Results.
17 judgments found.
|
|
|
| August 2018 |
|
|
Whether the employer's disciplinary code applied and whether dismissals for protesting bonus withdrawal were lawful.
-
Employment law — disciplinary code authentication — unfair dismissal — substitution of charges — 13th cheque as contractual entitlement — group company proceedings — exhaustion of remedies — s101(2) ILRA inapplicable
|
23 August 2018 |
|
The appellant's failed defences did not establish reasonable doubt or constitute extenuating circumstances.
-
Criminal law — murder — circumstantial evidence; defences — evidential burden to raise defences vs prosecution’s burden to negative them; intoxication; self-defence; provocation; accident; forensic evidence; sentencing — extenuating circumstances.
|
23 August 2018 |
|
Recognition-based identification and joint enterprise upheld; murder conviction affirmed and aggravated robbery sentence increased to life imprisonment.
-
Criminal law — Identification by recognition — honest mistake — opportunity and lighting; Joint enterprise — section 21(1) Penal Code — principals/accessories; Murder — malice aforethought — section 204(b) — use of offensive weapons; Aggravated robbery — sentence increased to life imprisonment with hard labour.
|
22 August 2018 |
|
Expired tenancies, arrears and lack of capacity meant no clear right or equitable basis for interlocutory injunction; appeal dismissed.
-
Interlocutory injunctions — American Cyanamid test — requirement of serious question to be tried and clear right to relief — expiry of tenancy agreements; tenancy at will — alleged renewal by conduct — clean hands (rental arrears) — capacity to give undertaking — sale in liquidation and transfer of beneficial interest.
|
22 August 2018 |
|
Recognition identification and joint enterprise proved appellants guilty; aggravated robbery sentence increased to life, murder conviction and death sentence upheld.
-
Criminal law — Identification by recognition at night — Need to exclude honest mistake — Joint enterprise and liability under section 21(1) — Malice aforethought under section 204 — Sentence substitution for aggravated robbery; death sentence maintained.
|
22 August 2018 |
|
Summary dismissal without a hearing was wrongful; statute obliges employer to repatriate foreign employees despite contractual exclusion.
-
Employment law — unfair dismissal — breach of natural justice (audi alteram partem) — court may probe mala fides; Immigration Act s28(8) — employer's repatriation obligation overrides contrary contractual clause; mitigation of damages; correction of accrued leave entitlement.
|
22 August 2018 |
|
Terminal gratuity must include the services allowance as last paid (tax gross-up); successful retiree awarded costs.
-
Employment law — terminal benefits — services allowance — grossing-up for tax — interpretation of conditions of service and HR memorandum; computation of gratuity; costs follow the event — discretion and "no order as to costs".
|
22 August 2018 |
|
Insufficient evidence of a firearm (no recovery or ammunition) precluded conviction under section 294(2); substituted convictions under section 294(1).
-
Criminal law — Aggravated robbery — Firearm element — Proof required under Firearms Act — recovery of firearm, cartridges or strong circumstantial/forensic evidence; recent possession of stolen property as evidence of guilty knowledge.
|
21 August 2018 |
|
Whether omission to explain a later-enacted proviso or recall witnesses after amending the offence date vitiated a corroborated defilement conviction.
-
Criminal law — Defilement (s138 Penal Code) — Proviso retrospectivity — Charge amendment and variance as to date (s213(2) Criminal Procedure Code) — Recall of witnesses — Corroboration of prosecutrix by medical report and caution statement — Submissions not evidence — Irrelevance of testing accused for victim's STI.
|
21 August 2018 |
|
Dismissal was wrongful for breach of natural justice; statute mandates reasonable repatriation despite contractual exclusion.
-
Employment law — wrongful and summary dismissal; natural justice (audi alteram partem) — requirement to afford hearing; court's power to examine substratum of facts/mala fides; Immigration and Deportation Act s28(8) — employer's repatriation obligation overrides contractual exclusion; mitigation of damages; computation of accrued leave.
|
21 August 2018 |
|
A registered certificate of title is conclusive evidence of ownership unless fraud, misdescription, or prior interest is proved; appeal dismissed.
-
Lands and Deeds Registry Act s33 — registered certificate of title conclusive evidence of ownership; requirements to rebut title (fraud, misdescription, prior interest). Survey law — re‑planning/re‑alignment where newly created lot overlaps earlier surveyed lot. Appellate review — interference with trial findings of fact only where findings are perverse or unsupported. Civil procedure — written submissions are advisory and not binding on the court
|
17 August 2018 |
|
Appeal allowed: employee had accepted renewed contract reducing notice period, so no breach or duplicative awards.
-
Employment law — fixed-term renewals — document admissibility and deemed admission where no timely objection — variation of termination notice by mutual assent — extrinsic evidence rule — unjust enrichment and duplication of awards.
|
10 August 2018 |
|
Registered title and bona fide purchaser protection upheld; squatter claims and unproved fraud allegations failed.
-
Land law — registered Certificate of Title — bona fide purchaser for value without notice — squatters’ occupancy — requirement to plead and prove fraud with particularity — procedure for transfer and memorials on title — costs follow the event.
|
10 August 2018 |
|
Court of Appeal held trial judge erred by deciding substantive chieftaincy issues at interlocutory stage and granted interim injunction.
-
Interlocutory injunctions — American Cyanamid principles — court must not determine triable issues on affidavit evidence — preservation of status quo — pre-empting merits hearing — chieftaincy election dispute.
|
10 August 2018 |
|
Applicant’s request to extend time to file the Record was denied for inordinate delay and failure to obtain leave to appeal.
-
Civil procedure — Appeals — Computation of time includes weekends — Notice of Appeal filed late without leave — Court’s discretion under Order XIII r 3(3) to extend time requires sufficient reason — Inordinate delay and dilatory conduct justify refusal — Costs awarded.
|
10 August 2018 |
|
Whether the appellant manufactured the contaminated drink and whether it caused the respondent's illness.
-
Product liability — manufacturer’s duty of care to consumers — proof on balance of probabilities; Negligence — necessity of proving causation for damages; Medical evidence — requirement to link contamination to illness; Standard of proof in civil actions.
|
10 August 2018 |
|
Appeal dismissed for inordinate delay and failure to serve notice and file record and heads within prescribed time.
-
Appeal procedure — service of notice of appeal — Order X r.3(9) — filing record and heads — Order X r.6 — extension of time — non‑compliance — dismissal — commercial list expedited proceedings.
|
7 August 2018 |