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Recent Judgments

Respondent’s failure to enact Article 60(4) political-party legislation is unconstitutional; Respondent ordered to legislate within 12 months.
Constitutional duty to legislate – Article 60(4) – political parties regulation – justiciability of omissions – Societies Act read-in conformity with Constitution – enforceability of Articles 45 and 60(2) – separation of powers and remedies
2 April 2026
Court confirmed stay of provisional liquidator appointment, finding jurisdiction due to special circumstances and procedural irregularities.
Corporate insolvency — Provisional liquidator — Ex parte appointment without return date — Breach of Companies (Winding‑Up) Rules (Rule 8(3)) — Jurisdiction of Court of Appeal to grant first‑instance relief under Order 59 RSC on special circumstances — Stay of execution — Abuse of process and multiplicity of actions
1 April 2026
The court upheld the respondent's chieftainship, favoring documentary recognition and community acquiescence over competing oral claims.
Chieftainship succession; customary law; Kojo v Bonsie evidential test; documentary contemporaneous records v oral tradition; matrilineal succession; administrative recognition; adequacy of judicial reasoning
31 March 2026
Appellate court affirms Registrar's weighing of expert evidence but awards nominal sums for redundancy and inducement where quantum was unproven.
Civil procedure — assessment of damages after appellate findings of liability; Expert evidence — weight, admissibility and advisory role; Damages — remoteness, foreseeability, mitigation, and when nominal awards appropriate; Tort — inducing breach of contract; Inventory treatment in loss-of-profits calculations
31 March 2026
Court granted bail pending appeal due to exceptional circumstances: arguable appeal and risk of serving sentence before determination.
Criminal procedure – Bail pending appeal – Exceptional circumstances required – Prima facie prospects of success – Risk of serving sentence before appeal heard – Manslaughter: gross negligence, duty of care, causation
31 March 2026
Conviction for theft quashed where prosecution failed to prove taking or fraudulent intent and trial court relied on speculation.
Criminal law — Theft: elements of theft (taking/movement, fraudulent intent, absence of claim of right) — Burden of proof beyond reasonable doubt — Administrative acts (requisitioning/stock control) do not amount to taking absent movement or fraud — Trial judge must give reasoned judgment and not convict on speculation — Adverse inference from alleged 'volunteer' status improper without evidence
31 March 2026
A legal practitioner who withdraws and dissipates client funds without authorization breaches a strict fiduciary duty and may be struck off.
Professional misconduct — failure to account — client trust funds — unauthorized withdrawal and transfer — strict fiduciary duty under Legal Practitioners Act and Practice Rules — striking off as sanction
31 March 2026
Failure to notify the appellant of a Director's decision precludes statutory appeal; High Court may hear the trespass action.
Mines and Minerals Development Act — sections 96 and 97 — mandatory written notice, reasons and right of appeal — failure to notify precludes invoking 30‑day appeal — jurisdiction and mode of commencement — trespass action vs statutory appeal — remit to High Court
31 March 2026
Plaintiffs failed to prove the Extraordinary General Conference or election were invalid; claim dismissed and each party bears own costs.
Political party governance — validity of Extraordinary General Conference and election — compliance with party constitution and regulations — evidential burden and proof — internal party electoral regulations not produced — constitutional challenge (Article 60(2)) falls to Constitutional Court.
27 March 2026
Whether similarly circumstanced employees can be joined to execute an old Industrial Relations judgment despite limitation periods.
Industrial Relations Act s85(6) – joinder of similarly circumstanced employees; Limitation Act 1939 ss2(1) and 2(4) – time limits for actions and execution of judgments; consent order and revival of limitation; finality of litigation
26 March 2026
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Recent Legislation

Act 18 of 1980 1 January 9999
Government Notice 342 of 2026 20 February 2026
Statutory Instrument 11 of 2026 13 February 2026
Statutory Instrument 10 of 2026 30 January 2026
Statutory Instrument 7 of 2026 23 January 2026
Statutory Instrument 8 of 2026 23 January 2026
Statutory Instrument 6 of 2026 16 January 2026
Statutory Instrument 4 of 2026 9 January 2026
Statutory Instrument 5 of 2026 9 January 2026
Statutory Instrument 3 of 2026 9 January 2026
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