Hukumu

Civil Procedure – Extension of time – Application to set aside ex parte judgment – Delay of 540 days – Requirement to account for each day of delay – Technical delay excusable only where applicant is otherwise diligent – Illegality as ground for extension – Illegality must be apparent on the face of the record. 

Matrimonial causes – Divorce petition – Abatement upon the death of a party 

Labour Law - Termination of an employment contract before its end - Whether the Complainant should file an unfair termination claim or breach of contract.

Law of Evidence - Estoppel - Whether the employee who received payments for leave and days worked is bound by section 130 of the Evidence Act, No. 9 of 2016, from filing a dispute for unfair termination

Labour Law - Whether the Arbitrator can only award the remaining period of the contract after termination as compensation for unfair termination.

Civil Procedure – Extension of time – Principles governing extension – Duty to account for every day of delay – Inordinate and unexplained delay – Allegation of illegality must be apparent on the face of the record.

Civil Procedure – Burden of Proof – In civil cases, the Plaintiff bears the burden to prove claims on a balance of probabilities; allegations of fraud or forgery require cogent and compelling evidence.

Contract – Existence of Agreement – Where no documentary evidence establishes a contractual relationship between the parties, the Court cannot infer an agreement to pay for goods merely from delivery orders or oral assertions.

Conspiracy – Unlawful Release of Goods – To establish civil conspiracy, a Plaintiff must prove concerted action and unlawful intent; mere suspicion or irregularities in documents without proof of collusion are insufficient.

Preliminary Objection – Must be on a pure point of law – Objection intertwined with contested facts – Jurisdiction and right to be heard cannot be overtaken by events – Divorce petition – Death of petitioner – Application for extension of time to set aside ex parte judgment.