Results.
2,111 judgments found.
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| August 2024 |
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Court upheld a 35-year sentence for the appellant for defilement due to pregnancy, age disparity, and repeated encounters.
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Criminal law — defilement — sentence appeal — Jutronich test — pregnancy as aggravating factor — minor’s incapacity to consent — age disparity and repeated encounters justify severe sentence.
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20 August 2024 |
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Murder conviction substituted with manslaughter where fatal injuries occurred during a fight; sentence set at five years.
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Criminal law — Circumstantial evidence — Inference of guilt; Criminal law — Homicide: death in course of a fight — Manslaughter v. murder; Causation — necessity of evidential foundation for alternative causes of death.
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19 August 2024 |
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Circumstantial and medical evidence excluded suicide hypothesis; conviction for murder and death sentence upheld.
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Criminal law — Murder — Circumstantial evidence — must exclude reasonable hypothesis of innocence; postmortem finding of asphyxia by strangulation supports homicide inference; conduct and opportunity of accused as corroborative circumstances.
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19 August 2024 |
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Applicant's challenge that he was a juvenile and that his plea was equivocal was dismissed; sentence upheld.
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Criminal law — age determination and jurisdiction under Juveniles Act — role of interpretation in age admission — equivocal plea doctrine — materiality of alleged inconsistencies to offence under Anti‑Human Trafficking Act s9(1).
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19 August 2024 |
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CCTV recognition corroborated by wallet and unexplained financial transactions upheld convictions for murder and aggravated robbery.
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Criminal law — murder and aggravated robbery — identification by CCTV — recognition by co-workers — corroboration by property found at scene and financial transactions — failure to produce call records — dereliction of duty not necessarily fatal where evidence is overwhelming — odd coincidence as supporting evidence.
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19 August 2024 |
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Whether the Director of Mining Cadastre may grant consent to enter titled surface land and proper appellate remedy.}
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Administrative law; mining law — Director of Mining Cadastre’s power to grant consent to enter surface rights; procedural remedies and appeals under the Mines and Minerals Development Act; jurisdiction and leave to appeal under section 13 Court of Appeal Act.
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19 August 2024 |
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Mere unauthorised possession of a Defence Force uniform does not satisfy s6(1)(a); prosecution must prove prejudicial purpose.
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State Security Act s6(1)(a) — unauthorised use/possession of Defence Force uniform — requirement of specific purpose (gain admission to protected place or purpose prejudicial to national safety/interests) — mere possession insufficient; Penal Code s182 inapplicable.
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19 August 2024 |
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Applicant failed to show statutory grounds for leave to appeal or for a stay; omitted grounds properly deemed abandoned.
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Court of Appeal — leave to appeal to Supreme Court (s13(3)) — criteria: point of law of public importance; reasonable prospects of success; other compelling reasons — abandonment of grounds omitted from heads of argument — improper raising of unpleaded fraud — stay of execution dismissed.
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19 August 2024 |
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Whether the prosecutrix’s identification was sufficiently corroborated by admissions, medical evidence, and opportunity.
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Criminal law — Defilement — Corroboration of identity and commission — Role of relatives’ evidence — Admissions and opportunity as corroboration — Safety of conviction.
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16 August 2024 |
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Failure to show gross negligence, respondent's accidental firearm discharge during hunting negates manslaughter.
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Criminal law — Manslaughter by negligence — Defence of accident (section 9(1) Penal Code) — Burden on prosecution to disprove accident — Gross negligence/recklessness required — Failure to engage safety catch not per se manslaughter in hunting context.
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16 August 2024 |
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Court refused to dismiss the appellant's appeal for defective grounds but awarded costs to the respondent.
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Appeal procedure — grounds of appeal — Order X r.9(2) CAR — non-compliance with rules (narrative/argumentative grounds) — jurisdiction — discretion to hear appeal despite defects — costs.
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15 August 2024 |
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Whether respondent bank conspired or breached a charge; court finds no bank liability and email did not waive charge.
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Agency — agent's authority by conduct; Charge over bank account — enforceability and waiver by email; Conspiracy to defraud — requirement of combination and unlawful means; Unconscionability — setting aside oppressive interest clauses; Civil procedure — restraint on prolix heads of argument.
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14 August 2024 |
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A party seeking variation of a single judge’s decision must proceed by renewal, not by an appeal styled motion.
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Civil procedure — Full court review of single judge decisions — Section 9(b) CAA and Order 10 r.2(8) CAR — Renewal of application to full court, not an appeal; procedural competence; registry clerical errors; consolidation and jurisdictional objections.
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6 August 2024 |
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A step-child born before the marriage and not adopted or maintained by the deceased is not entitled to the children's share under intestacy.
