Case law
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Division and case type: CivilCivil Suit
…It is the plaintiff’s case that his prosecution was malicious and his dismissal wrongful.…
…Two matters must be established before the tort of malicious prosecution can be sustained.…
Division and case type: CivilCivil Suit
…So the prayers which were left were, firstly that the suit be struck out for being an abuse of the process of the court and for want of prosecution. An application under O.…
…In the above circumstances it is my view that the application for the dismissal of this suit for want of prosecution under O. XVI rule 5 is premature.…
Division and case type: CivilCivil Case
…It is accepted that in an action for malicious prosecution the plaintiff cannot succeed unless he establishes the following essential ingredients of the tort known as malicious prosecution.…
…Was the alleged arrest and imprisonment of the plaintiff unlawful and the prosecution that followed malicious?…
Division and case type: CivilMiscellaneous Application
…The prosecution case was dependent on the evidence of PW1.…
…In the result, I am persuaded that the prosecution has proved its case beyond reasonable doubt that the accused beat the deceased for 20 minutes.…
Division and case type: CivilCase number Civil Application
…Nonetheless, counsel for the respondent submitted that the intended appeal will only delay the prosecution of H.C.C.C.…
…Whether or not such an appeal will turn on a serious issue or it will only serve to delay the prosecution of the suit in the superior court is not possible to say with any amount of firmness as there is insufficient material…
Division and case type: CivilCivil Appeal
…On 9th March, 2011, the respondent in the appeal brought the present application for orders that the appeal be dismissed for want of prosecution for the reason that ten months (at the time of filing of this application) had…
…It is further submitted that dismissal for want of prosecution is not available since directions have not been taken.…
Division and case type: CivilCivil Case
…There is no allegation in the supporting affidavit that the Judgment-Debtor cannot afford to deposit the decretal sum as ordered, or that such deposit will so affect its operations as to amount to a fetter on prosecution…
Division and case type: CivilMiscellaneous Application
…Here unless the Constitution itself limits the prosecution of those rights no statute should by implication bar it.…
…Here the law of limitation has not reserved for itself the liberty to circumvent the prosecution of these Fundamental Rights.…
Division and case type: CivilCivil Case
…did not include a certified copy of the decree in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution…
Division and case type: CivilCivil Appeal
…did not include a certified copy of the decree in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution…
Division and case type: CivilCivil Case
…He does not say in which trafficcase and the result of the prosecution.…
Division and case type: CivilCivil Appeal
…evidence but that apparently the judge did not take into account the effect of the words “account closed’ which appeared on all the cheques which words were defamatory of the appellant and would have subjected him to criminal prosecution…
Division and case type: CivilCivil Appeal
…The Shorter Oxford English Dictionary (Vol II) offers several definitions of ‘suit’, one of which is: “pursuit, prosecution, legal process.”…
Division and case type: CivilCivil Case
…When the insurers got the letter from police on June 18, they could have asked for the notice of prosecution and the summons if they had wanted them.…
Division and case type: CivilCivil Appeal
…This Court has, in several cases dealing with customary law in criminal cases, decided that where the prosecution relies on a local custom then that local custom must be proved by witnesses called by the prosecution, and…