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Citation
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Judgment date
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| June 2021 |
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The applicant failed to show good and convincing reasons to stay sale of seized goods pending appeal.
Civil procedure — Stay of execution — Appeal does not automatically operate as a stay — Applicant must show good and convincing reasons (appeal would be nugatory or irreparable loss) — Judgment on admission — Court’s discretion to grant stay.
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21 June 2021 |
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Proprietary estoppel established respondent's ownership; relief to non-parties set aside; appeal dismissed.
Property law – Proprietary estoppel: assurance, reliance and detriment can lead to declaration of ownership; Specific performance: oral sale not enforceable absent clear agreement; Civil procedure: courts should not grant relief to non-parties.
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10 June 2021 |
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Forceful head-blow with a large stick established malice aforethought; murder conviction and death sentence upheld.
Criminal law – Murder – Malice aforethought (s.204 Penal Code) – Foreseeability of grievous harm or death from a forceful head blow with a large stick – Evidence and inference of intent.
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4 June 2021 |
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Leave to appeal to the Supreme Court refused: intended appeal lacked public importance, prospects of success, and compelling reasons.
Civil procedure – Leave to appeal to Supreme Court – s.13(3) Court of Appeal Act – threshold requirements: point of law of public importance, reasonable prospects of success, other compelling reasons – joinder of parties – appellate review of joinder.
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3 June 2021 |
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Applicant failed to show fresh evidence to justify review of an interim injunction; appeal, not review, was the appropriate remedy.
Civil procedure – Review under Order 39 Rule 1 – Limited scope; requires fresh material evidence; Constitutional law – Article 165(2) v. Chiefs Act s.4(1) – raised but not shown as new evidence; Interim injunction – res judicata; Appeal vs review – proper remedy is appeal where no fresh evidence.
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3 June 2021 |
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2 June 2021 |