Results.
554 documents found.
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Jurisdiction |
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Sierra Leone
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5 October 2023 |
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Lesotho
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3 October 2023 |
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Tanzania
· Zanzibar
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26 September 2023 |
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Lesotho
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23 September 2023 |
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Seychelles
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19 September 2023 |
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Sierra Leone
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18 September 2023 |
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Sierra Leone
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8 September 2023 |
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Tanzania
· Zanzibar
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30 August 2023 |
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Lesotho
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29 August 2023 |
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Lesotho
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25 August 2023 |
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Lesotho
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25 August 2023 |
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Lesotho
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2 August 2023 |
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Sierra Leone
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31 July 2023 |
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Tanzania
· Zanzibar
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18 July 2023 |
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Tanzania
· Zanzibar
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11 July 2023 |
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Sierra Leone
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5 July 2023 |
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Tanzania
· Zanzibar
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4 July 2023 |
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Applicant’s rush to appellate court was premature; lower court’s decision to hear matter inter partes was within its CPR case-management discretion.
Administrative law – judicial review – leave to apply and interim injunction – ex parte v inter partes hearings – case management discretion under CPR – balance of convenience and public interest in stays of administrative decisions.
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Malawi
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4 July 2023 |
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Lesotho
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30 June 2023 |
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Tanzania
· Zanzibar
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27 June 2023 |
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Tanzania
· Zanzibar
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20 June 2023 |
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Lesotho
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20 June 2023 |
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Eswatini
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16 June 2023 |
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Seychelles
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5 June 2023 |
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Seychelles
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2 June 2023 |
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Seychelles
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29 May 2023 |
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Applications for stay and enlargement of time dismissed as premature and incompetent for lack of jurisdiction; costs awarded to respondent.
Civil procedure — stay of execution — Applicant must first apply to court below (Order I r.18); stay exceptional and discretionary; Enlargement of time — where order made in chambers leave to appeal required (s.21 SCA Act); Appeals premature before assessment of damages — inchoate judgment; Wrong procedural provision renders application incompetent.
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Malawi
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19 May 2023 |
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Tanzania
· Zanzibar
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15 May 2023 |
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Tanzania
· Zanzibar
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3 May 2023 |
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An illegal foreigner’s intention to seek asylum triggers the Refugees Act and requires release from Immigration Act detention.
Administrative law — Regulations 8(3) and (4) — Regulation 8(4) ultra vires and inconsistent with section 2 of the Refugees Act
Immigration law — Detention pending deportation — Effect of pending intention to seek asylum on deportation measures — Refugees Act s22
Immigration law — Refugee/asylum procedure — Whether ‘good cause’ can be a condition precedent to lodging an asylum application — Section 21(1B) / Regulation 8(3)
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South Africa
· Gauteng
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14 March 2023 |
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Petitioner failed to prove substantial non-compliance; election upheld and petition dismissed with costs.
Election law – burden and standard of proof – petitioner must prove non-compliance and substantial effect on result (high degree of probability). Affidavit evidence – recanting witnesses and Rule 19 issues – recanting affidavits rejected as not credible where contradictory and uncorroborated. Evidence requirements – importance of original voters’ registers, appointment of agents, and contemporaneous complaints when alleging polling irregularities. Presence of security and minor disturbances – lawful police intervention does not automatically vitiate an election
Remedies – where non-compliance not shown to be substantial, election will not be nullified
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Uganda
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20 January 2023 |
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Lesotho
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7 November 2022 |
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Lesotho
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31 October 2022 |
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Lesotho
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3 October 2022 |
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Lesotho
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29 September 2022 |
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Sentence – Prevention of Organised Crime Act – Smuggling of immigrants – Vulnerable persons exploited for money under pretext they will be relocated to other countries for better living conditions. All victims running away from the war in their country – Accused a first offender – Remorseful – Accused having testified in mitigation of sentence – Accused also testified about her ill health as a mitigating factor – Gravity of the offences and society’s legitimate interests far much outweigh the accused’s interests – A custodial sentence unavoidable under the circumstances
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Namibia
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8 September 2022 |
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Appellant failed to prove lack of qualifications or bribery; election valid and appeal dismissed.
Election law – Candidate qualifications – proof of academic credentials and identity; Evidence – evaluation of witness credibility and materiality of inconsistencies; Electoral offences – bribery – elements: gift by candidate/agent, intent to influence registered voters, proof of recipients being registered voters; Electronic evidence – admissibility and authenticity under the Electronic Transactions Act 2011; Appellate review – re-evaluation of affidavit and oral evidence.
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Uganda
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5 August 2022 |
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Court set aside annulment: bribery not proved and procedural defects were inadequately raised.
