Results.
6 judgments found.
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| June 2017 |
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Court upheld murder conviction, rejecting self-defence and dereliction of duty claims; 50-year sentence affirmed.
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Criminal law — murder — assessment of witness credibility; malice aforethought established by foresight of probable grievous harm; self-defence and provocation; alleged dereliction of duty in investigation; sentence review.
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30 June 2017 |
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A money judgment unconnected to a specific property does not confer a caveatable interest; caveat must be removed.
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Lands and Deeds Registry Act—Sections 76, 77(1) and 79; caveatable interest—requirement of actual, enforceable nexus to specific land; money judgment alone not caveatable; Registrar’s role is procedural; caveat removal.
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30 June 2017 |
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Employee failed to prove he was off duty when tested; dismissal for being under the influence was lawful.
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Employment law — dismissal for being at work under the influence of alcohol; burden of proof on employee; factual findings on duty status; admissibility of unsigned disciplinary minutes; substantial justice under Industrial and Labour Relations Act; appellate restraint on factual findings.
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29 June 2017 |
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Illness of a director did not frustrate the contract; no triable defence shown, default judgment upheld and pledged vehicle to be valued.
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Civil procedure — Setting aside judgment in default — Requirement to explain default and to disclose a defence with real prospect of success; provisional assessment of merits permissible — Contract law — Frustration — illness of company director does not automatically discharge corporate contractual obligations — Enforcement of security; valuation of pledged vehicle.
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29 June 2017 |
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Appeal allowed: irregular recall and reply evidence rendered prosecutrix’s age unproven, conviction quashed and sentence set aside.
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Criminal law — Defilement — Proof of age as essential element; Evidence — Recall of witnesses and evidence in reply; Judicial conduct — recusal and fair trial; Documentary evidence — business records admissibility; Criminal Procedure Code interpretation.
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28 June 2017 |
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Identification evidence and medical corroboration upheld conviction for rape; alibi held to be afterthought; sentence reduced from 25 to 20 years.
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Criminal law — Rape — identification evidence and recognition — corroboration of sexual offence evidence — alibi: burden and police duty to investigate — appellate interference with sentence for excessiveness.
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28 June 2017 |