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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.
Shell Petroleum Development Company of Nigeria Limited v Sam Royal Hotel Nigeria Limited (SC. 120/2006)[2016] NGSC 55 (5 February 2016) (SC. 120/2006) [1960] NGSC 1 (04 February 2016); 
CL Index Legal Professional Conduct Legal Profession Legal Professional and Judicial Conduct Filing of Process Institution of proceedings Civil Procedure Procedural Irregularity Errors and rectifications Civil ProcedureA preliminary objection by the respondent set out to expose the lack of due diligence on the part of the appellant. The respondent’s claim was that the appellant’s records were fundamentally defective and incompetent. This was because the records of the appellant were issued signed by "N. Nwanodi & Co," (which is not a legal practitioner recognized by law in Nigeria) instead of counsel’s actual name.
The counsel for appellant stated that the habit of legal practitioners' merely signing court processes in their firm's name without indicating their actual name has been allowed by this court in many cases. Thus, it was an over-adherence to technicality to annul the process improperly filed.
The respondent sought this court to employ purposive interpretation of sections 2(1) and 24 of the Legal Practitioners Act (the act) that would lead to the conclusion that the record filed was indeed fundamentally defective.
This court upheld the preliminary objection of the respondent. It held that the appellant's' notice of appeal was fundamentally defective. It concluded that the purpose of sections 2(1) and 24 of the act was to ensure accountability on the part of a legal practitioner who signs court processes.
C.B.N and Another v Aribo (SC.9/2011)[2017] NGSC 1 (12 May 2017) (SC.9/2011) [1960] NGSC 1 (11 May 2017); CL Index Breach of Contract Contract Law Foreign Currency Currency Banking, Finance and Insurance Law Malpractice Legal Profession Legal Professional and Judicial ConductWayo v Nduul and Others (SC.331/2016)[2017] NGSC 4 (9 June 2017) (SC.331/2016) [1960] NGSC 1 (08 June 2017); CL Index Legal Professional Conduct Legal Profession Legal Professional and Judicial Conduct
Oosthuizen v Castro (2858/2012)[2017] ZAFSHC 163 (18/09/2017) CL Index Duties of Financial Services Providers Banking, Finance and Insurance Law Insurance Insurance and indemnity Banking, Finance and Insurance Law Indemnity Insurance For Professionals Insurance and indemnity Banking, Finance and Insurance Law Professional Negligence Legal Profession Legal Professional and Judicial ConductThe court considered whether a Financial Services Provider (FSP) as regulated according to the Financial Advisory and Intermediary Services Act (FAAIS) was negligent by advising the plaintiff which led to a loss of two million Rands. Further, if the second defendant was liable to indemnify the first defendant for professional negligence considering the exclusion clause in the insurance contract.
The court held that s 16 of FAAIS requires that an FSP act honestly, fairly with due skill, care and diligence. Further that the FAAIS Code of Conduct requires professionalism, in the interest of the public. In the case of an insurance contract, the court held that an exclusion clause might make proper commercial sense, be consistent with and not repugnant to the purpose of the contract.
The court concluded that the defendant did not act in accordance with expectations of an FSP, the defendant was negligent and dishonest. Further, the purpose of the insurance contract was to indemnify the insured for professional negligence; the exclusion interpreted restrictively cannot be applicable in the case.
The defendant was ordered to pay damages of two million Rands plus interest and second defendant to indemnify the first defendant.
Standard Bank of South Africa Limited v Competition Commission of South Africa (CR212Feb171DSC027Apr17)[2017] ZACT 62 (11/06/2017) CL Index Administrative Review Administrative Law Administrative Action Administrative Law Improper Conduct Judicial Officers Legal Professional and Judicial Conduct Collusion Competition LawThis was an application to compel the Competition Commission of South Africa to produce a record of investigation.
The issue emanated from an investigation by the respondent on banks on allegation of collusive conduct in regard to trade in foreign currency. The applicant was one of the banks investigated. The applicant requested without success on several times for the record of investigation from the respondent. It then made an application to compel the respondent to provide the record.
The respondent opposed the application arguing that the applicant should have proceeded by way of review under Promotion of Administrative Justice Act (PAJA) because its action amounted to an administrative act. The applicant on the other hand argued that the commission’s conduct did not constitute administrative action and the tribunal should consider the application.
In deciding the matter, the Competition Tribunal held that the respondent action did not qualify as administrative action because it does not meet the requirement of finality. However, it found that the Competition Commission cannot be compelled to provide the requested record because of the complex nature of the process. It ruled that the respondent should provide the requested record during discovery.