Parliamentary election — admissibility of affidavits — advocate’s practising certificate — late preliminary objections; Parliamentary Elections Act s.7(6) — secrecy of election officers — authorization required before disclosure/testimony; proof of bribery — agent nexus and cogent evidence required; substantiality test — quantitative and qualitative considerations.
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Uganda
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24 June 2022 |
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Appellant failed to prove respondent lacked required A‑Level qualification; UNEB explanation and corroborating evidence upheld.
Election law – qualification for parliamentary office – minimum A‑Level requirement and proof thereof. Documentary evidence – identity and name discrepancies; evidential weight of original certificates, entry forms and issuing authority correspondence. UNEB practice – meaning and effect of "SUPPLEMENTARY" inscription on certificates. Burden and standard of proof in election petitions – balance of probabilities; need for cogent evidence. Pre‑nomination complaints and estoppel – failure to complain during nomination may bar subsequent challenges
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Uganda
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16 June 2022 |
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A court lacks jurisdiction to extend mandatory statutory time limits for filing election petitions; proceedings after such extension are nullities.
Election law — statutory timelines — mandatory 14‑day filing period for local government election petitions — courts lack inherent jurisdiction to extend statutory time — extension without statutory basis renders subsequent proceedings a nullity; pre‑poll complaints to the Electoral Commission and remedial consequences where Commission fails to act.
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Uganda
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6 May 2022 |
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Nomination complaints belong to the Electoral Commission pre‑poll; petitioner failed to prove bribery or tender admissible evidence.
Electoral law — Pre‑poll nomination complaints — Jurisdiction of Electoral Commission as first instance and appeals to High Court; Evidence — Admissibility — foundational proof for court orders, hearsay and timing inconsistencies; Voter proof — National Voters’ Register required to prove a person is a registered voter; Election offences — Bribery must be proved with corroboration and proof recipients were registered voters; Appellate procedure — fresh issues not raised at trial cannot be entertained on appeal.
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Uganda
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6 May 2022 |
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Strike‑out application dismissed where memorandum and record were timely filed and service rules were not breached.
Election appeals — procedure — essential steps to prosecute appeal — filing Memorandum of Appeal within 7 days — Record of Appeal within 30 days — service rules under Rule 80 and Rule 88 — computation of time and registry stamps — strike‑out application dismissed.
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Uganda
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6 May 2022 |
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Application to strike out election appeal dismissed; filing and service requirements were satisfied and no prejudice shown.
Election law – striking out appeals – failure to take essential steps – computation of filing time – Memorandum and Record of Appeal – Rules 30, 31, 80, 82, 88 – effect of court receipt stamps and payment of filing fees – service obligations and notice of address for service.
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Uganda
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6 May 2022 |
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Uganda
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4 May 2022 |
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An appeal was struck out because the Memorandum of Appeal was filed out of the seven‑day statutory time without explanation.
Election law – parliamentary election petition appeals – time limits for Notice, Memorandum and Record of Appeal (Rules 29–31). Civil procedure – strike out of appeal – Rule 82 Judicature (Court of Appeal) Rules – essential steps not taken within prescribed time. Procedural irregularity – citation of wrong law not necessarily fatal where correct jurisdictional basis exists. Affidavit evidence as pleading – summary of evidence not always required
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Uganda
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26 April 2022 |
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Uganda
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25 April 2022 |
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Court may allow payment of filing-fee shortfalls under section 97 CPA and should not expunge illiterate affidavits without calling deponents.
Election law – Filing fees – Mandatory rules versus judicial discretion – Applicability of section 97 Civil Procedure Act to election petitions via Rule 17. Procedural law – Preliminary objections – Trial court discretion to hear points of law at outset
Evidence – Affidavits executed by illiterate deponents – Illiterates Protection Act compliance and need to summon deponents before expunging affidavits
Remedies – Setting aside dismissal for curable procedural defects and remitting matter for trial on merits
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Uganda
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25 April 2022 |
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Zimbabwe
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25 March 2022 |
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Review dismissed where applicants misled the SCRA, failed to justify delay, and ex post evidence could not be admitted.
Administrative law — Procedural fairness — Review and setting aside of decision — Court confined to materials before decision‑maker
Administrative law — Procedural fairness — Review and setting aside of decision — ex post facto evidence not entertained
Administrative law — review and condonation — Inordinate delay and PAJA time-limits
Immigration law — Refugee law — withdrawal of refugee status under s36 read with s5(1)(e) — review confined to administrative record
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South Africa
· Gauteng
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14 February 2022 |
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Tanzania
· Zanzibar
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10 February 2022 |
