Results.
13 judgments found.
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| October 2017 |
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Application to admit fresh evidence on appeal dismissed: evidence discoverable with diligence and would not have materially altered grant of specific performance.
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Civil procedure — fresh/further evidence on appeal — test: reasonable diligence, credibility, probable material effect (Ladd v Marshall principle) — public/accessible documents — land law — capacity to contract v capacity to own land — specific performance and enforceability dependent on conveyancing formalities and state/presidential consent.
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31 October 2017 |
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No mesne profits absent landlord–tenant relationship; purchaser awarded damages for delayed possession and unjust enrichment remedy for guest wing occupancy.
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Contract and remedies — specific performance and damages for delayed possession; mesne profits require landlord–tenant relationship; Statute of Frauds and written memorandum for land transactions; unjust enrichment for occupancy benefit; vendor liable for property transfer tax.
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31 October 2017 |
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Habeas corpus is inapplicable once detention ceases; appeal dismissed as academic and each party bears own costs.
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Habeas corpus — prerogative remedy to secure immediate release — inapplicable where detention has ceased; mootness of habeas claims after nolle prosequi; limits on using habeas corpus to pre-empt criminal proceedings.
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30 October 2017 |
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Interlocutory injunction refused where applicants were squatters, no serious question to be tried; appeal dismissed.
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Civil procedure — interlocutory injunctions; requirements: serious question to be tried, adequacy of damages, balance of convenience, clean hands — adverse possession/squatters; appellate limitation on facts not raised below.
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26 October 2017 |
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Court refused judgment on admission where illegible handwritten endorsement and lack of certified typewritten copy failed Rule requirements.
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Civil procedure — Judgment on admission — Admissibility of handwritten endorsements — Requirement under Order V Rule 19 for certified typewritten/printed copy — Court satisfaction as to genuineness of defendant's signature under Order XXI Rule 5 — Triable issues where defence alleges failure of consideration.
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26 October 2017 |
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Whether directors may be joined and held personally liable under Section 383 for company debts where fraudulent trading is alleged.
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Companies law — corporate personality — Salomon principle — piercing the corporate veil — Section 383 Companies Act — fraudulent trading — personal liability of directors — joinder in originating proceedings — creditor's remedy — multiplicity of actions
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13 October 2017 |
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A referred and exhibited agency agreement and an averment by necessary implication negated deemed admissions; judgment on admission was therefore improper.
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Civil procedure — judgment on admission — Order 53 r.6 and Order 18/13 — pleadings — incorporation of exhibited contract into defence — traverse by necessary implication — agency — scope of papers-only applications.
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13 October 2017 |
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Ill-health and prior trial bail did not amount to exceptional circumstances to grant bail pending appeal.
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Bail pending appeal — Court of Appeal Act s.18(1) — requirements: prima facie prospects of success, exceptional circumstances, or risk of serving substantial sentence — medical grounds evaluated — prior trial bail not determinative.
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12 October 2017 |
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Buyer entitled to reject unmerchantable goods; exclusion clause could not negate statutory implied terms and damages limited by duty to mitigate.
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Sale of Goods Act — implied condition as to merchantability and fitness for purpose — buyer entitled to reject unmerchantable goods; Exclusion clauses — narrow construction; inability to exclude statutory implied conditions unless expressly done; Consumer protection/unfair terms; Duty to mitigate — claimant must take reasonable steps to minimise loss; Appellate review — factual findings not to be disturbed unless perverse or unsupported by evidence.
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11 October 2017 |
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The appellant failed to show a clear right or irreparable harm, so an interim injunction was inappropriate.
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Interlocutory injunctions — requirement of clear right and irreparable harm — damages as adequate remedy — burden of proof in civil cases — evidential weight of documentary exhibits.
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5 October 2017 |
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Summary dismissals were wrongful and unfair for lack of charges and a hearing; damages beyond notice upheld, leave pay to be assessed.
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Employment law — wrongful and unfair dismissal — disciplinary procedure and audi — misapplication of disciplinary code clauses — damages beyond contractual notice for abrupt summary dismissal — entitlement to pay for days worked and accrued leave.
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5 October 2017 |
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Employee's participation in restructuring consultations and failure to object amounted to acquiescence; retrenchment and payment were lawful.
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Employment law — redundancy and retrenchment — variation of written contract by acquiescence — notice, consultation and opportunity to object — computation of redundancy benefits (use of s.26B formula).
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5 October 2017 |
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Amended s85(3) allows judicial discretion to admit late complaints where union and Labour Office engagement justifies delay.
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Industrial & Labour Relations Act s85(3) — interpretation post-2008 amendment; discretion to extend time; exhaustion of administrative channels; union and Labour Office engagement as sufficient reasons for delay; leave to file complaint out of time.
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2 October 2017 |