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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 ordered respondents to convene arbitral tribunal after they failed to act under the constitution’s arbitration clause.
Arbitration Act s.12(4)(a) — Court powers to secure appointment of arbitrator where party fails to act; FAZ Constitution Article 63 — arbitration for disputes affecting clubs; urgent intervention to protect participation rights in ongoing competition
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
Substitution of disciplinary charge valid if offences share same ingredients; excess leave forfeited; pension refund limited to employee contributions.
Disciplinary law – Acting Director-General – Proper disciplinary body – Substitution of charge – Natural justice – Accrued leave limits under conditions of service – Pension entitlements on dismissal
31 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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