Civil procedure — territorial jurisdiction — Place of suing — Cause of action determines venue — jurisdiction is statutory and cannot be conferred by parties — pleadings and annexures may be considered in jurisdictional inquiry
13 reported judgments in this volume
Civil procedure — territorial jurisdiction — Place of suing — Cause of action determines venue — jurisdiction is statutory and cannot be conferred by parties — pleadings and annexures may be considered in jurisdictional inquiry
Road traffic law — Motor-vehicle accident — passenger injuries — claims for special and general damages Tort — General damages — discretionary award by trial/appellate court — interference only where reasons absent or assessment unreasonable. Unproven embellishments (mental conf…
Contract — Loan agreement — Existence of loan — Preponderance of probabilities — weight of witness testimony Damages — Interest and costs — unsupported higher interest claims refused — Pre‑judgment and post‑judgment interest — court discretion on rate Evidence — admissibility of…
Land law— Land law/procedure — Revision — twelve‑month limitation runs from termination of primary court proceedings— revisional order made after limitation is nullity — Rectification of Land Register under s.99 Land Registration Act founded on a null revisional order is itself…
Civil procedure— Appeals— limitation— written application and service for copy of proceedings required for exclusion of time— Overriding objective — cannot cure jurisdictional non‑compliance with time limits— Registrar's certificate of delay — inadmissible where no written appli…
Administrative law — prerogative remedies (mandamus, certiorari) v. ordinary suit — Court of Appeal revisional powers under section 4(2) AJA — forum competence for police employment disputes — jurisdictional bars and pecuniary jurisdiction — nullity of proceedings — resubmission…
Evidence — Appellate remedies — unproved special damages should be dismissed, not remitted for retrial — Burden of proof
Appellate practice — Appellate procedure — appeal from Primary Court — certification of point of law under s.5(2)(c) AJA — Locus standi — complaints affecting non‑parties — factual issues are not points of law — natural justice — Right to be heard — court cannot make suo motu co…
Administrative law — Locus standi — distinction between plaintiff’s locus standi and defendants’ pleaded status as administrators — pleaded status and concession preclude separate onus Civil procedure — parties bound by pleadings — adverse possession cannot be relied upon if not…
The appellant was convicted in the District Court for unlawful entry into a national park, unlawful possession of a weapon in the park, and unlawful possession of government trophy (an economic offence).
The appellant was convicted by the High Court for trafficking in 42.44 kg of catha edulis seized on a bus and given life imprisonment; he appealed on five grounds (one abandoned): challenge to possession proof, to the certificate of seizure/search procedure, to break in chain of.