Results.
28 judgments found.
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| August 2025 |
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Joinder post‑judgment requires showing sufficient interest; purchase from a vendor with a fraudulent title is insufficient.
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Joinder of parties post‑judgment — requirements: locus standi, sufficient interest, lack of notice, disclosure of material facts and intended outcome — fraudulent title cannot confer good title — joinder not a substitute for appeal or review.
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29 August 2025 |
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Whether a year‑to‑year transport contract was lawfully terminated by non‑renewal and reasonable notice.
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Contract law — year‑to‑year/fixed‑term agreements — effluxion of time; implied renewal and legitimate expectation; reasonable/adequate notice for termination of unwritten contracts; equitable indemnity for lack of notice; appellate review of factual findings.
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28 August 2025 |
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Insured failed to prove claim; insurer entitled to investigate; policy void for false declaration; premiums refunded with interest.
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Insurance law — contract uberrimae fidei — continuing duty of utmost good faith; false declaration and fraudulent/exaggerated claims; condition precedent to indemnity; burden of proof on insured; insurer's right to investigate; estoppel not available against material misrepresentation.
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28 August 2025 |
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Deportation without a warrant or disclosed grounds breached natural justice and was procedurally unlawful.
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Immigration law — Deportation procedure — section 39(2) — ministerial warrant — disclosure of grounds — natural justice — right to be heard — procedural impropriety — return of seized property
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22 August 2025 |
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Claim for repayment of deposits was statute‑barred under the Limitation Act; liquidation did not revive or extend the limitation period.
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Limitation Act 1939 — accrual of cause of action — bank/depositor claims — specialty v simple contract — effect of liquidation/winding‑up on limitation periods — requirement for written acknowledgment or deed to extend limitation
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22 August 2025 |
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Order piercing corporate veil set aside because the wrong corporate entity was sued; appellant not personally liable.
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Company law — Lifting (piercing) corporate veil — Requirement that the entity sued be the entity that contracted or incurred the debt
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Civil procedure — Wrong party sued — Effect of suing incorrect corporate entity on subsequent liability and veil‑piercing orders
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Company law — Agency/representation — Evidence required to impute corporate obligations to a different incorporated entity
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22 August 2025 |
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An acquittal in criminal proceedings does not preclude disciplinary dismissal for breach of workplace procedures.
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Employment law — disciplinary dismissal — acquittal in criminal proceedings not exonerating in employment context; summary dismissal for non‑compliance with safety/reporting procedures; disciplinary hearings not strict trials of evidence; sufficiency of factual substratum for disciplinary action.
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21 August 2025 |
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Two employees awarded aggravated damages for unfair dismissal after statutory hearing breach; third respondent's claim fails due to conviction.
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Employment law — unfair dismissal — duty to afford hearing under Employment Code Act s52 — desertion vs dismissal — appellate limits on fact‑finding under Industrial Relations Act s97 — aggravated damages — costs in Industrial and Labour Relations proceedings.
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21 August 2025 |
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Appeal dismissed: contributory negligence must be pleaded and proved; damages awards and future-earnings calculation upheld.
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Civil damages — Employer negligence — contributory negligence must be pleaded and proved; quantum of general and special damages; assessment of future loss of earnings and deductions for contingencies; relevance of comparable awards and adjustment for inflation.
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21 August 2025 |
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Summary dismissal without hearing can justify damages exceeding contractual notice pay due to procedural unfairness.
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Employment law — unfair/wrongful dismissal — usual measure of damages is notice pay — enhanced damages permissible for gross procedural unfairness, distress, reputational harm — appellate restraint on interfering with discretionary awards.
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21 August 2025 |
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Default judgment obtained against the State without statutory notice and adequate reasons was irregular and set aside; matter remitted for trial.
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State Proceedings Act s22 — mandatory notice and leave to enter default judgment against the State; Default judgment — setting aside — requirement to disclose defence on the merits and give reasonable explanation for delay; Judicial decisions — necessity of reasoned judgments showing findings and application of law; Irregularly obtained default judgment — remit for trial.
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20 August 2025 |
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Whether text-message variations creating instalment deposits altered exchange/possession obligations and barred specific performance.
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Contract variation — variation by text messages — instalment payment of deposit; incorporation of standard form conditions — LAZ General Conditions; condition precedent of exchange and deposit for vacant possession; repudiatory breach and remedy of specific performance; forfeiture under clause 22(c).
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20 August 2025 |
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Whether malice aforethought and lack of provocation justified upholding a murder conviction and mandatory life sentence.
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Criminal law — murder — malice aforethought — accidental discharge defence as afterthought — provocation (Section 205 Penal Code) — cumulative provocation — mandatory life sentence — appellate review of factual findings.
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20 August 2025 |
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Conviction unsafe where vehicle identification and bag chain of custody were not established.
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Criminal law — Circumstantial evidence — Identification of vehicle — Chain of custody for recovered bag — Admissibility and proof beyond reasonable doubt — Conviction unsafe and acquittal.
