Results.
26 judgments found.
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| December 2010 |
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Plaintiff entitled to possession of purchased company house; licencee-spouse had no right to purchase; mesne profits awarded.
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Property law — sale of company houses to employees — sitting tenant versus licencee; entitlement to purchase only on offer/tenancy agreement; purchaser's right to possession; mesne profits payable for unlawful occupation; conveyance obligation by vendor; costs allocation
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31 December 2010 |
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Appeal dismissed: dismissal for bribery and abuse of office upheld despite procedural complaints about committee composition.
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Administrative law — disciplinary proceedings; natural justice — predetermination and committee overlap; sufficiency of evidence in disciplinary findings; Local Government Act powers; misconduct: bribery and abuse of office; procedural irregularity versus substantive guilt
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31 December 2010 |
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Agreement set aside for duress and lack of consideration; plaintiff ordered to refund US$30,000 to defendant.
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Contract law — duress/blackmail vitiating consent — past consideration — enforceability of separation agreement between cohabitants — restitution and repayment of benefits received under voidable contract
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31 December 2010 |
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The court dismissed the applicant's challenge to the EIA, upholding expert agencies' approvals and finding the minister's suspension void.
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Environmental law — validity of EIA and public participation — scoping defects cured by re-consultation — administrative law — natural justice: ministerial suspension without hearing void — multi-agency approvals intra vires — standing of non-title-holders
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31 December 2010 |
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An equitable mortgagee cannot foreclose or sell land without court order; seizure of non‑leased assets is wrongful.
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Equitable mortgage — does not transfer legal title — mortgagee must obtain court order for foreclosure; lease‑back repossession limited to scheduled items; unlawful seizure/sale of non‑leased assets constitutes conversion; equity of redemption protected
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31 December 2010 |
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Mining company liable for river pollution; regulator not negligent; substantial general and punitive damages awarded to community.
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31 December 2010 |
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Accused convicted of aggravated robbery under s294(1); exhibited toy gun not a firearm so death penalty inapplicable.
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Criminal law — aggravated robbery — identification by victim-family witnesses — false implication risk assessed and removed — offensive weapons versus firearm under Firearms Act — s294(2)(b) death penalty not applicable — conviction under s294(1) as lesser offence permitted under Criminal Procedure Code
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31 December 2010 |
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Attempted murder not proved; conviction substituted to unlawful possession of firearm with intent to endanger life.
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Criminal law — Attempted murder requires proof of actual intent to kill; where intent to kill is not proved court may substitute a lesser cognate offence under s181(2); conviction for unlawful possession of firearm and ammunition with intent to endanger life (s48(1) Firearms Act); identification parade and unexplained missing ammunition as sufficient circumstantial evidence
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31 December 2010 |
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Discovery of spouse in adultery may be provocation, but excessive force defeated reduction to manslaughter; accused convicted of murder.
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Criminal law — Murder — Eyewitness and forensic evidence — Provocation on discovery of spouse in adultery — Excessive force defeats reduction to manslaughter
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31 December 2010 |
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Self-defence accepted where a guard lawfully fired to repel an advancing mob; accused acquitted of murder.
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Criminal law — Murder (Section 200 Penal Code) — Self-defence (Section 17 Penal Code) — Necessity, imminence and proportionality of force — Retreat/disengagement — Use of firearm to repel mob
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31 December 2010 |
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A plaintiff must commence an equitable mortgage action by Originating Summons; wrong procedure warranted dismissal.
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Civil procedure — Mode of commencement — Order 30 Rule 14 — Originating Summons required for equitable mortgage claims; procedural irregularity — point of law may be raised at any stage; dismissal for wrong procedure
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31 December 2010 |
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Court refused interim injunction against regulator exercising statutory powers, requiring corporate/estate procedural cures and expediting the substantive hearing.
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Administrative law — interim relief against statutory regulator — quia timet injunction — restraint of central bank powers — Banking and Financial Services Act — balance of convenience — procedural capacity of corporate plaintiffs and estates to sue.
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29 December 2010 |
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Child complainant’s evidence in defilement cases is generally suspect and requires corroboration; voir dire and medical corroboration are essential.
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Criminal law — Defilement — Child evidence and corroboration; Voir dire under Juveniles Act (s.122) — competence of child witnesses; Medical evidence as corroboration; Identity by neighbourhood acquaintance
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28 December 2010 |
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By‑election nullified: pervasive violence and intimidation prevented a free and fair election, vitiating the result.
