|
Citation
|
Judgment date
|
| January 2024 |
|
|
|
31 January 2024 |
|
|
31 January 2024 |
|
|
30 January 2024 |
|
|
30 January 2024 |
|
Appeal dismissed for failure to file record within time; belated extension application without sufficient explanation was rejected.
Civil procedure – appeals – dismissal for want of prosecution – failure to file record of appeal within 60 days – reactive application for extension of time insufficient without good and convincing explanation – proof of service of requests for record – Article 118 (avoidance of technicalities) not a licence to flout procedural rules.
|
26 January 2024 |
|
A court granted the applicant's stay of execution pending appeal due to arguable prospects and risk of irreparable harm.
Civil procedure – Stay of execution pending appeal – Renewal application competency – Test: prospects of success and irreparable harm – Real property risk of foreclosure.
|
26 January 2024 |
|
|
26 January 2024 |
|
|
25 January 2024 |
|
|
25 January 2024 |
|
|
25 January 2024 |
|
|
25 January 2024 |
|
|
24 January 2024 |
|
Appellate court upheld trial finding of US$907,900 indebtedness, set aside remittal for assessment and ordered direct payment.
Contract and evidence — acknowledgement of debt — sufficiency and corroboration; burden of proof in civil cases; appellate review of findings of fact — perverse/unwarranted interference; procedural non-compliance — substantive consideration in interest of justice; remittal for assessment vs. direct award.
|
19 January 2024 |
|
Ambiguous age report required juvenile consideration; death sentence set aside and replaced with one-year probation.
Criminal law — murder sentencing — age determination ambiguity — possible juvenile status — misdirection by sentencing without pronouncing on age — death sentence set aside; substituted one-year probation under Probation of Offenders Act and Children's Code.
|
19 January 2024 |
|
|
19 January 2024 |
|
|
16 January 2024 |
|
A conditional leave to appeal imposed where no statutory leave was required is void; appeal competent, but appellant ordered to pay costs.
Civil procedure – Appeal jurisdiction – Right of appeal under s.22 Court of Appeal Act – Conditional leave to appeal – Void ab initio – Compliance with court orders pending vacation or variation – Costs for disobedience of order.
|
15 January 2024 |
|
Conditional leave to appeal imposed where no leave was required was void ab initio; appeal competent but appellant ordered to pay costs.
Civil appeal — final judgment — right of appeal under s.22 Court of Appeal Act — conditional leave requiring payment into court — ultra vires; nullity — effect of void orders (Macfoy) — duty to obey court orders until set aside (Majera) — conditional leave to be sparingly used — costs for disobedience of court orders.
|
15 January 2024 |