Results.
554 documents found.
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Jurisdiction |
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Sierra Leone
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10 November 2006 |
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Ghana
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19 July 2006 |
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Eswatini
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13 July 2006 |
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Appeals and reviews|Declaratory Relief|Injunction|Plants|forests and forestry (flora)|African customary law and rights of indigenous peoples|EL
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Ghana
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10 March 2006 |
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Whether land grants made during de‑gazettement remain valid and whether allocations after re‑gazettement without statutory authority are lawful.
Forest law – de‑gazettement and re‑gazettement – validity of grants made during de‑gazetted period; Administrative law – judicial review – illegality, irrationality and procedural impropriety of grants made after re‑gazettement without statutory authority; Civil procedure – availability of declaratory relief in judicial review and counter‑claims (Order 53).
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Zambia
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10 January 2006 |
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Namibia
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23 November 2005 |
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Namibia
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25 October 2005 |
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EL|Injunction|Piracy|Foreign-Owned Company
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Ghana
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11 October 2005 |
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Eswatini
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31 May 2005 |
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Namibia
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25 November 2004 |
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Eswatini
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12 November 2004 |
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Delay after an ex parte interim order and genuine disputes over title made mandatory interlocutory relief inappropriate.
Interlocutory injunctions – ex parte interim relief and subsequent delay – mandatory interlocutory injunctions exercised with caution – balance of convenience – competing title/regularization disputes – adequacy of damages.
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Malawi
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23 August 2004 |
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Namibia
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21 July 2004 |
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The respondent’s failure to file the record and memorandum within the prescribed time rendered the appeal incompetent and struck out.
Appeal procedure — mandatory filing of Record and Memorandum of Appeal within 60 days — failure to take essential step renders appeal incompetent — striking out appeal and costs.
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Uganda
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30 April 2004 |
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An immigration officer must have reasonable suspicion before detaining arrivals; detention beyond 30 days requires court authorisation.
Constitutional law — Immigration detention — Validity and application of s34 — Judicial oversight: court confirmation required for detention beyond 30 days
Constitutional law — Limitation of rights — Justification — Proportionality and judicial oversight of prolonged detention: court authorisation required beyond 30 days
Constitutional law — standing — Public‑interest standing for NGOs — Genuinely acting in the public interest: factors for public‑interest standing
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South Africa
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9 March 2004 |
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Customary land rights are constitutionally protected; eviction requires statutory expropriation procedures and compensation; injunction granted.
Customary land – constitutional protection of property rights – expropriation requires public utility, notice and compensation – Land Act and Land Acquisition Act procedural compliance – Environment Management Act grants locus standi to 'any person' – injunction to prevent environmental degradation
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Malawi
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10 January 2004 |
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An unendorsed Notice of Appeal missing date/time is a nullity, making the appeal incompetent and liable to be struck out with costs.
Appeal procedure – Notice of Appeal – mandatory endorsement by High Court Registrar and indication of date/time – absence renders notice a nullity; service of notice must be proved; procedural rules substantive, not mere technicalities.
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Uganda
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27 November 2003 |
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Namibia
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12 August 2003 |
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An appeal filed without mandatory leave is incompetent, rendering related interim applications unenforceable and dismissible.
Civil procedure – Appeal competency – Requirement of leave to appeal from tribunal – Appeal filed without mandatory leave is incompetent and divests court of jurisdiction; interlocutory applications founded on such incompetent appeals are likewise incompetent; single judge’s powers under rule 52(1)(c) are limited.
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Uganda
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30 June 2003 |
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Namibia
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5 March 2003 |
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Plaintiff in road-traffic accident awarded K160,000 for pain, suffering and loss of amenities; costs awarded.
Road traffic accident — assessment of damages — medical evidence of bodily injury — pain and suffering and loss of amenities — compensatory principle — award of K160,000 and costs.
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Malawi
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7 November 2002 |
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EL|Attribution of Costs|Remediation|Wildlife (fauna)|Marine species and fisheries
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Ghana
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23 April 2002 |
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Human rights — Human rights and fundamental freedoms — Bill of Rights- access to healthcare — the availability and affordability of medical services, medication, and treatment for HIV positive mothers and their unborn children
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South Africa
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4 April 2002 |
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Plaintiff awarded K150,000 for pain, loss of amenities and reduced earning capacity after a road traffic injury.
Personal injury – Road traffic accident – Assessment of damages – Pain and suffering and loss of amenities – Loss of earning capacity – Liability established by default judgment – Awards guided by comparable cases and local purchasing power.
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Malawi
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20 March 2002 |
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Namibia
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21 February 2002 |
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Assessment of damages after bus-accident: proved special damages awarded; loss of earning capacity and general damages granted, total K846,466.
Tort — Road accident — Assessment of damages — Proof and particularisation of special damages; distinction between loss of earnings (special) and loss of earning capacity (general); recoverability of cash carried abroad despite Exchange Control regulation; quantum for artificial limb, medical expenses, pain and loss of amenities.
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Malawi
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18 February 2002 |
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Constitutional Court held it could not confirm a High Court order invalidating regulations; regulations are not Acts of Parliament.
