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The High Court dismissed an application for attachment before judgment, holding that the applicant failed to prove intent to dispose of assets or meet the CPC requirements.
The appeal was dismissed because the party in whose favour the trial court granted judgment (Road Force Limited) was not the party who commenced proceedings in the trial court, and there was no proper service of summons to the respondent. The foundational defect in the pleadings and service rendered the proceedings and judgments of both lower courts null and void.
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The omission of the word 'Microfinance' in the Applicant's name is a curable human error that does not affect the substance of the application. The Court may order correction of such an error if it does not prejudice the other party or change the nature of the claim. Substantive justice should prevail over technicalities.
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The High Court struck out a bank’s suit as incompetent because it had been refiled after withdrawal without express leave to refile under Order XXIII Rule 1(3).
The preliminary objections raised are not pure points of law as they require evidence to ascertain compliance with dispute resolution procedures; sections 233 and 234 of Companies Act are not applicable as the dispute is for payment of commitment fees, not company affairs; all preliminary objections are dismissed.
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The High Court held that an electronic oral contract for two sisal fibre containers existed, found the defendant in breach, and awarded repayment, damages, interest, and costs.
The trial court erred by dividing properties not pleaded or proved as matrimonial assets, including a company and NGO, and by dividing a motor vehicle without proper identification or proof. The respondent failed to prove contribution to the matrimonial house; thus, the division was not justified.
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The High Court upheld dismissal of a land claim, holding the alleged lease was void because the 2nd respondent lacked authority to lease the land.
The plaintiff failed to prove, on a balance of probabilities, that she started and operated the clinic, was given the disputed land, or developed the property in question. The evidence established the property was developed by the late Klaus Gaetje and lawfully handed over to the District Council. The plaintiff is not entitled to the reliefs sought.
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Appellant failed to prove lawful acquisition of title to the suit property due to lack of valid company resolution, absence of evidence of payment and title transfer, and non-compliance with stamp duty requirements; trial court properly expunged sale agreements and awarded general damages to respondent for unlawful dispossession.
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