Search court decisions

…I am of the view that being a holder of a title to the suit premises the Applicant is entitled to the protection under the law pending the determination of the dispute between the parties but within the laid down legal principles…

…It is worthy of note that according to Simon’s Taxes, Part B, 3rd Edition, page 599, on general principles, legal expenses incurred in acquiring a lease or in the renewal of a lease are capital expenditure are not allowable…

…The question then concerns the legal principles to be applied.…

…According to the memorandum of appeal; the Magistrate ignored the appellant’s defence, evidence and the submissions; that she did not consider all the evidence and that she failed to apply correct legal principles in determining…

…In my view, applying the legal principles which are summarised above, the resident magistrate was wrong in refusing to set aside the ex parte judgment, and the learned judge was wrong in not allowing the appeal.…