Case law
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Division and case type: CivilCivil Appeal
…When the application came before Aluoch J ex parte on 25th April 1994, she declined to grant the orders sought by the Mayor and directed that all the defendants be served as the matter was of some general public interest.…
…The present appeal presents various matters of law which are of great public interest as they relate to the grassroots national issue of local government and which, because of what I am about to relate, require to be clarified…
Division and case type: High Court DivCivil Appeal
…That the balance of convenience and public interest lie against the application. That the application was vexatious and meant to frustrate an essential public service. 7.…
…That public interest is no substitute for substantial loss. 11. That the security offered was unparticularized, was vague and cannot be relied on.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…She denied the averments made by the Applicant that there is public interest in the dispute.…
…These matters transcended the specific interests of the parties and have settled in the public sphere thus attracting the public interest. An order of costs against any party would, in the circumstances, not be fair….”…
Division and case type: CivilCivil Appeal
…The defence filed by the state cousel had pleaded a denial of publishing the said words and in the alternative it had pleaded a fair comment made in good faith and without malice upon a matter of public interest.…
…In the circumstances he had, therefore, found that the words complained of were fair comment on a matter of public interest which were honest and free from malice or improper motive.…
Division and case type: CivilCivil Appeal
…Notwithstanding this, and the alleged medical condition, the appellant was retired in the public interest, and not on medical grounds, by a letter dated March 21, 1977, with effect from that date.…
…interest.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…(f) Misapplication of legal privilege, confidentiality and public interest – According to the 2 nd respondent, the Appellants’ invocation of confidentiality and public interest under Regulation 56 as grounds for denial was…
…(d) Improper invocation of exemptions and general situations – That WPP had based the denial of access to the requested documents and information on the grounds of public interest, yet there was no significant public interest…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…They stated that they were entitled to comment on it since it is a matter of public interest. They stated that the publication was a matter of public interest and a fair comment.…
…The information was in the public interest and the source was the minister for housing. He stated that this was a matter that does not touch on Keitany.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The learned trial Magistrate ignored the fact that the Appellant had made the broadcast as a matter of public interest and thus erred when he wrongfully dismissed the defences proffered by the Appellant. i.…
…Fair comment is a defence in defamation that protects statements of opinion on matters of public interest, provided they are based on facts that are true, privileged or otherwise apparent to the audience.…
Division and case type: High Court DivCivil Appeal
…The foundations of res judicata thus rest in the public interest for swift, sure and certain justice.” 10.…
…Radha Kishan , AIR 1977 SC 789 where it was stated; “The principle of res judicata is conceived in the larger public interest which requires that all litigation must, sooner than later, come to an end.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The foundations of res judicata thus rest in the public interest for swift, sure and certain justice ”. 16.…
…Further, the Supreme Court in John Florence Marine Services Limited Case stated as follows: “ The rationale behind res judicata is based on public interest that there should be an end to litigation to protect a party from…
Division and case type: CivilCivil Appeal
…The determination of the extent of application of the doctrine of separation of powers, which was a vital constitutional concept was a matter of public interest. 5.…
…of powers, from considerations of public interest.…
Division and case type: High Court DivCivil Appeal
…The effect if any on the administration of justice or public interest if any is involved. 12.…
…Whether in certain cases, like election petitions, public interest should be a consideration for extending time.” 13.…
Division and case type: High Court CivilCivil Appeal
…Rather, it is intended to uphold and protect the supremacy of the law and, thus, contempt proceedings involve much more than the private interests of the plaintiff and the defendant and implicate the public interest at large…
…Based on this understanding of the law, a mechanical application of Order 25 Rule 1 of the Civil Procedure Rules would result in the annihilation of public interest in upholding and protection of the rule of law at the altar…
Division and case type: High Court DivCivil Appeal
…It is its case that if execution is left to take place, the amount will be drawn from public resources and that it is in public interest to allow the application, which is not opposed.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The respondent relies on the principal of finality which is hinged on the public interest that litigations must come to an end. Analysis and Determination: 5.…
…The foundations of res judicata thus rest in the public interest for swift, sure and certain justice.” 12.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant having been granted leave to appeal the impugned judgement by the Copyright Tribunal to the High Court, it was necessary and in the public interest that stay orders be sought pending the determination of the…
…It is in public interest that this Honourable Court urgently intervenes by reviewing the ruling dated 15th October, 2024 in order not to render the instant appeal nugatory and a mere academic exercise. 9.…
Division and case type: High Court CivilCivil Appeal
…The appellant herein urged this court to uphold the trial court’s decision regarding the in duplum rule being applicable to the appellant herein on the grounds that the said rule is concerned with public interest and its…
…interest and its key aim was to protect borrowers from exploitation by lenders who permit interest to accumulate to astronomical figures.…
Division and case type: High Court CivilCivil Appeal
…It is not permissible to exhume a deceased Muslim and relocate his or her body to another grave unless it is extremely necessary either in the deceased’s or public interest, Al Nawawy states in Al Majmu” 5/273 “Scholars are…
…interest.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…interest. c.…
…The Appellant provides medical services to the community and public at large in the public interest. 38. It submits that the Appellant never made any profit as a result of the use of the Respondents images.…
Division and case type: High Court DivCivil Appeal
…It is urged that the broadcast by using the photograph of the appellant was actuated by malice and therefore the defenses of qualified privilege and fair comment on public interest are not available to the respondent.…
…It is urged that the Judiciary being one of the arms of government, anything that happens in the Judiciary and to the judicial officers’ falls under the ambit of public interest especially the conduct of Judges while in office…