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The High Court granted summary judgment for unpaid NSSF contributions, penalties, interest, and costs after the defendant failed to appear.
The High Court found a contract for hiring dump trucks and a water bowser existed, held the defendant breached it by non-payment, and awarded the plaintiff the outstanding invoices, damages, interest, and costs.
The applicant demonstrated good cause for extension of time due to a defective certificate of delay not attributable to the applicant and the presence of apparent illegalities in the High Court judgment. Granting extension would not prejudice the respondent and serves the overriding objective of expeditious justice.
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Execution orders from the Resident Magistrate’s Court, except those specifically listed in section 74(1) and Order XL Rule 1 of the Civil Procedure Code, are not appealable to the High Court. The appellant’s appeal against the execution order is incompetent and must be struck out. The proper remedy is revision, not appeal.
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The defendant, as sole proprietor of Chimwaga Hardware, is personally liable for the loan advanced under the business name. The plaintiff proved the existence and amount of the outstanding loan and the legal creation of securities. The defendant's arguments regarding party identity and attestation were unfounded. Judgment is entered for the plaintiff for the proven amount, with interest and costs.
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The High Court partly allowed an appeal against judgment on admission, setting aside interest awarded on an unadmitted claim and remitting disputed issues for rehearing.
The High Court Commercial Division recorded a filed Deed of Settlement as its judgment and decree, marking the commercial suit settled by consent.
The High Court held that the 1st and 2nd defendants breached a contract to return a title deed after one year, while the bank could retain it as security.
A valid contractual relationship existed as evidenced by invoices, purchase orders, and part payments; the defendant breached the contract by failing to pay the outstanding amount; the plaintiff is entitled to the outstanding sum, interest, general damages, and costs.
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The accident was covered under the marine insurance policy; exclusions under ICCA did not apply as the crane was not subject to packaging/preparation and proximate cause was marine peril. Defendant breached the contract by unjustified repudiation. Plaintiff entitled to compensation as admitted by defendant's own assessor, but not to full claimed amount due to lack of strict proof.
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