Results.
8 judgments found.
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| June 2019 |
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Appellants' trafficking convictions set aside because prosecution failed to prove means and exploitative purpose beyond reasonable doubt.
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Criminal law — Trafficking in persons — Elements: recruit/transport/transfer/harbour/receive; necessity to prove prohibited means (force, coercion, abduction, fraud, etc.) and exploitative purpose — Admissibility of confession evidence: trial court must ask accused if defence objects (Hamfuti) — Contextual consideration of refugee flight — Conviction unsafe where essential ingredients not proved beyond reasonable doubt.
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28 June 2019 |
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Applicant failed to show a prima facie case that the Minister's refusal of medical cannabis licences was unlawful.
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Administrative law — judicial review — licensing of controlled drugs — wide ministerial discretion under Dangerous Drugs Act s22 — Medicines and Allied Substances Act (ZAMRA) — natural justice and right to be heard for new licence applicants — locus/standing — certiorari/prohibition.
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28 June 2019 |
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Appellant had no enforceable contract to purchase land; no cause of action arose and the appeal is dismissed with costs.
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Contract law — intention to create legal relations; correspondence as lease pending valuation does not automatically create a binding contract for sale — Real property — sale of land requires written memorandum — Limitation — time runs from accrual of cause of action; where no cause of action exists limitation does not arise.
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27 June 2019 |
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Whether service at the respondent's embassy breached diplomatic inviolability and whether the respondent waived immunity to suit.
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Diplomatic immunities — inviolability of mission — service of process at embassy — state immunity — restrictive theory (jure gestionis) — waiver/consent to jurisdiction — leave for service out of jurisdiction.
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27 June 2019 |
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Appeal allowed: maintenance variation, costs and transfer allowed; custody maintained pending future review; each party bears own costs.
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Family law — Variation of maintenance: change of circumstances and Rule 75(1); Evidence: need for supporting proof for adverse income findings; Custody — welfare paramount; Costs — court's discretion to order parties to bear own costs; Transfer of proceedings — s23(1) High Court Act.
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26 June 2019 |
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Appeal allowed: maintenance variation and transfer issues accepted; custody order upheld; parties to bear own costs.
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Matrimonial Causes — variation of maintenance — changed financial circumstances; disclosure of income — evidence required; custody — welfare of the child paramount; transfer of proceedings; costs — discretionary award set aside.
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26 June 2019 |
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Circumstantial evidence, an excluded confession, and unintroduced statements rendered the murder conviction unsafe; appellant acquitted.
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Criminal law — Circumstantial evidence — ‘Odd coincidences’ must be cogent enough that guilt is the only reasonable inference; Confession — improperly obtained/under duress — exclusion permissible; Evidence — prior statements and depositions not properly introduced cannot be relied upon on appeal; Forensic ballistic evidence — inconclusive linkage insufficient to prove firearm discharged by accused.
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26 June 2019 |
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The Court refused to admit fresh evidence on appeal where it could have been obtained with reasonable diligence, upholding finality.
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Appeal — Fresh evidence on appeal — Ladd v Marshall criteria — Court of Appeal Act s24(1)(b)(i) — Caveat on title — Finality in litigation — Admission of post-trial documents.
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12 June 2019 |