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Intestate Succession Act — definition of "child" and "dependant" — step-child born before marriage — adoption requirement — entitlement to children's share of estate.
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6 August 2024 |
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Unexplained two‑year delay in seeking to amend pleadings justified refusal due to likely prejudice and abuse of process.
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Civil procedure — amendment of pleadings — discretion to allow late amendments — inordinate/unexplained delay and prejudice to respondent — Industrial Relations Court Rules (Rules 33, 36, 37, 55).
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6 August 2024 |
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Court held Order 14A cannot be invoked in originating motion proceedings absent a notice of intention to defend.
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Procedure — Order 14A RSC — preliminary issues — mandatory requirement of notice of intention to defend — originating notice of motion vs writ proceedings — jurisdiction to determine questions of law without full trial — Rent Act matters — remittal.
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2 August 2024 |
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A disciplinary striking-off upheld for the appellant’s failure to account for client funds; Section 68 accountant’s report not mandatory.
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Legal practitioners — disciplinary proceedings — failure to render account of client funds — Sections 52, 53 and 22 Legal Practitioners Act — Section 68 (accountant’s report) not determinative — procedural fairness — suspension pending disciplinary determination — standard of proof for dishonesty — striking off as sanction.
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1 August 2024 |
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Claim dismissed as statute-barred: cause of action accrued in 2011, negotiations did not suspend the limitation period.
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Limitation of actions — accrual of cause of action — statutory six-year period — ex‑curia settlement negotiations do not suspend limitation — once time has expired court lacks jurisdiction.
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1 August 2024 |
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Surety delayed claiming its right to elect remedies under a performance bond; employer lawfully encashed the bond and mitigated losses.
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Performance bond — surety’s contractual options — requirement to act promptly — failure to act amounts to 'sleeping on rights' — estoppel — employer’s right to encash — mitigation of loss by engaging replacement contractor.
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1 August 2024 |
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A niece qualifies as a "near relative" under the Intestate Succession Act and may inherit under Section 7(f).
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Intestate succession — Interpretation of "remoter descendants" — collateral descendants (nieces/nephews) included as "near relatives" under Section 3 and 7(f) — estate assets (shares and personal property) amenable to valuation and distribution — administration costs payable from estate.
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1 August 2024 |
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Leave to appeal refused—proposed grounds raised no point of public law and lacked reasonable prospects of success.
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Land law — bona fide purchaser — actual notice and duty to inquire; Certificate of title — conclusiveness v fraud and impropriety; Compulsory acquisition and emergency powers — procedural requirements; Leave to appeal — point of law of public importance and prospects of success; Court of Appeal jurisdiction on matters not raised below.
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1 August 2024 |
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Leave to appeal refused: no public importance or reasonable prospects regarding authority to charge authorisation fees.
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Leave to appeal — Section 13 Court of Appeal Act — point of law of public importance — reasonable prospects of success — securities regulation — authority to charge authorisation fees — repealed Securities Act and rules — finality of litigation.
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1 August 2024 |
| July 2024 |
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Appeal upheld partly: procedure was followed but charges lacked factual basis; six months' salary awarded.
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Employment law — disciplinary procedure — wrongful dismissal (procedural) — substratum of facts — abuse of office and corruption require personal/monetary/material gain — inadequate evidence — damages awarded.
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31 July 2024 |
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Whether later private allocation of compulsorily acquired land proves the applicant's fraud claim to set aside prior judgments.
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Civil procedure — Setting aside judgment procured by fraud — Requirement of fresh evidence proving conscious dishonesty at time of original trial — Allocation of compulsorily acquired land to private entities after judgments not per se proof of fraud — Lands acquisition; public purpose.
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30 July 2024 |
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Unobjected-to evidence of an exclusion clause in a transport quotation binds the insured and the insurer by subrogation.
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Insurance law — Subrogation — insurer steps into insured’s rights but obtains no greater rights; Contract — incorporation of exclusion clause by quotation/notice and acceptance; Evidence — unpleaded matters admissible if led and not objected to; Carriage law — "owner's risk" exclusion effect on carrier liability.
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26 July 2024 |
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Counterclaim struck out as multiplicity where same parties and issues duplicated earlier proceedings; appeal dismissed and causes consolidated.
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Civil procedure — multiplicity of actions — counterclaim struck out where same parties and same subject matter (Emergency Bail-Out Agreement and debentures) duplicated earlier proceedings; forum shopping disapproved; arbitration/jurisdiction point not determinative here; consolidation ordered.
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26 July 2024 |
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Court of Appeal finds trust deeds valid, appellant owner, respondent must account for rents and profits.
