rules to file witness statements and other documents in reply to a defendant’s defense to a claim.
The dispute emanated from a lower court’s decision to strike out the appellant’s reply to the respondents’ defense. The reply was struck out on the basis that it contained a written statement on oath and documents which was regarded as an amendment of the pleadings.
The appellant was challenging the decision to strike out on the grounds that the court rules impliedly provides for further documents and statements in reply to a defendants’ defense. On the other hand, the respondents opposed the appeal on the ground that the court rules do not provide for a reply to be accompanied with a witness statement and any other document.
In deciding the matter, the court held that order 18 of the High Court rules which deals with a reply to a statement of defense does not require that any document or statement shall be accompany such reply. It further ruled that where the words in a statute are clear and unambiguous, they ought to be accorded their simple grammatical interpretation. The appeal was thus dismissed.
The dispute emanated from an agreement between the appellant and the respondents to clear a debt owed to the appellant by the respondents. The agreement provided for reduction of the debt on the grounds that the respondents pay an initial payment of 500 million and the balance before the exit of Central Bank examiners who had who had come to inspect the appellant bank. After payment of all debt, the appellant required the respondents to pay R5.5 billion alleging that it did not pay the balance as agreed.
The respondents approached the court and an order that parties should maintain status quo until the matter was resolved was granted. The appellant then filed a petition to wind up the respondents which prompted the respondents to approach the court seeking a committal order arguing that the appellant was in contempt of court. This was opposed by a preliminary objection seeking to strike out the committal order. The court granted the objection while pointing out that it had no jurisdiction to decide on the matter.
The appellant appealed the decision to strike out citing lack of jurisdiction of the trial judge and that the judge did not consider all issues raised by appellants and that it should have dismissed not strike out the committal order.
The held that the trial judge correctly dealt with the issue and that since he had no jurisdiction, it was not necessary for him to consider issues regarding the merits of the case and dismissed the appeal.
The issue was whether the trial judge’s decision was affected by the lapse of time (19 months) between the adoption of written addresses and the delivery of judgment. The dispute emanated from the dismissal of the respondent as the principal assistant registrar of the appellant college. The respondent successfully challenged the dismissal and the lower court awarded him damages amounting to approximately 1.6 million Naira together with reinstatement.
The appellant challenged the lower court’s ruling on the grounds that due to the time lapse between the hearing of evidence and delivery of judgement the trial judge was not able to make proper judgement. The appellants further argued that the s 294(1) Constitution requires that judgement must be delivered in 3 months.
The court pointed out that section 294(5) of the Constitution also provides that delay in the delivery of judgment does not lead to a judgment being vitiated. The delay must occasion a miscarriage of justice to result in such a conclusion.
In deciding the matter, the court held that the errors made by the trial judge shows that he was no longer in position to properly appraise the evidence. This resulted in the miscarriage of justice and the appeal was upheld.
The issue determined by the courts was whether the appellant was an interested party in the suit and whether the firstand second respondent were owners of the property in dispute.
The dispute emanated from the decision of the lower court to award a certificate of occupancy to the respondents after their original certificate was revoked. When their original certificate of occupancy was revoked the land was allocated to the appellant who had built a shopping mall. The appellant challenged the decision to award the occupancy certificate to the respondents. It argued that the trial court lacked jurisdiction to hear the matter because of non-joinder of all parties whose rights were affected by the court’s decision. The appellant further claimed that their right to fair hearing was infringed.
The respondents argued that the revocation of the original occupancy certificate was null and void because it was in breach of the Land Act. They contended that they could not join the appellants because they did not know of their existence and they were original owners of the land.
In deciding the matter, the court held that the respondents knew of the existence of the appellant and had a legal duty to join the appellant in the suit so that they can be given an opportunity to be heard. It ruled that the court had no jurisdiction to make orders that bind a party who was not given an opportunity to be heard. The appeal was thus upheld.
The appeal was against a garnishee order attaching a sum of approximately N97 million belonging to the appellant granted by the lower court. The appeal was based on the claim that the garnishee order was made without hearing the appellants’ earlier motion for a of stay execution. This, the appellants argued, was a violation of their right to a fair trial.
The respondent raised a preliminary objection that the appellant had no standing because it was judgement debtor, not the garnishee. It further argued that the appellants had not obtained leave to appeal.
The appellants responded by pointing out that they were respondents to the garnishee application, and that the funds that were to be attached belonged to them. Thus, they had locus standi (the standing and right to file this appeal).
