Results.
9 judgments found.
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| December 1993 |
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Magistrate erred by conditionally discharging and awarding unlawful compensation where statute prescribed punishment; sentence set aside and replaced.
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Criminal law — Conditional/absolute discharge — Not permissible where statute prescribes punishment; Magistrates’ powers to award compensation limited by statute — unlawful conversion of fine to compensation; Review and substitution of illegal sentence
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31 December 1993 |
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Court increased general damages for false imprisonment to reflect seriousness and inflation; exemplary damages were upheld but must be pleaded.
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Tort — False imprisonment — Assessment of general and exemplary damages — appellate restraint on interference; exemplary damages awardable for contumelious conduct but must be specifically pleaded; special damages require specific pleading; inflation considered in assessing awards
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1 December 1993 |
| November 1993 |
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A unilateral resignation accepted by the employer conclusively terminates employment; unsupported trial evidence of duress cannot supplant the pleaded case.
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Employment law — resignation — unilateral resignation accepted by employer conclusively terminates employment — pleaded case versus evidence — duress pleaded at trial as radical departure from pleaded withdrawal — remedy damages in lieu of notice.
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26 November 1993 |
| August 1993 |
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A registered proprietor's title cannot be set aside absent proof of fraud; injunction granted to protect possession.
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Land law — conversion of reserve/trust land to state land — compliance with Land Circular No.1 of 1985 — certificate of title — alleged fraud — setting aside title — trespass — proof and quantification of damages — entitlement to permanent injunction for quiet possession.
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30 August 1993 |
| June 1993 |
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Interest may be awarded after judicial consideration in default-judgment cases, but the rate and computation must be evidenced and reassessed.
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Damages — Interest — Award in default-judgment proceedings; meaning of "tried" includes judicial consideration; interest must be based on evidence; account for post-judgment/payments when assessing interest
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8 June 1993 |
| April 1993 |
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The applicant charged with murder was granted bail due to health, reliable sureties, and low flight risk.
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Bail — murder charge — discretionary exercise — factors: nature of accusation; evidence; independence of sureties; prejudice to accused; prejudice to State — health and special circumstances may justify bail
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14 April 1993 |
| March 1993 |
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A detainee under the Immigration and Deportation Act may apply for and be granted bail; court applied the usual bail test and granted it.
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Immigration law — detention under Immigration and Deportation Act — s.36(3) treats detainee as awaiting trial — entitlement to apply for bail — bail test and considerations — special circumstances
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30 March 1993 |
| February 1993 |
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Specific performance granted where purchaser took possession and vendor failed to obtain required State Consent.
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Contract law — Specific performance — Part performance (possession) — Statute of Frauds — State Consent to assign — Vendor’s duty to obtain consent — Effect of non-registration of agreement
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23 February 1993 |
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Director’s signature may bind the company when evidence shows he acted for the company; specific performance granted.
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Company law — corporate personality acts through directors; agency and estoppel by conduct and correspondence
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Contract law — specific performance of land sale; adequacy of damages and discretion to refuse or grant equitable relief
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18 February 1993 |