Results.
11 judgments found.
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| December 1979 |
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A fair and substantially accurate newspaper report of court documents read in open court is absolutely privileged; publication before proceedings is not "contemporaneous."
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Defamation — privilege — s.8 Defamation Act — "contemporaneously" means at or near the same time — judicial proceedings = public court proceedings — fair and accurate reports of documents read in open court (or proceedings) absolutely privileged; pleadings/affidavits not brought up in open court generally not privileged
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9 December 1979 |
| November 1979 |
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Default judgment set aside where appearance was timely before entry and service was not at the respondent's registered office.
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Civil procedure — Default judgment — Effective date of judgment is date pronounced/signed and entered; service on a limited company must be at its registered office; improper entry or service renders default judgment irregular
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22 November 1979 |
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Single-witness identification, corroborated by possession of stolen property, sufficed to convict the accused.
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[Identification evidence — personal identification adequacy; Single-witness ID — risk of honest mistake; Burden of proof — prosecution must prove identity; Corroboration — possession of stolen property; Alibi — duty to investigate and negative unsubstantiated alibi]
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22 November 1979 |
| September 1979 |
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A returning officer must supervise the count; recounts are interlocutory and non‑compliance voids election only if it affected the result.
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Election law — Conduct of count — Returning officer’s duty to supervise and proceed continuously; Recount v scrutiny — Act provides for scrutiny, not recount; common‑law interlocutory right to recount; Functus officio on declaration; Corrupt practice — gift allegation not proved.
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14 September 1979 |
| February 1979 |
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The plaintiff’s arrest lacked reasonable suspicion; police misuse of bond for investigative attendance condemned; K750 awarded.
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Criminal procedure — arrest — reasonable suspicion required at time of arrest; police may not arrest merely to make inquiries; misuse of police bond to secure attendance for investigations improper; search by consent — no trespass; damages for false imprisonment
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22 February 1979 |
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A stay is required before transfer; setting aside default judgment demands a bona fide application showing a triable defence.
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Civil procedure — Transfer of cause from subordinate court to High Court — Stay of subordinate proceedings required before transfer application; discretion to transfer; setting aside default judgment requires bona fide application and triable defence
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22 February 1979 |
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Class II magistrate may impose consecutive sentences exceeding three years; High Court confirmation required for portions over one year.
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Criminal law — Sentencing — Magistrate Class II jurisdiction — Consecutive versus concurrent sentences and aggregate totals — High Court confirmation for sentence portions exceeding one year — Criminal Procedure Code ss.7(iv), 9(3), 217(1), (2)
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19 February 1979 |
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A deputy registrar’s assessment made on a judge’s referral is the judge’s decision; appeal must proceed to a higher court.
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Civil procedure — Appeals — Jurisdiction — Assessment of damages by deputy registrar on judge’s referral — Such decision treated as judge’s decision; appeal lies to higher court; reliance on English practice where local rule is silent
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11 February 1979 |
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High Court may hear election petitions challenging primary-election illegal practices; petitions must be filed within thirty days.
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Election law — Primary elections — Illegal or corrupt practices — Interpretation of Electoral Act s.17(5) — High Court jurisdiction under Constitution art.77 — Time limit for petitions s.20(3)/(4)
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4 February 1979 |
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If no offence is proved, an exhibit should ordinarily be returned to the person from whose possession it was taken.
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Criminal procedure — Disposal of exhibits (s. 355) — "Person who appears to be entitled" need not be owner — Return to person from whose possession exhibit taken where no offence proved — Bona fide purchaser entitled; civil remedies for payment disputes
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1 February 1979 |
| January 1979 |
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Court asserts jurisdiction over a child taken abroad and grants husband legal custody without prejudice to care and control.
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Family law — Custody — Jurisdiction to make orders where child born in jurisdiction but removed abroad — Legal custody granted to place party on equal footing in foreign proceedings — Orders without prejudice to care and control
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23 January 1979 |