College of Education, Ekiadolor and Others v Obayagbona (CA/B/38/2011)[2016] NGCA 80 (24 March 2016) (CA/B/38/2011) [2016] NGCA 80 (23 March 2016); CL Index Miscarriage of Justice Justice and fairness Civil Procedure Judicial Conduct Judicial Officers Legal Professional and Judicial Conduct Delay in Issuing Judgment Judicial Officers Legal Professional and Judicial Conduct Unlawful Or Unfair Dismissal Termination and dismissal Labour and Employment LawThe 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.
Abia State Government v Hon. Nwoko (CA/A/19/2012)[2016] NGCA 93 (23 March 2016) (CA/A/19/2012) [2016] NGCA 93 (22 March 2016); CL Index Jurisdiction International law Human Rights Behaviour of Legal Practitioner Legal Profession Legal Professional and Judicial Conduct Specific Performance Performance of contract Contract LawContract Law – payment of money – specific performance Civil procedure – jurisdiction - ratio decidendi
Ukah and Others v Onyia and Others (CA/E/295/2008)[2016] NGCA 111 (21 January 2016) (CA/E/295/2008) [2016] NGCA 111 (20 January 2016); CL Index Legal Professional Conduct Legal Profession Legal Professional and Judicial Conduct Real Estate Agent Real Estate Agents Contract Law Fiduciary DutiesThe court considered whether the second respondent was an agent of the appellants and entitled to a commission.
The court held that an agency is a fiduciary relationship created when a principal gives authority to an agent to act on his behalf which is accepted by the agent. The court also held that for a real estate agent to claim commission they must show that there was an introduction of a purchaser which was an efficient cause in bringing about the sale of a property. Professional Conduct for Legal Practitioners 2007 Rule 7(2)(b) does not forbid a legal practitioner from engaging in the business of a commission agent.
The court found that there was no illegality in the agency agreement between the second respondent and appellants.
The court accordingly dismissed the appeal and awarded costs to the respondent.
Asare v Attorney General and Another (J1/1/2016) [2017] GHASC 25 (22 June 2017); CL Index Behaviour of Legal Practitioner Legal Profession Legal Professional and Judicial Conduct Locus Standi Parties Civil ProcedureThe court exercised its original jurisdiction to interpret constitutional provisions relating to the right of the General Legal Council to introduce examinations and interview as requirements for admission into the practical component of the law course.
The defendants raised a preliminary objection disputing the jurisdiction of the court claiming there was no issue of interpretation and also claimed that the plaintiff lacked locus standi (standing to bring the matter before the court). The court held that the matter was of public interest thus the plaintiff did not have to demonstrate personal interest. The court determined whether the imposition of the new admission requirements was unconstitutional. It was held that the council had the authority to do so but it was unconstitutional since the new requirements were implemented without legal backing (regulations). Secondly, the court determined whether the council’s failure to specify alternative places and modes of instruction for students who qualified to join the school of law was unconstitutional and held that the plaintiff was unable to prove the same. Accordingly, the matter succeeded in part and the court declared that the new admission requirements that led to exclusion of qualified persons were unconstitutional and that the Council’s policy on reviewing examination scripts and quota violated the constitution.
Korboe v Amosa (J4/56/2014) [2016] GHASC 13 (21 April 2016); CL Index Originating Process Institution of proceedings Civil Procedure Legal Professional Conduct Legal Profession Legal Professional and Judicial Conduct Unlicenced Lawyer Legal Profession Legal Professional and Judicial ConductThe court was called upon to review a decision of the Court of Appeal that held that a lawyer without a valid licence to practice cannot practice law nor prepare any court process. The court below held that any process originated by a lawyer without a licence is null. The majority decision of the court held that where a lawyer endorses a writ and court process, but he did not have a licence at the time, he cannot be said to be functioning as a lawyer and not capable of endorsing the court process. A litigant who fails to verify the legal capacity of is lawyer cannot claim miscarriage of justice because the writ endorsed by an unlicensed practitioner is without legal effect.
His Lordship Justice Paul Uuter Dery v Tiger Eye P.I and Others (J1/29/2015) [2016] GHASC 2 (04 February 2016); CL Index Judicial Officers Legal Professional and Judicial ConductThe court was called upon to answer whether or not a breach of the constitutional provision on privacy relating to proceedings to remove a Judge renders the contents of a publicized petition to remove the judge null and void. In this case the petition to remove the judge was released to the media. The court held that only when the Chief Justice or investigating committee decides there isn’t a prima facie case against the judge can the impeachment proceedings be brought to an end. The public disclosure of a petition to remove a judge is not a ground to end the process to remove a judge as this can only happen in the two instances outlined previously. When allegations are brought against a judge, they must be investigated and public disclosure of the petition does not negate the need for an investigation.