The court held that it is only the garnishee that can appeal an order made by the court. It ruled that garnishee proceedings are strictly between the creditor and the garnishee. It found that the appellant lacked locus standi to file the appeal and the appeal was dismissed.
The court considered whether the failure to omit the court name in a notice of motion and error in arrangement of parties invalidated the application.
The court held that a notice of appeal is the foundation and any defect to it renders the whole appeal incompetent. In that regard, to validly invoke the jurisdiction of a Court of Appeal, it must be shown that the decision appealed against arose from the courts listed in s 240 of the Constitution.
The court found that the particulars of the claim did not invoke the jurisdiction of the court of appeal which is a material defect. Moreso, cannot be cured by an amendment. Therefore, the court was not able to grant the reliefs claimed.
The court accordingly dismissed the application.
The court considered whether the State High Court had jurisdiction to entertain a matter about mines and minerals.
The court held that according to s 251(1)(n) of the Constitution as amended, the Federal High Court had jurisdiction about mining operations.
The court found that the statement of claim showed that the cause of action accrued in 1996; therefore, the law that was in existence at that time is applicable. Further, the court found that the construction, operation and maintenance of an oil pipeline by a holder of oil prospecting license is an act of mining operations. The facts of the case therefore fell within s 230(1)(0) of the 1979 Constitution. The trial court lacked jurisdiction.
The court accordingly upheld the appeal.
The court considered three issues. Firstly, how a court should exercise its discretion in regulating a motion meant to regularise the process and the other meant to terminate the process. Secondly, whether the respondents were necessary parties to the suit. Lastly, whether the trial court was correct in awarding costs.
The court held that the practice was to give priority to hearing a motion set to regularise a process if the motion succeeds the other motions seeking to terminate the proceedings will be withdrawn. The court also held that respondents are necessary to a suit if they would be directly or financially affected by the outcome of the judgement of the case. Also, the court held that courts have absolute discretion to either award or refuse costs.
The court found that the trial judge instead of taking the motion for joinder and amendment, preliminary objections of the first and second respondent based on jurisdiction were taken which were meant to terminate the points in limine. The court also found that the respondents were necessary parties because they are not only interested in the subject matter of the proceedings, but they constitute those who in their absence the proceedings could not be fairly dealt with. The court found that the costs awarded were not exceptionally high or punitive to conclude that the court's discretion was not in the interest of justice.
The court accordingly upheld the appeal.
The court considered whether the joining of the fourth to the sixth respondent constituted an abuse of court process which had an interest in the land in dispute.
The court held that the effect of the High Court rules was that substantial justice is achieved if the parties and trial judges achieve just, efficient and speedy dispensation of justice.
The court found that the joinder of the fourth to sixth respondents to contest title to the land did not constitute an abuse of court process. They were entitled in law to file a statement of defence or counterclaim against the appellants.
The court accordingly dismissed the appeal with costs.
The court considered whether the appellants were necessary parties in the suit, and what is the procedure to determine a reasonable cause of action.
The court held that a necessary party is one who is bound by the result of an action. Further held that cause of action is the facts which when proved entitle a plaintiff to a remedy against the defendant and the procedure thereof is showing that the statement of claim contained facts which if proved plaintiffs would succeed.
The court found that the appellants had made a premature application which supported the respondent’s contention that there is a reasonable cause of action, and that the second appellant is a necessary party to the proceedings.
The court accordingly dismissed the appeal and costs were awarded to the respondent.
Freedom of association – Labour unions – Membership in labour union
Appeals – evidence before trial judge leading to draw inferences and conclusions on the facts of the case
In this case, the respondent had filed an application for the enforcement of a judgment by means of garnishee proceedings. The court then granted an order of garnishee nisi, which the appellants then filed an affidavit to show cause. The matter was heard and the court made the garnishee order absolute. This case illustrates effect of a null judgment.
The court considered whether the High Court erred in granting the garnishee orders absolute. The court considered the direct effect of the judgment that had been made by the same court. The court had found that the judgment of the court below was incompetent and therefore a nullity.
The court held that the law was settled that, ‘out of nullity nothing worth anything or something can emerge or be predicated’. The court held that a null judgment though it existed as a fact, was devoid of any legal consequences. It was as if the judgment did not exist.
Therefore, the court concluded that the garnishee orders absolute made by the court below had automatically become nullity as well and were liable to be set aside ex debito justitiae (as of right).
The court upheld the appeal and wholly set aside the garnishee orders absolute.