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Citation
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Judgment date
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| October 1982 |
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Declaration denied where pleadings lacked evidential support and the car had been sold to an innocent third party.
Civil procedure – Declaratory relief discretionary; pleadings must give fair notice and be supported by evidence; material variance between pleadings and evidence invalidates the case; injunctions ineffective if subject matter sold to innocent third party; alternative remedy – breach of contract/specific performance.
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14 October 1982 |
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Improperly executed assignment produced no title; provisional certificates defeasible and subsequent assignment and mortgage were void.
Land law – Deeds and documents – Improper execution of deed of assignment – Nullity and invalid registration; Provisional certificate of title – defeasible by claim of better title (Lands and Deeds Registry Act s.32); Assignment and mortgage by person without title – void ab initio; Remedies – cancellation of provisional certificates, rectification, mesne profits, compensation for improvements.
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13 October 1982 |
| August 1982 |
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High Court may grant prohibition or mandamus in criminal proceedings where a subordinate court acts beyond its jurisdiction.
Judicial review remedies — Prohibition and mandamus against subordinate courts in criminal proceedings — High Court jurisdiction and discretion — Prohibition may be sought before decision — Remedy depends on excess of jurisdiction, not nature of proceedings.
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19 August 1982 |
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Chief’s statutory power to preserve peace justified reasonable handcuffing and overnight detention for affray; claim dismissed.
Chiefs Act s.11 — power to preserve public peace; reasonable measures to quell riot/affray; Penal Code s.88 — affray; lawfulness of arrest, handcuffing and customary overnight detention at chief’s palace.
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4 August 1982 |
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A chief’s s.11 powers justified handcuffing and temporary detention for affray; unlawful detention claim dismissed.
Chiefs Act s.11 — powers to preserve public peace; reasonable measures to quell riot, affray or similar disorder; Penal Code s.88 — affray; lawful temporary detention by traditional authority; claim for unlawful detention dismissed.
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3 August 1982 |
| July 1982 |
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Respondent's notice that the applicant no longer represented the company was not defamatory and was justified.
Defamation (libel) – contextual meaning of published words – nature of former employment affecting defamatory meaning – defence of justification requires proof of truth in substance and fact – employer entitled to protect customers by notice where former employee made representations and used company-named cheque.
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28 July 1982 |
| June 1982 |
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Applicant cannot recover under a contract illegal under the Exchange Control Act.
Contract law – Illegality – ex turpi causa non oritur actio – Agreement contravening Exchange Control Act unenforceable – Agreement void ab initio – Court’s inherent power to set aside default judgment and strike out action – Public policy and foreign exchange regulations.
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3 June 1982 |
| February 1982 |
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A High Court judge lacks jurisdiction to reopen a final decision by an equal court; res judicata bars successive applications.
Civil procedure — Jurisdiction — High Court judge cannot reopen or reconsider a matter finally determined by another judge of equal jurisdiction; res judicata bars successive applications even if matter is later raised as a constitutional petition (Arts. 20(6) and 29).
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26 February 1982 |
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A High Court judge cannot reopen a plea finally decided by another judge of equal jurisdiction; res judicata bars the petition.
Constitutional remedies – Article 20(6) (pardon) – Civil procedure – Jurisdiction of judges of equal High Court jurisdiction – Reopening decided matters; Res judicata; High Court Act s.4; Protection of Fundamental Rights procedure.
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25 February 1982 |
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High Court cannot exercise statutory revision powers to overturn a subordinate court acquittal; administrative discipline remains available.
Criminal procedure — Revision jurisdiction — s.338 Criminal Procedure Code — Whether High Court may revise subordinate court acquittal; Administrative action — Lawfulness of disciplining public servant after acquittal.
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4 February 1982 |
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An appeal abandoned under a fundamental mistake may be restored if the abandonment is shown to be a nullity.
Civil procedure - Abandoned appeal - Restoration where abandonment made under fundamental mistake; Appeal against costs distinguished from appeal against acquittal; Inherent judicial power; Supreme Court Rule 33 referenced.
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1 February 1982 |
| January 1982 |
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Lending a firearm to an unlicensed person, without negligence, does not constitute 'failing to secure' under s.38(1),(3).
Firearms Act s.38(1),(3) – meaning of 'secure custody' – negligence element required – lending to unlicensed person not per se an offence – R v Manzete considered.
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28 January 1982 |
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Senior State Advocate may file and argue DPP's appeal without specific delegation.
Criminal procedure — Right of appeal by Director of Public Prosecutions — Delegation of prosecutorial powers (s.82) versus exercise of right to appeal (s.321A(1)); representation by legal practitioner (Constitution Art.58(3)).
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27 January 1982 |