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20 August 2025 |
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Failure to plead and prove fraud with particularity bars challenge to a conclusive certificate of title; appeal dismissed.
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Land law — Certificate of title under Lands and Deeds Registry Act s33/s34 — conclusive evidence of ownership; Civil procedure — Requirement to plead fraud with particularity (Order 18 RSC) — fraud must be distinctly alleged and proved; Appeal — appellate interference with findings of fact limited to perversity, absence of relevant evidence or misapprehension of fact.
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20 August 2025 |
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Charging officer chairing a disciplinary hearing created apparent bias, rendering the dismissal wrongful; six months' damages upheld.
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Employment law — Disciplinary procedure — Natural justice — Charging officer chairing disciplinary hearing — Apparent bias; Wrongful vs unfair dismissal; Proof of dismissible offence and procedural compliance; Damages for wrongful dismissal (notice pay ordinarily, but facts may justify broader award).
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20 August 2025 |
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Appeal dismissed against former employee for libel; broadcaster's liability set aside after proving justification.
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Defamation — libel via online blog and television broadcast — identification and publication — defences: justification and fair comment — appellate review of factual findings and trial court discretion.
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20 August 2025 |
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A sham redundancy is an unfair dismissal; corporate separation cannot be used to evade employment obligations.
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Employment law — Redundancy — Genuine redundancy versus sham redundancy; unfair dismissal under Employment Code Act; lifting the corporate veil where separate entity used to evade employment obligations; measure of damages for unfair redundancy (mitigation and nominal award).
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19 August 2025 |
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Conviction for murder affirmed; self-defence failed due to excessive force, but sentence reduced to 20 years for extenuating circumstances.
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Criminal law — self-defence — warn-and-caution statement (confession) — effect of conflicting trial denial — proportionality of force — excessive force defeats self-defence but may give rise to extenuating circumstances warranting sentence reduction.
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19 August 2025 |
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Circumstantial and last-seen evidence, coupled with adverse credibility findings, sufficed to uphold a murder conviction.
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Criminal law — Circumstantial evidence — Required cogency to permit only inference of guilt; Last-seen principle; Credibility and lies on material points; Failure to call available witnesses.
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15 August 2025 |
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Conviction upheld on reliable eyewitness ID; death sentence set aside because appellant was a juvenile at commission of the offence.
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Criminal law — Identification evidence — single eyewitness identification in daylight — honest mistake; Credibility assessment of eyewitness evidence; Common purpose liability in fatal assaults; Sentencing — juvenile at time of offence — death sentence prohibited — detention during President's pleasure.
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15 August 2025 |
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Circumstantial evidence and unexplained conduct in a locked room supported only the inference of the applicant's guilt.
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Criminal law — Murder — Circumstantial evidence — Whether circumstantial facts point to only one inference — Postmortem evidence — Unchallenged forensic findings — Accused’s silence and conduct as indicative of guilty knowledge.
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15 August 2025 |
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Conviction for murder upheld; death sentence set aside because appellant was a juvenile at time of the offence, ordered detained at President's pleasure.
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Criminal law — identification evidence — single eyewitness identification in daylight after 15 minutes observation; honest mistake; identification parade; sentencing — prohibition of death sentence for juvenile under Penal Code s.25(2); detention at President's pleasure.
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15 August 2025 |
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Opportunity in an isolated clinical setting and medical and parental evidence sufficiently corroborated defilement; appeal dismissed.
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Criminal law — Defilement — Corroboration: opportunity as corroboration — medical evidence corroborating intercourse despite absent lab report — proof of age by parent and child health record — failure to challenge evidence by cross‑examination.
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15 August 2025 |
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Court upheld convictions where detained witnesses were corroborated by recent possession and other circumstantial evidence.
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Criminal law — Circumstantial evidence — Detained (suspect) witnesses — Requirement for corroboration — Recent possession doctrine — Inference of guilt from totality of evidence in aggravated robbery and murder.
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13 August 2025 |
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A voluntary admission to a chief can corroborate a prosecutrix and sustain a sexual‑offence conviction.
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Criminal law — Incest/defilement — admissibility and probative value of extrajudicial admissions to a chief; corroboration in sexual offences; appellate deference to trial credibility findings.
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13 August 2025 |
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Conviction for defilement upheld on corroborative medical and circumstantial evidence; 35‑year sentence affirmed.
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Criminal law — Defilement — Circumstantial evidence and corroboration — Suspect witnesses — Medical evidence corroborating sexual injury — Sentencing: young victim and deterrence justify severe term.
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13 August 2025 |
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Corroboration of a child witness is discretionary; unproven intoxication cannot negate intent or justify extenuation.
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Criminal law — murder — identification by child witness — corroboration discretionary under s.78(9) Children’s Code; child evidence corroborated by discovery and postmortem. Criminal law — intoxication — burden to prove drunkenness affected capacity; uncorroborated intoxication may be rejected and not qualify as extenuation
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12 August 2025 |