Results.
8 judgments found.
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| December 2018 |
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Stay of execution refused where the lower court's ruling merely set aside a judgment and conferred no executable remedy.
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Civil procedure — stay of execution pending appeal — discretionary remedy — only executable judgments/rulings can be stayed — setting aside default judgment not an executable order — considerations: prospects of success and irreparable harm.
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23 December 2018 |
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Re-entry without proven service and despite material developments is unjustified; compensation must include land and improvements.
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Lands law — re-entry under lease — requirement for notice and proof of service; development threshold for re-entry; compensation — market value of land and improvements; bona fide purchaser and notice.
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21 December 2018 |
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Contract terms permitting seizure and sale of pledged collateral on default precluded damages for alleged illegal sale absent timely review.
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Contract law — enforcement of written loan agreements — collateral seizure and disposal on default; Civil procedure — interlocutory rulings and review (Order 39 High Court Rules) — functus officio and timely review applications; Remedies — availability of damages for sale of pledged asset where borrower defaulted.
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21 December 2018 |
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Failure to erect warning signs for roadworks constituted negligence; unpleaded contributory negligence could not be inferred and appeal dismissed.
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Negligence — duty to warn road users of works — failure to erect warning signs; credibility of witnesses and appellate review; contributory negligence unpleaded and no expert evidence on speed; admissibility/weight of police report in civil proceedings.
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21 December 2018 |
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Appellate court set aside resulting trust for lack of proof, upheld sale and ordered conditional specific performance.
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Land law — Certificate of title — Resulting trust — Presumption arising from payment of purchase money — Need for clear, cogent evidence to establish payment — Specific performance for sale of land — Caveat — Pleading requirements for professional conduct allegations.
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14 December 2018 |
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Represented accused’s denial negates prejudice from non‑explanation of section 138 proviso; medical evidence and opportunity corroborated conviction.
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Criminal law — Defilement — Section 138 proviso — obligation to explain to accused; represented accused — no prejudice where defence is outright denial — Corroboration in sexual offences — medical evidence and opportunity/relationship may corroborate commission and identity.
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14 December 2018 |
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Court upheld stay and mandamus compelling formation of tribunal so statutory appeal rights could be vindicated.
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Administrative law — judicial review and mandamus — compelling appointment of members of statutory tribunal — interim relief/stay in aid of mandamus under Order 53(10)(b) — wrong mode of commencement principle distinguished — statutory appeal to tribunal — affected parties and joinder.
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14 December 2018 |
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Deputy Registrar’s failure to consider the appellant’s opposing affidavit rendered the assessment unfair; rehearing ordered de novo.
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Civil procedure — assessment of damages — duty to consider opposing affidavit — hearing on the merits — judgment not on merits liable to be set aside — de novo rehearing — costs in the cause.
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5 December 2018 |