Results.
5 judgments found.
|
|
|
| December 2017 |
|
|
A consent order consolidating actions and withdrawing pending interlocutory applications barred later pursuit of the abandoned claims by res judicata.
-
Civil procedure — consolidation of actions — consent order withdrawing "all pending interlocutory applications" — effect of consolidation on substantive claims — consent withdrawal as abandonment — res judicata (Henderson v Henderson) — stare decisis and binding construction by higher court.
|
18 December 2017 |
|
Order 113 summary proceedings cannot resolve real boundary or title disputes; a full trial is required.
-
Procedure — Order 113 RSC (summary possession) limited to non-contentious squatters' cases; boundary and title disputes require trial in open court; cancellation of certificate of title inappropriate in chambers; fresh evidence must be tested at trial.
|
15 December 2017 |
|
Appellant failed to prove slander; trial court’s credibility finding upheld and appeal dismissed.
-
Defamation — Slander: elements (defamatory meaning, reference to plaintiff, publication to third party, proof of reputational injury); credibility and demeanour as basis for findings of fact; appellate restraint on overturning factual findings.
|
8 December 2017 |
|
Periodic monthly tenancy (not 29‑month fixed term); abandonment without notice constituted surrender, unilateral rent increase invalid.
-
Landlord and Tenant — periodic (monthly) tenancy — 29 months relates to repayment of third‑party investment, not term — termination requires notice to quit or inferred surrender — unilateral rent increase invalid — tenant liable for six months' rent for abandonment; service charges, interest and costs awarded.
|
5 December 2017 |
|
A short delay and inability to obtain the transcript justified extension to file the record of appeal.
-
Civil procedure — extension of time to take steps in an appeal — Order XIII r3 — length of delay and sufficiency of reasons — unavailability of transcript as ground — merits not considered where application only seeks to file record of appeal.
|
4 December 2017 |