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Trusts — validity and effect of unregistered trust deeds — transmission of shares and capacity to sue — evidentiary weight of certificates of title versus equitable trusts — duty to account for rents and profits — appellate review of interlocutory rulings.
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26 July 2024 |
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Trust deeds held valid; respondent found trustee of three plots and ordered to account for rents and profits.
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Trusts — validity of unregistered trust deeds; Transmission of shares — personal representative’s capacity to sue; Land conveyance — assignments and lands register vs. alleged third‑party purchase; Equity — trustee’s duty to account and remedies for rents and profits; Lands and Deeds Registry Act — certificates of title not dispositive where equitable trust exists.
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26 July 2024 |
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Where a valid arbitration agreement exists, the court must stay proceedings and refer the parties to arbitration, ousting its jurisdiction.
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Arbitration law — validity and construction of arbitration clauses; unilateral/pathological arbitration clauses; Arbitration Act s.10 — duty of court to stay proceedings and refer to arbitration; effect of valid arbitration clause on jurisdiction to determine default judgment; setting aside default judgment rendered otiose where arbitration referral succeeds.
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25 July 2024 |
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E-mail formed a conditional contract (performance contingent on sale of rig); no partnership proven; damages set aside.
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Contract — e-mail as agreement — condition precedent (sale of asset) suspending performance; Partnership — no evidence of partnership; Finding of lien perverse and set aside; Damages not proved; Counterclaims dismissed for lack of evidence.
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25 July 2024 |
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Court may amend proceedings and substitute parties suo motu after a corporate takeover to preserve justice, absent prejudice.
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Civil procedure — locus standi — corporate takeover — substitution of parties; Court’s power to amend proceedings and substitute parties suo motu under High Court Rules (Orders 3, 16, 18); judicial notice of corporate status; prejudice and interests of justice in deciding remedy.
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22 July 2024 |
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A statutory anti‑corruption agency may be a "public prosecutor" and taint of property must be decided on full evidence, not interlocutory review.
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Forfeiture law — public prosecutor — statutory anti‑corruption agency as prosecutor; Forfeiture proceedings — tainted property — merits issue not for interlocutory determination; Civil forfeiture — non‑conviction based — parallel to criminal proceedings; Abuse of process — forum shopping — not established by concurrent civil and criminal actions; Costs — discretionary; parties to bear own costs due to novel issues.
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22 July 2024 |
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Renewed application for leave to appeal filed after 14‑day limit was incompetent and dismissed; costs awarded to respondent.
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Civil procedure — Leave to appeal — Renewed applications to a single judge — Order 10 Rule 2(1) Court of Appeal Rules — 14‑day time limit — Competence and jurisdiction — Failure to seek extension of time — Costs awarded.
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18 July 2024 |
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Non‑registration of a lease does not bar refund of a security deposit where a periodic tenancy exists; deposit cannot satisfy another company's debt.
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Lease law — non‑registration under Lands and Deeds Registry Act — effect on enforceability; Security deposit — entitlement to refund where tenant vacated and premises cleared; Periodic tenancy created by possession and payment of rent despite unregistered lease; Separate legal personality of companies — limits on piercing the corporate veil; Pleadings and appellate practice — new issues not raised at trial generally cannot be raised on appeal; Extempore judgments — appropriate in straightforward cases.
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12 July 2024 |
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The respondent failed to prove the alleged USD183,017.98 debt; judgment entered for admitted USD70,100.98 and balance referred.
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Commercial division — account reconciliation — burden of proof — sufficiency of documentary evidence — appellate review of perverse findings — adjournment discretion and case management — requirements of judgment writing — referral to Registrar for assessment.
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11 July 2024 |
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Appellants' challenge to the Registrar's damages assessment for wrongful execution dismissed for lack of specified errors and evidence.
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Civil procedure — Appeal grounds — Order X r.9(2) Court of Appeal Rules — requirement to specify errors of law or fact; Damages — assessment — burden to prove special and general damages; Wrongful execution — exemplary damages; Appellate review — deference to Registrar's factual findings.
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11 July 2024 |
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Directors may be held personally liable under s175 CIA where company used to deprive a creditor of funds; charging order set aside.
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Company law — Piercing corporate veil — Section 175 Corporate Insolvency Act — Intent to defraud creditors or improper use of corporate form suffices — Fraud not always required — Tracing and constructive trust — Charging orders under Order 50 Rule 1.
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4 July 2024 |
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Employer's failure to conduct mandatory consultation under s.55(2) made redundancies wrongful; 12‑month damages reduced to three months.
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Employment law — Redundancy — Mandatory consultation under clause 22.8(b),(g) and s.55(2) Employment Code Act — failure to consult is a breach and renders redundancy wrongful/unlawful — parties cannot contract out of statutory mandatory procedure — damages may exceed notice period where special factors; appellate reduction of excessive award.
