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Citation
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Judgment date
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| February 2018 |
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A Notice of Motion lacking required grounds and an undated jurat is incompetent and must be dismissed; costs follow.
Civil procedure – Competency of Notice of Motion – Requirement to state statutory basis, grounds and order sought – Form III substantial conformity – Affidavit jurat must state date and place (Commissioner for Oaths Act s.6) – Defective documents incurable and not cured by argument.
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27 February 2018 |
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DPP’s nolle prosequi is unassailable; conviction upheld on wound plus intent, but five-year sentence reduced to 12 months.
Criminal law – DPP’s power to enter nolle prosequi – prosecution on a different charge than arrest – duplicity – interested witnesses and corroboration – meaning of "wound" and "grievous harm" under Penal Code s.4 and s.224(a) – self-defence/force in arrest (ss.17,18) – sentence appellate interference.
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27 February 2018 |
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Applicants' late objections to tribunal composition and audit reliance were waived; arbitral award upheld and appeal dismissed.
Arbitration — jurisdiction and Kompetenz‑Kompetenz — waiver/estoppel for failure to timely object — articles of association are contractual (not statutory) — arbitrator may rely on consensual expert audit — section 17 Arbitration Act: scope and limits of setting aside award.
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27 February 2018 |
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Conviction for defilement quashed where trial court failed to assess statutory defence of reasonable belief as to age.
Criminal law — Defilement (s.138(1) Penal Code) — Proviso statutory defence — "reasonable cause to believe" victim 16 years or over — dual inquiry: actual belief and objective reasonableness — ocular appearance alone insufficient — burden on prosecution to disprove defence beyond reasonable doubt.
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22 February 2018 |
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The appellant's failure to deduce title precluded a valid notice to complete; specific performance was upheld.
Contract of sale of land – existence of contract from offer and acceptance and contemporaneous documents – Vendor’s duty to deduce title before completion – Notice to complete and whether time is of the essence – Withholding purchase money lawful where title not deduced – Specific performance appropriate; rescission not justified.
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21 February 2018 |
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Whether nullification and barring of exam results were intra vires and procedurally fair.
Administrative law — judicial review — scope limited to process and legality, not merits; natural justice — right to be heard; Wednesbury/irrationality review; ultra vires and 'reasonably incidental' powers to impose penalties in conduct of examinations.
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16 February 2018 |
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Extension to file Record of Appeal granted where application was made within the 21‑day statutory grace period.
Civil procedure — extension of time to file Record of Appeal — Court of Appeal Rules: Order X r 6; Order XIII r 3(2) and r 3(3) — defective form/not specifying sub‑rule curable — delayed Notice of Address not fatal — costs in the cause.
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16 February 2018 |
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Court allowed post-judgment joinder of similarly affected former employees, finding locus, interest and no prejudice to appellant.
Civil procedure — Joinder at appeal stage — Court’s discretion to join parties post-judgment; locus standi; sufficient interest; lack of awareness; applicability of s.85(6) Industrial and Labour Relations Act; limitation provisions inapplicable to joinder.
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16 February 2018 |
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Unsubstantiated claims of prior representation or friendship do not, by themselves, require a judge's recusal.
Judicial recusal — apparent bias — Judicial (Code of Conduct) Act s6 — real possibility/perception test — prior representation or friendship not disqualifying without evidence — forum shopping and baseless allegations may warrant sanction.
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15 February 2018 |
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Unsubstantiated claims of past representation or friendship do not establish a reasonable apprehension of judicial bias; appeal dismissed.
Judicial recusal; apparent bias; Judicial (Code of Conduct) Act s6; "real possibility" test of bias; prior representation or social acquaintance insufficient without evidence; forum shopping; contempt for baseless allegations.
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15 February 2018 |
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Consent orders cannot bypass statutory leave‑to‑appeal time limits; credibility findings upheld in dismissed slander claim.
Civil procedure — Leave to appeal — Section 13 Court of Appeal Act and Order XI Court of Appeal Rules — time limits mandatory in substance; extension of time under Order XIII — parties cannot by consent circumvent statutory leave/time requirements. Defamation (slander) — elements: defamatory words, reference to plaintiff, publication to third party and reputational injury — appellate restraint on overturning trial judge’s credibility and demeanour findings absent misapprehension or perversity
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15 February 2018 |
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Identification by a knowing witness and corroborative circumstantial evidence upheld aggravated robbery conviction despite inadmissible ballistics report.
Criminal law – aggravated robbery – Identification by acquaintance – dangers of mistaken identity considered; Admissibility of documentary ballistics report – author must be called or exception shown; Alibi – duty to investigate; Corroboration by recovered cartridges and possession of licensed firearm; Appeal dismissed.
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10 February 2018 |
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Whether the trial judge properly exercised discretion under Order 36(9) to order the judgment debt paid in four quarterly instalments.
Civil procedure – Order 36 rule 9 – Payment of judgment debt by instalments – Judicial discretion – Factors to consider: debtor’s financial status, means to pay, likelihood of compliance, duration of repayment, hardship to creditor, age and nature of debt – Appellate review limited to misapplication of principles, irrelevant considerations, mistake of fact, or non‑consideration of material evidence.
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1 February 2018 |
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The appellant's challenge to the mortgage principal and interest failed; written loan documents and statement of account were decisive.
Mortgage law – loan facility and mortgage deed govern amount borrowed – mortgage protection premium – admissibility of extrinsic evidence – setting aside consent order and effect on interest – assessment procedure – reliance on statement of account.
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1 February 2018 |
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Company held liable for wrongful termination despite Minister initiating dismissal; gratuity payment did not bar damages claim.
Employment law — Wrongful dismissal for breach of contractual termination procedure; privity of contract — company liable though shareholder/Minister initiated termination; payment of gratuity does not bar damages claim; leave-pay claim abandoned; costs allocation.
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1 February 2018 |