Results.
11 judgments found.
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| January 2020 |
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Whether adjudged judgment interest was paid and whether bank statements suffice as proof of payment.
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Judgment Act s.2 — determination of payable interest v. liquidation of adjudged interest; res judicata; proof of payment of judgment debt; evidential sufficiency of bank statements; remit for assessment by Registrar.
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31 January 2020 |
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Whether statutory recognition of a senior chief conflicts with a gazetted chief's territorial authority and can be restrained.
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Chiefs Act s.3(2)(b) and recognition procedure; validity of statutory instrument recognitions; territorial jurisdiction of chiefs; injunction against interference with gazetted chiefdom; citation of chiefs in office-capacity; limits of raising constitutional amendment/misjoinder issues on appeal.
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30 January 2020 |
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Whether a senior chief’s recognition and jurisdiction were limited to Naliele and whether he must be restrained from interfering with another chief’s statutory areas.
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Chieftaincy — recognition under Chiefs Act s.3(2)(b) and Constitution (Arts.127,128) — limits of chiefly jurisdiction — corporation sole and party citation — injunctive relief restraining interference.
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30 January 2020 |
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Order 17 HCR adequately governs withdrawal; no forum shopping found; each party to bear High Court costs, appellant awarded appeal costs.
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Civil procedure — Discontinuance of proceedings — Order 17 High Court Rules — No lacuna warranting resort to Order 21 White Book — Forum shopping and multiplicity of actions — Judicial discretion as to costs — Costs may be ordered each party to bear their own where just.
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30 January 2020 |
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Failure to obtain mandatory leave for judicial review renders a mandamus application procedurally incompetent and dismissible.
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Judicial review — leave to apply (Order 53) — mandatory procedural requirement — mandamus and certiorari — jurisdictional effect of non-compliance — dismissal for procedural incompetence.
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29 January 2020 |
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Appeal partly allowed: court set aside finding about running a company, upheld findings of ownership, and found error on production of financial documents.
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Family law — ancillary relief — quantification of lump-sum awards — requirement of documentary evidence of income, earning capacity and capital resources; appellate review of findings of fact; evaluation of wills and account statements as evidence of assets.
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24 January 2020 |
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Appellant’s dismissal upheld: supervisor had authority, appellant disobeyed orders and negligence (not police report) justified dismissal.
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Employment law — wrongful/unfair dismissal — authority to give instructions — disobedience of lawful orders — causation of vehicle accident: negligence vs mechanical fault — weight of police report — appellate review of factual findings.
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24 January 2020 |
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Last-seen circumstantial evidence and failure to prove incapacitating intoxication upheld murder conviction and death sentence.
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Criminal law — Circumstantial evidence and the 'last seen' doctrine; chain of incriminating circumstances; burden to prove intoxication for mitigation; murder — death sentence upheld.
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21 January 2020 |
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A labelled equity participation agreement was held to be a loan; director guarantees and CRB reporting were enforceable.
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Commercial law — characterization of transaction: label of 'equity participation' cannot disguise a loan; assignment of receivables and unlimited director guarantees enforceable; pleadings rule — illegality and equitable defences must be specifically pleaded; appellate review of factual findings limited.
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15 January 2020 |
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Failure to give statutorily required reasons for termination can justify damages beyond contractual notice pay.
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Employment law — statutory obligation to furnish reasons for termination (s.36(1)(c),(3) Employment Act) — contractual notice/payment-in-lieu does not replace statutory reasons — measure of damages for unlawful termination may exceed notice period where termination is abrupt, causes distress or loss of opportunities — costs under Rule 44(1) ILR Act.
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15 January 2020 |
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Whether leave should be granted to file an application for extension of time to lodge the appeal record and heads of argument.
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Civil procedure — Extension of time — Order 13 Rule 3 Court of Appeal Rules — leave to file application out of time — delay due to transfer and delayed transcription of record — discretion exercised where no mala fides or prejudice — costs awarded to respondent.
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10 January 2020 |