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Citation
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Judgment date
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| December 2024 |
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Whether noisy church activities in a residential area constituted nuisance and were conducted without lawful permits.
Nuisance – Noise pollution from religious services – Zoning and land use – Requirement for building and environmental permits – Role of Municipal Assembly and EPA in authorisation and enforcement – Remedies: abatement, damages and costs.
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3 December 2024 |
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3 December 2024 |
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3 December 2024 |
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3 December 2024 |
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The court found the plaintiff was maliciously prosecuted, violating his human rights, and awarded damages and costs.
Tort — Malicious prosecution; wrongful arrest and detention; requirement of initiation by defendant, malice, lack of probable cause, and favourable termination; protection of human dignity and fundamental rights; quantification of general damages; punitive damages not awarded where unpleaded.
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3 December 2024 |
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3 December 2024 |
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Plaintiff with long possession entitled to declaration of title and remedies despite defendants' State-land assertions.
Land law – capacity to sue; public/State land vs private allocation; effect of Certificate of Title; adverse possession/limitation; burden of proof in civil matters; survey/composite plan evidence; boundary disputes and encroachment; abandonment of counterclaim; remedies: declaration, possession, injunction, damages, costs.
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3 December 2024 |
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Employer vicariously liable for driver’s negligence; termination without a hearing unlawful; damages and costs awarded.
Tort — Negligence and vicarious liability of employer for employee-driver; employer duty to maintain vehicle; evidence of causation for personal injury; unlawful termination — breach of natural justice despite contractual pay in lieu of notice; assessment of general, special damages and costs.
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2 December 2024 |
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2 December 2024 |
| November 2024 |
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28 November 2024 |
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Applicant failed to prove alleged breach of an interlocutory injunction beyond reasonable doubt; contempt application dismissed.
Civil procedure — Contempt of court — Interlocutory injunction — Quasi‑criminal standard — Proof beyond reasonable doubt — Ingredients of contempt (order, knowledge, wilfulness) — Circumstantial evidence and necessity to call further evidence or seek cross‑examination where denial is pleaded.
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27 November 2024 |
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Whether the respondent wilfully breached an interlocutory injunction by using the disputed land's borehole.
Contempt of court – interlocutory injunction – quasi‑criminal standard: proof beyond reasonable doubt – circumstantial evidence and burden to call further evidence or seek cross‑examination.
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27 November 2024 |
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26 November 2024 |
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26 November 2024 |
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25 November 2024 |
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Application to join the court registrar as a party refused; registrar may be subpoenaed to give evidence instead.
Civil procedure – Joinder of parties – Order 4 r.5(2)(b) – Registrar of High Court not a necessary party; misjoinder/non-joinder principle; subpoena as alternative to joinder; considerations of expense, inconvenience and expedition.
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25 November 2024 |
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Guilty pleas properly recorded and convictions upheld, but sentence reduced to fines considering first offender mitigation.
Criminal law – Plea of guilty – duty to explain charge and consequences to unrepresented accused (s.199(1) Act 30) – right to legal representation (Art.19(2)(f)) – careless/inconsiderate driving – negligently causing harm – sentencing discretion and appellate variation.
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25 November 2024 |
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Appellate court reduced an arbitrary 53-year robbery sentence to 20 years for youth, first‑offender plea and mitigating factors.
Criminal law – Sentencing – Robbery (Sections 149 and 150, Act 29 as amended) – Sentencing discretion under Article 296 – Mitigating factors: youth, first offender, guilty plea, absence of injury, recovery of property – Appellate rehearing powers (Section 30 Courts Act) – Reduction of manifestly excessive sentence.
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22 November 2024 |
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22 November 2024 |
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22 November 2024 |
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Plaintiff proved title by preponderance, securing declaration, perpetual injunction, building permit order, damages and costs.
Land law – title by purchase from stool/traditional council – allocation note and site plan – evidential value of receipts and acts of possession; unstamped documents given little weight; adverse claim based on different plot (Block K) infirm; entitlement to declaration, perpetual injunction, building permit, trespass damages and costs.
