Results.
16 judgments found.
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| November 2022 |
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A trial court cannot decide issues not before it; equitable mortgage protects title deed holder and mortgagee who sells must account after conveyance.
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Mortgage law — foreclosure vs sale; equitable mortgage by deposit of title deed; functus officio — trial court cannot decide new issues after judgment; mortgagee’s duty to account for surplus after completed sale; foreclosure nisi not automatically absolute.
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25 November 2022 |
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Appellant's challenge to a third-party mortgage failed: documents showed a mortgagor security, no bank misrepresentation, appeal dismissed.
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Banking law — construction of facility letters and guarantees — mortgagor versus surety — misrepresentation and duty to advise — third party mortgage validity — foreclosure remedy.
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25 November 2022 |
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Appellate court dismissed appellant's premature jurisdictional challenge to possession proceedings based on alleged invalid letters of administration.
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Civil procedure — jurisdictional challenge — letters of administration — Local Court jurisdiction to grant administration — certificate of title conclusive (Lands and Deeds Registry Act s.33) — premature appellate intervention on factual issues.
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22 November 2022 |
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Failure to obtain leave for a second appeal after High Court review deprived the Court of Appeal of jurisdiction.
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Criminal appeals — Jurisdiction of Court of Appeal — Court of Appeal Act ss.14 & 15 — Distinction between first and second appeals — High Court exercise of review powers when confirming subordinate court sentence — Leave to appeal required for second appeals — Appeal struck out for want of jurisdiction.
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18 November 2022 |
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Daylight identification upheld but murder conviction substituted for manslaughter where no proof the appellant delivered the fatal blow.
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Criminal law — identification evidence — discrepancies not fatal where attack in daylight and witnesses had adequate opportunity to observe; Criminal law — mob/collective violence — murder requires proof accused inflicted fatal blow; participation in mob may support manslaughter not murder.
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17 November 2022 |
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Conviction based solely on 'last seen' evidence and a minor contradiction is unsafe without supporting circumstantial proof.
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Criminal law — Circumstantial evidence — 'Last seen' theory — Time lapse and accused’s explanation material — Minor contradictions insufficient to anchor conviction — Conviction unsafe where alternative inferences equally plausible.
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17 November 2022 |
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Provocation during a mutual fight can reduce murder to manslaughter where retaliation is proportionate in the heat of the moment.
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Criminal law — provocation (Section 205 Penal Code) — heat of passion — proportionality assessed in context of a mutual fight — murder reduced to manslaughter — sentence substituted.
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17 November 2022 |
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Single-witness identification, recent possession and ballistic evidence together upheld conviction and sentence.
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Criminal law — Identification by single witness — need to exclude honest mistake; Recent possession doctrine — inference of guilt from recovery of stolen goods; Ballistic and physical evidence corroboration; Suspect witness — when independent physical evidence obviates need for corroboration.
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16 November 2022 |
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Appeal dismissed: conviction for stock theft upheld where accomplice evidence was corroborated by identification and admission.
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Criminal law — Stock theft — Accomplice/co-accused evidence — Corroboration requirement — Single identifying witness — Reliability of night identification — Admission of sale as corroborative evidence.
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16 November 2022 |
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Appellate court reduced a manifestly excessive 15-year mob‑justice manslaughter sentence imposed on the appellant to five years.
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Criminal law — Manslaughter — Mob justice during gassing panic — Sentencing principles — Appellate interference where sentence is wrong in principle or manifestly excessive — Concurrent substitution to five years.
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16 November 2022 |
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Four appellants convicted of aggravated robbery (reclassified from armed robbery); one appellant acquitted; death sentences set aside.
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Criminal law — Aggravated robbery — identification evidence and CCTV corroboration — single identifying witness; recent possession of stolen property as connecting link; odd coincidences as corroboration; distinction between armed aggravated robbery (firearm use) and ordinary aggravated robbery; failure to lift fingerprints and dereliction of police duty; appellate review of credibility findings.
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15 November 2022 |
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A General List judge lacked jurisdiction to decide transfer of a commercial action; transfer applications must be determined by a Commercial List judge.
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Commercial Division — Order LIII High Court Rules — Definition of commercial action — Transfer to Commercial List — Jurisdiction of General List judge vs. Commercial List judge — Banker‑customer disputes; fraud and negligence in commercial transactions
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11 November 2022 |
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Application to set aside dismissal for want of prosecution refused due to inordinate unexplained delay in filing Record of Appeal.
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Court of Appeal Rules — setting aside dismissal for want of prosecution — inordinate delay and failure to prosecute — Record of Appeal not filed — absence of evidence of efforts to obtain proceedings — Notice of Address of Service not material.
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11 November 2022 |
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Bankruptcy proceedings founded on a judgment are "an action" under the Limitation Act 1939 and may be time-barred.
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Limitation Act 1939 s.2(4) — meaning of "action" — insolvency/bankruptcy proceedings fall within "action"; Bankruptcy Act (Ch.82) s.163(4) — continuation of English 1952 Bankruptcy Rules; Rule 129 — security for costs and court’s discretion to dispense.
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4 November 2022 |
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Cancellation of titles upheld for procedural impropriety despite fraud not proved; appeal dismissed.
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Land law — Allocation of state land — Procedural impropriety and missing application files — Cancellation of Certificates of Title under s.34 Lands and Deeds Registry Act — Pleadings and evidence — Reversion of title to State.
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4 November 2022 |
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Expiry of a fixed-term contract without assurances does not create a legitimate expectation of renewal; unpleaded relief cannot ground damages.
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Labour/employment law — fixed-term contracts — effluxion of time — legitimate expectation requires a promise or assurance — courts should not award relief based on unpleaded claims; appellate relief and costs.
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1 November 2022 |