Results.
13 judgments found.
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| November 1992 |
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Whether constitutional protections against sex discrimination bind private entities and invalidate a hotel's exclusionary entry policy.
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Constitutional law — applicability of fundamental rights to private persons and corporations — sex discrimination by private entity — definition of 'law' under Constitution — breaches of articles 21 and 22 — judicial notice of ratified international treaties (CEDAW, African Charter); Bangalore Principles persuasive only.
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4 November 1992 |
| October 1992 |
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A commission may make procedural election rules but cannot add substantive candidate qualifications absent enabling Act.
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Administrative law — Local government elections — scope of Commission’s regulatory power — procedure versus substantive law — statutory instrument imposing educational qualification for candidates held ultra vires and void
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14 October 1992 |
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The respondent commission cannot impose substantive candidacy qualifications; the applicant’s challenge to the Grade VII requirement succeeds.
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Administrative law — delegated legislation — Local Government Election Commission’s power limited to procedure not substantive law; statutory instrument inconsistent with enabling Act is ultra vires and void; qualifications for candidacy prescribed by ss.16–17 of the Local Government Elections Act; procedural v. substantive regulation
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13 October 1992 |
| September 1992 |
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Whether the correspondence formed a concluded sale and whether the applicant qualified under ZIMCO vehicle-sale conditions.
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Contract law — Offer and acceptance — Preliminary negotiations versus firm offer — Specific performance — ZIMCO Conditions of Service — Eligibility to purchase personal-to-holder vehicle
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3 September 1992 |
| August 1992 |
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Minister’s post‑transfer removal was unlawful after Local Government Act took effect; failure to redeploy amounted to maladministration.
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Local government — Staff management — Ministerial power under s.97(3) Local Administration (Amendment) Act 1986 to coordinate transfers — effect of Local Government Act 1991 (from 10 December 1991) vesting staff powers in Councils and Local Government Service Commission — ministerial removal after Act in force ultra vires — requirement to redeploy outgoing officer — maladministration
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28 August 1992 |
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Minister’s removal of a council official without redeployment arrangements was ultra vires and constituted maladministration.
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Local government — Ministerial powers over council staff — Transfer and promotion under pre-1991 law — Effect of Local Government Act 1991 transferring staff powers to councils and Local Government Service Commission — Ultra vires removal — Maladministration — Injunction and damages assessment
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27 August 1992 |
| July 1992 |
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Marriage between blood cousins is void ab initio regardless of non-consummation.
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Nullification of marriage — Prohibited degrees of consanguinity — Marriage between blood cousins void ab initio; Non-consummation — distinct ground (voidable) but unnecessary where prohibited consanguinity applies; s.41(1)(a) declaration — no children of the family
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14 July 1992 |
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A marriage within the prohibited degree of consanguinity is void ab initio; non-consummation does not affect its nullity.
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Family law — Nullity — Marriage within prohibited degree of consanguinity — Void ab initio — Non-consummation immaterial
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13 July 1992 |
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Acquittal where prosecution failed to prove common design for armed robbery and specific intent for attempted murder.
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Criminal law — Aggravated robbery s.294 — use of firearm and burden under s.294(2); Common intention (s.22) — necessity of proving concert to use violence to steal; Attempted murder s.215 — requirement of specific intent to kill; insufficiency of evidence where shooting may be accidental or reckless
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10 July 1992 |
| March 1992 |
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Police may cancel bonds on grounds, but courts must inquire into cancellations and may grant or enlarge bail; bonds do not automatically cease.
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Criminal law — Bail — Police (bail) bond — Cancellation by police — Duty of court to inquire into cancellations — Police bond does not automatically cease on court appearance — Magistrate power to enlarge bond — Ultra vires departmental circular
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31 March 1992 |
| February 1992 |
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Defamatory imputations were not justified but were protected by qualified privilege due to duty-interest reciprocity.
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Defamation — Libel — Imputations of tribalism, nepotism and corruption — Plea of justification — Qualified privilege where communicator has a duty and recipient a corresponding interest — Reciprocity of purpose — Malice/aggravation considered
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28 February 1992 |
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Whether qualified privilege protects the respondents who accused the applicant of tribalism and nepotism in official letters.
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Defamation — Libel — Imputations of tribalism, nepotism and corruption — Defence of justification (truth) — Qualified privilege — Duty and reciprocal interest in official communications
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27 February 1992 |
| January 1992 |
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Pursuit, threats and prior motive established malice aforethought and common design; provocation may mitigate sentence.
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Criminal law — Murder — Common design and malice aforethought — Role of prior motive and concerted pursuit; Sentencing — Deceased's provocation as extenuating circumstance under s.201(1), Act 3 of 1990
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26 January 1992 |