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20 November 2024 |
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20 November 2024 |
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19 November 2024 |
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The plaintiff's claim that a transit container was wrongfully auctioned was dismissed; the goods were lawfully deemed abandoned.
Customs law — Transit goods — Abandonment under Regulation 117(6) — Restoration and 14‑day transit period — Gazetting as notice for auction — Distinction between seizure (s.124) and abandonment — Payments for warehouse rent not entry under another customs procedure — Burden of proof in civil claims.
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19 November 2024 |
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15 November 2024 |
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14 November 2024 |
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14 November 2024 |
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14 November 2024 |
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14 November 2024 |
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Plaintiff proved customary title by traditional evidence and was granted declaration, possession, injunction, damages, and costs.
Land law – proof of title by traditional evidence and overt acts – burden of proof and preponderance of probabilities – trespass – court proceeding in absentia under Order 36 C.I.47 – entitlement to declaration, possession, injunction, damages and costs.
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13 November 2024 |
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13 November 2024 |
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13 November 2024 |
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12 November 2024 |
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Indefinite school suspension for minors liking social-media posts violated the applicants' freedom of expression.
Education law; school discipline; proportionality of suspension; freedom of expression of minors; cyberbullying—evidence threshold; testimonial content and prejudice; expungement remedy.
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12 November 2024 |
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12 November 2024 |
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11 November 2024 |
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8 November 2024 |
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7 November 2024 |
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A prima facie case must be shown at prosecution close before calling accused to open their defence.
Criminal law – Submission of no case to answer – Prima facie threshold at close of prosecution – Suspicion insufficient – Witness impeachment and unreliable evidence – Appellate re‑hearing of weight of evidence.
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7 November 2024 |
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6 November 2024 |
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Applicants failed to prove contempt beyond reasonable doubt where evidence did not link the respondent to the developments.
Contempt of court — quasi‑criminal nature — proof beyond reasonable doubt — essential ingredients: order, knowledge, wilful disobedience — evidentiary burden where respondent denies liability — photographic exhibits insufficient without linking evidence — need for further evidence or cross‑examination.
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5 November 2024 |
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5 November 2024 |
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1 November 2024 |
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1 November 2024 |
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Court granted five‑year occupancy under s.13 Wills Act where surviving spouse proved dependency and likely hardship.
Wills Act 1971 (Act 360) s.13 — reasonable provision for dependants; Procedure — originating motion on notice competent for s.13 applications (Order 19(2) CI 47); Capacity to sue — proof of surviving spouse by statutory declaration and funeral brochure; s.13 requirements — applicant class, within three years of probate, failure to provide, dependency and hardship; Relief — limited occupancy/life interest permissible under s.13(2); Judicial discretion — consideration of all relevant circumstances and available evidence.
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1 November 2024 |
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Committal for contempt dismissed for failure to prove service, knowledge and willful disobedience beyond reasonable doubt.
Contempt of court — elements: existence of order, knowledge by alleged contemnor, wilful disobedience; standard of proof: beyond reasonable doubt; constructive notice insufficient to establish service; acquittal where service/knowledge not proved.
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1 November 2024 |
| October 2024 |
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31 October 2024 |
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Jointly acquired spousal property may be attached to satisfy a spouse’s judgment debt if matrimonial character has ceased.
Family/property law – presumption of joint acquisition of property acquired during marriage; burden to rebut presumption; evidence of spousal contribution; attachment and sale of jointly-acquired property in execution where matrimonial character has ceased; buy-out of co-owner’s interest or sale and division of proceeds.
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31 October 2024 |
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Plaintiff failed to prove a 20‑acre grant but is entitled to 1.45 acres, lease, injunction and damages for unlawful demolition.
Land law – corporate separate personality – officers not personally liable; proof of title and requirements of valid lease (description/plan); estoppel by conduct where corporation acknowledges occupation; burden of proof on positive averments; unlawful demolition of buildings — entitlement to declaration, lease, injunction and damages.
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31 October 2024 |
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31 October 2024 |
