Results.
13 judgments found.
|
|
|
| October 1982 |
|
|
Declaratory relief denied where pleadings were unsupported by evidence and the car had been sold to an innocent third party.
-
Civil procedure — Declaratory relief discretionary; Pleadings must give fair notice; Variance between pleadings and evidence fatal; Inequity of declaring ownership where innocent third party purchased; Alternative remedy (breach of contract/specific performance)
|
14 October 1982 |
|
Improperly executed assignment produced no title; provisional certificates can be cancelled in favor of a better title, nullifying subsequent assignment and mortgage.
-
Land law — Deeds and documents — Improper execution of assignment — Nullity and consequences; Provisional certificate of title — subject to claim of better title; Bona fide purchaser and indefeasibility; Mortgage given by person without title — void
|
13 October 1982 |
| August 1982 |
|
|
High Court may issue prohibition and mandamus in pending magistrates' criminal proceedings, discretion depending on jurisdictional excesses.
-
Judicial review — Prohibition and mandamus — High Court jurisdiction to restrain subordinate courts in criminal matters — Availability before lower court decision — Discretionary relief — Compliance with Order 53
|
19 August 1982 |
|
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.
|
4 August 1982 |
|
Whether a chief may lawfully arrest and detain the applicant without a warrant to prevent affray and preserve public peace.
-
Chiefs Act s.11 — powers to preserve public peace; Penal Code s.88 — affray; reasonable measures by chiefs; warrantless arrest and temporary detention lawful to prevent disorder
|
3 August 1982 |
| July 1982 |
|
|
Notice that a former credit controller’s representations would not be honoured was not defamatory; justification defence established.
-
Defamation (libel) — meaning assessed with circumstances of publication — nature of plaintiff’s work relevant; Defence of justification — complete defence if defamatory imputation is proved true in substance and fact; Employer’s right to protect customers by public notice
|
28 July 1982 |
| June 1982 |
|
|
The applicant cannot sue to enforce a contract made in contravention of the Exchange Control Act.
-
Contract law — Illegality — Agreement to evade Exchange Control Act — ex turpi causa non oritur actio — Illegal foreign-exchange transactions unenforceable; garnishee relief refused
|
3 June 1982 |
| February 1982 |
|
|
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).
|
26 February 1982 |
|
A High Court judge cannot reopen a matter finally decided by another judge of equal jurisdiction; res judicata bars successive applications.
-
Civil procedure — Jurisdiction of judges of equal status — Successive applications and res judicata — Plea of pardon (Art.20(6)) — Characterisation as criminal or civil irrelevant where same facts
|
25 February 1982 |
|
The High Court cannot revise an acquittal; acquittal does not bar administrative discipline of a public servant.
-
Criminal procedure — Revision — High Court powers under s.338 — No revision after acquittal; Public service discipline — Acquittal does not bar administrative action
|
4 February 1982 |
|
An appeal abandoned under a fundamental mistake may be treated as a nullity and restored to serve justice.
-
Civil procedure — Abandoned appeal — Restoration where abandonment induced by fundamental mistake; functus officio and absence of High Court rule; Supreme Court Rule 33 (persuasive)
|
1 February 1982 |
| January 1982 |
|
|
Lending a firearm to an unlicensed person, without negligence, does not constitute 'failing to secure' under s.38.
-
Firearms Act, s.38(1),(3) — 'Failing to secure' as negligent custody — Lending to unlicensed person not per se an offence — Interpretation of negligence element
|
28 January 1982 |
|
A Senior State Advocate may, as legal representative, file and argue an appeal on behalf of the Director of Public Prosecutions without specific written delegation.
-
Criminal procedure — Appeal — Right of Director of Public Prosecutions to appeal — Representation by legal practitioner — s.321A(1) Criminal Procedure Code — s.82 delegation pertains to prosecutorial powers — Constitution Art.58(3)
|
27 January 1982 |