Ramadan and Another v Electoral Commission and Another (The Ruling of the Court) (J8/108/2016) [2016] GHASC 48 (27 July 2016); HR Index Independent judiciary Substantive rights Human Rights Receive information Substantive rights Human Rights CL Index Contempt of Court Orders Civil Procedure Express and disseminate opinion Substantive rights Human Rights Dignity of The Courts Principles Legal Professional and Judicial Conduct Judicial Conduct Judicial Officers Legal Professional and Judicial ConductThe matter involve a ruling of contempt of court against the third and fourth respondents for their conduct in attacking the Chief Justice with an accusation of bias.
The court emphasised the importance of judicial independence as enshrined in the Constitution as a necessary element in maintaining judicial dignity and effectiveness, attributes that are crucial in upholding the democratic enterprise. Any attempt to disrespect the courts therefore amounts to an attack on the role of the courts and the community at large.
The court also emphasised the right to criticise the judiciary and its circumspection in exercising its power to charge citizens with contempt. However, should the conduct be of such gross a nature as to indicate a calculated attack, as in the present matter, the court would not refrain from the charge.
The court, however, acknowledged the harsh nature of the summary powers to charge for contempt, powers it accepted required circumspection. Nevertheless, the court considered the need to send a message to remind people to refrain from crossing the line between utilizing their freedom of expression and attacking the dignity of the court. It also invoked the principles of state policy which place duties to the citizenry to ensure the exercise of their freedoms upheld fundamental democratic principles. In the view of the court, the contemnors in question had dismally failed the above and therefore they were sentenced for contempt.
Masanga v Attorney General and Another (Civil Appeal No. 153 of 2016) [2016] TZCA 153; (27 October 2016) Judicial Conduct Judicial Officers Legal Professional and Judicial Conduct Judicial Officer Taking Over Trial Judicial Officers Legal Professional and Judicial Conduct CL IndexThe appellant sued the respondent for the allegedly unpaid balance of his retrenchment package. Proceedings at the High Court were adjourned several times and occurred before multiple presiding officers before a final judge made an order against him.
Noticing irregularities on the record of appeal, the appellate court focused on the competence thereof rather than the merits. The trial judge that made the order had failed to observe the relevant provisions of the Civil Procedure Code by neglecting to place on record the reasons why the matter had fallen unto his lap following several adjournments. The case law on the scope of this rule accounts for its importance in terms of judicial integrity and transparency. Moreover, the decree on record had been duly signed by neither the learned judge, nor the Deputy Registrar, as required by law.
These irregularities led the appellate court to exercise its revisional purview under section 4(2) of the Appellate Jurisdiction Act to quash and set aside the High Court judgment, before remitting the matter to the same forum for a competent judge to adjudicate the matter de novo (afresh). No order was made as to costs.
Meis Industries Limited & Ors v Twiga Bankcorp (Misc Commercial Cause No. 243 of 2015) [2016] TZHCComD 17; (18 February 2016) Setting Aside of Dismissal Notice Civil Remedies Behaviour of Legal Practitioner Legal Profession Legal Professional and Judicial Conduct CL IndexThe main case was dismissed because a party did not appear in court when it came up for hearing. The case dealt with an application to set aside the dismissal order of the court. The court held that an application to set aside a dismissal order must be based on sufficient reasons and the court has absolute discretion where sufficient cause is shown. What amounts to reasonable or sufficient cause has not been defined because the court should have the discretion to decide based on the circumstances of each case.
In this case, the applicant claimed they were not aware of the dismissal order. The court held that sufficient reasons were not shown and the court dismissed the application to set aside the dismissal notice because the lawyers were simply negligent.
Sadru Mangalji v Abdul Aziz Lalani & Ors (Misc Commercial Application No. 126 of 2016) [2016] TZHCComD 34; (16 November 2016) Want of Prosecution Conduct of proceedings Civil Procedure Behaviour of Legal Practitioner Legal Profession Legal Professional and Judicial Conduct CL IndexA court can dismiss a matter for want of prosecution where the person who initiated the court action does not take active steps to pursue the case in court such as not appearing in court. The court dealt with a case where the lawyer did not appear before court on the date for hearing. The case was thereafter dismissed for want of prosecution. This case was an application to set aside the order to dismiss the original court suit for want of prosecution.
To set aside an order that a court suit be set aside for want of prosecution, the applicant must give sufficient grounds that must balanced against the interests of justice. In this case, the lawyer for the applicant did not appear because he was unwell on the court hearing date. The court held that this constituted a sufficient reason to set aside the notice to dismiss the case. In the interests of justice and the compelling reasons, the application to set aside the notice to dismiss was granted.