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4 July 2024 |
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Absence of the required digital confirmation/ticket meant the appellant failed to prove a valid lottery entry or entitlement to the jackpot.
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Contract formation — Online lottery entries — requirement of electronic confirmation/ticket — payment confirmation alone insufficient; burden of proof on claimant to prove valid entry; electronic transaction logs and terms prevail.
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4 July 2024 |
| June 2024 |
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Allotment of unissued insurer shares without members’ approval and paid consideration is void ab initio; appeal dismissed.
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Company law — issued versus unissued shares — allotment/subscription of unissued shares — Section 216(1) repealed Companies Act — regulator’s minimum paid‑up capital (SI No.71 of 2015) — requirement for members’ approval and cash consideration — invalid allotment void ab initio — Turquand rule and s.216(5) inapplicable where statutory formalities absent or bad faith — improperly constituted board and void management acts.
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28 June 2024 |
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Arbitral award on statutory discrimination set aside because arbitrator exceeded contractual scope and matter was non-arbitrable.
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Arbitration — scope of submission — jurisdiction of arbitrator; Arbitrability of statutory discrimination claims (Employment Code s.5); public policy and setting aside arbitral awards; pleadings and terms of reference; award exceeding mandate.
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27 June 2024 |
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Composite employee withdrawal notices are permissible, but employers must advise that withdrawal takes effect only after three months; appeal allowed in part.
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Labour law — trade union subscription deductions — withdrawal from deduction agreements — validity of composite notices under s.22(2) — employer’s duty to advise on three-month notice; civil procedure — case management and closure for non-attendance.
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27 June 2024 |
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Failure to serve a mandatory letter of demand invalidated proceedings against that respondent; only that respondent's claim should be dismissed.
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Civil procedure — Originating process and mandatory requirements — Order VI Rule 1(1)(d) High Court Rules — letter of demand — effect of non‑compliance; Order 14A (White Book) — jurisdiction to determine points of law finally; corporate personality — service on one group company not imputed to another; remedy limited to dismissal as against non‑served defendant.
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26 June 2024 |
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Court set aside an irregular late review that barred appellant’s witnesses for non-filing of witness statements.
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Civil procedure — Interlocutory rulings — Review under Order 39 — Review period and requirement to afford parties hearing; Witness statements — Order XIX (as amended by S.I
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No. 58 of 2020) — Mandatory filing vs. court’s discretion to permit testimony; Procedural irregularity — Effect of late, sua sponte alteration of an earlier ruling
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26 June 2024 |
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A written payment-plan signed by the parties estops the appellant from reneging; outstanding terminal benefits award upheld.
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Employment law — terminal benefits and payment-plan agreements — estoppel — admissibility of emails and extrinsic evidence to establish a settlement — failure to prove vehicle transfer as full and final settlement or set-off.
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26 June 2024 |
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Appeal dismissed: duty and breach proven but dependency unproven; award for loss of expectation of life upheld.
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Negligence — statutory duty of care under wildlife legislation — loss of expectation of life — assessment of damages (exchange-rate and precedent considerations) — dependency claims under Fatal Accidents Act — burden and sufficiency of evidence to quantify special damages.
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21 June 2024 |
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Recognition by a known witness and bloodied trousers corroborated identification despite absent DNA, appeal dismissed.
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Criminal law — Identification of accused — Recognition of known person — Corroboration by circumstantial evidence (blood-stained clothing as odd coincidence) — Absence of DNA does not automatically make conviction unsafe.
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21 June 2024 |
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Whether instant mob justice and untested confessions sustain murder convictions or warrant manslaughter substitution.
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Criminal law — Confession evidence — trial must enquire into voluntariness before admission; Mob/instant justice — participation in collective assault may ground manslaughter but not necessarily murder absent common purpose; Cumulative assaults and causation — post‑mortem findings and eyewitnesses support liability.
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21 June 2024 |
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Leave to commence committal proceedings under Order 52 RSC is mandatory, must be ex parte, and absence of such leave divests the court of jurisdiction.
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Civil procedure — Committal for contempt — Order 52 Rule 2 RSC — mandatory ex parte leave — jurisdictional requirement — hearing inter partes unlawful — merits cannot be decided before leave — remittal for fresh ex parte hearing; costs awarded to appellant.
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21 June 2024 |
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A provocation defence fails where the alleged provocative act was committed by a third party, not the deceased, so sentence upheld.
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Criminal law — Murder — Provocation — Failed provocation may be extenuating — Section 206 Penal Code requires provocative act by the person killed — Ownership of weapon and conduct may rebut provocation claim.
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21 June 2024 |