Administrative law — Delegated legislation — Whether regulations made under statute are equivalent to Acts of Parliament for purposes of section 172(2) confirmation — s 172(2) Constitution
Constitutional law — declaration of invalidity — Whether the Constitutional Court may confirm invalidity of regulations under section 172(2) of the Constitution — s 172(2) Constitution
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South Africa
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8 October 2001 |
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Eswatini
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13 December 2000 |
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Eswatini
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13 December 2000 |
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Human rights — Human rights and fundamental freedoms — Bill of Rights — violation of the right to equality, human dignity and fair labour practices
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South Africa
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28 September 2000 |
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Statutory discretion to refuse/deny spouses’ temporary permits unjustifiably limited dignity; Parliament must provide legislative guidance.
Administrative law — statutory discretion — Delegated discretion affecting fundamental rights — Need for identifiable criteria to avoid arbitrary limitation — Constitution s36(1)
Constitutional law — suspension of declaration of invalidity — Interim mandamus directing officials to consider constitutional rights — Section 172(1)(b) remedial powers
Immigration law — Spousal permits and immigration status — Whether s25(9)(b) read with ss 26(3) and 26(6) unjustifiably limits spouses' right to cohabit and dignity — Aliens Control Act ss 25(9), 26(3), 26(6)
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South Africa
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7 June 2000 |
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Namibia
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10 February 1998 |
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A regulation excluding non‑citizens from permanent teaching posts unfairly discriminates against permanent residents and is unconstitutional.
Human rights — Equality — Discrimination — Citizenship as an unspecified ground — Differentiation on citizenship can impair dignity and be unfair
Human rights — Equality — Discrimination — Citizenship as an unspecified ground — protection of citizens' employment does not justify excluding permanent residents
Human rights — Equality — Discrimination — Citizenship as an unspecified ground — subordinate regulations cannot be read to neutralise unconstitutional discrimination
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South Africa
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26 November 1997 |
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The plaintiff proved payment for half the property and is entitled to half possession and rents; counterclaim dismissed.
Property law – co-ownership (tenants in common) – burden of proof of payment of purchase money; Resulting trust and fraud – requirement of strict proof; Registration of Titles Act – protection of registered proprietor; Power of Attorney – unregistered instrument acted upon and later revoked; Equitable mortgage – not established; Accounting – duty of managing co-owner to account for rents and expenses.
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Uganda
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25 June 1996 |
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The applicant's registered title is protected absent strict proof of fraud; respondents' post-determination occupation is trespass.
Property law – Lease determination and re-entry – Registration of Titles Act – Protection of bona fide purchasers – Requirement and burden to plead and strictly prove fraud – Possession and trespass – Mesne profits – Proof of special damages in counter-claim.
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Uganda
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31 May 1996 |
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Assessment of personal injury damages, hearsay inadmissibility of medical reports, rejection of vehicle claim due to discharge.
Damages for personal injury – distinction between pecuniary and non-pecuniary losses – assessment by comparison and adjustment for local economic conditions; admissibility of medical reports – hearsay unless doctor called; proof required for special damages; discharge as bar to vehicle claim; interest and exemplary damages not recoverable.
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Malawi
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13 February 1996 |
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Defendant vicariously liable for negligent dangerous overtaking; plaintiff awarded special and general damages.
Motor vehicle accidents – negligent overtaking on a sharp corner – liability for resultant collision. Vicarious liability – master‑servant relationship established; owner responsibility despite unpaid instalments (Sale of Goods Ordinance)
Damages – proof required for special damages and reasonable assessment of general damages for personal injury. Ex parte proceedings – court must ensure pleadings and evidence suffice to support judgment
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Uganda
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18 October 1995 |
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Namibia
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8 December 1994 |
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Eswatini
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29 November 1994 |
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Eswatini
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30 September 1994 |
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Licence-holder deprived by municipal re-entry entitled to compensation; grantee must surrender title or pay shs.13,500,000 with interest.
Property law – municipal re-entry of licensed land – failure to give reasonable notice; Registration of Titles Act – conclusive certificate subject to constitutional protection against deprivation of property; entitlement to compensation for improvements; remedy: surrender of title or monetary compensation with interest and costs.
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Uganda
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26 July 1994 |
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Eswatini
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21 November 1993 |
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Summary judgment granted where defendant failed to raise a bona fide triable defence to a claim based on cheques issued by his agent.
Civil procedure – summary judgment (Order 14) – cheques treated as payment – agency and authority – insufficient affidavit to raise triable issue – certainty of claim.
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Malawi
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8 July 1993 |
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Eswatini
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23 April 1993 |
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Sierra Leone
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4 July 1991 |
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Administrator General appointed after a private applicant was found biased and unsuitable to administer the estate.
Succession law — letters of administration — suitability and impartiality of administrator — Administrator General competent to administer estates — setting aside prior grant.
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Malawi
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15 March 1991 |
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Court allowed substitution of newly incorporated company for firm sued, finding a genuine mistake and permitting amendment with costs.
Civil procedure – amendment/substitution of party – Order 20 Rule 5(3) – genuine mistake – corporate conversion of a firm to a company – avoidance of multiplicity of actions.
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Malawi
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14 January 1991 |
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High Court reviewed and reduced a Taxing Master’s increased taxation of a solicitor-and-own-client bill, fixing K6,384.20.
Taxation of costs – Review of Taxing Master’s decision – Solicitor-and-own-client bill – Discretionary awards – Requirement for reasons when varying prior taxation – Admissibility of original bill as a guide.
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Malawi
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1 December 1986 |
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Lesotho
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9 May 1984 |
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Eswatini
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6 May 1981 |