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Electoral law — Undue influence, intimidation and violence — Treating (promises as inducement) — Nullification of election where free and fair vote undermined — Role of police and independent monitors — Standard for disenfranchisement.
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15 December 2010 |
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High Court lacked jurisdiction over a Housing Act caveat removal; matter transferred to the Subordinate Court.
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Jurisdiction — Housing (Statutory Improvement Areas) Act — "Court" construed as Subordinate Court — dispute over title — transfer of matter to Subordinate Court under Subordinate Courts Act and High Court Act — removal of caveat
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2 December 2010 |
| October 2010 |
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Interlocutory injunction against the First Lady dismissed for lack of evidence, wrong defendant, and statutory oversight of public funds.
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Public funds — interlocutory injunction — First Lady's use of government facilities — Finance (Control and Management) Act — Auditor General and controlling officers’ roles — absence of irreparable harm — wrong party for injunctive relief.
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14 October 2010 |
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Summary dismissal for uncontested misconduct upheld; Labour Officer’s severance award quashed as unwarranted.
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Employment law — summary dismissal for misconduct; statutory reporting duty (s25) — non‑compliance not fatal where no injustice; role of Labour Officer (s64) as mediator; jurisdiction to award severance (SI 57/2006 reg 12(3)) versus courts’ adjudicatory powers (s65, s70); judicial review grounds (illegality, procedural impropriety, irrationality)
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7 October 2010 |
| September 2010 |
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A defendant may apply at any stage to stay proceedings and refer disputes to arbitration under section 10.
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Arbitration Act s10 — stay and referral to arbitration at any stage; Companies Act s21 — Articles of Association as contract; arbitrability of company disputes; prior procedural steps do not bar s10 referral; pending court action may await arbitral award (s17 consequences).
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8 September 2010 |
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Whether a foreign-resident plaintiff must provide security for costs and what amount is just.
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Civil procedure — Security for costs — Order 40 r.7 and Order 23 r.1 — foreign plaintiff/residence abroad — factors: bona fides, prospects of success, enforceability, delay — quantification of security
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7 September 2010 |
| June 2010 |
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Admissible confession, cautious treatment of juvenile testimony, and circumstantial evidence supported murder convictions.
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Criminal law — Confession: admissibility and weight; Juvenile witness: sworn evidence, warning and suspect nature; Circumstantial evidence: competent basis for conviction; Limits on using one accused's confession to implicate another
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24 June 2010 |
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Confession of adultery may be grave provocation, but disproportionate lethal retaliation defeats the manslaughter defence.
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Criminal law — Murder — Provocation; elements: wrongful act, sudden loss of self‑control, proportional retaliation; objective test; burden on prosecution to negative provocation; adultery/confession as potential grave provocation
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24 June 2010 |
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Weak night-time identification safely reinforced by recent possession and corroborative recovery of stolen property.
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Evidence — identification by single complainant at night — need for caution and corroboration; Recent possession — recovery of stolen property as connecting link; Admissibility of photographs under s.193 Criminal Procedure Code — weight for court to determine
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23 June 2010 |
| May 2010 |
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Court reviewed and reversed a winding-up order due to unauthorized service, failure to advertise and procedural irregularities.
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Companies law — Winding-up — Review of winding-up order under Order 39 — Standing of directors/members; Companies Act s.296(1); Companies (Winding‑up) Rules; Rule 51 — Procedural defects (unauthorised service, failure to advertise, lack of demand) constituting substantial injustice — Relief by review and reversal of winding-up order
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26 May 2010 |
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Appropriateness of originating summons, res judicata requirements, and lawful removal/effect of a land caveat.
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Civil procedure — Commencement of proceedings: writ versus originating summons; statutory instruments cannot override Acts; res judicata requires same parties and cause; Land law — effect and lawful removal of caveats (Lands and Deeds Registry Act ss.76,79,83,87)
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23 May 2010 |
| February 2010 |
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Plaintiff's claims dismissed where payments, credit note and mutual rescission demonstrated; plaintiff failed to prove loss.
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Contract law — subcontractor payment disputes; application of deposit/credit note; mutual rescission by conduct; requirement to plead and not radically depart from pleaded case; burden to prove quantum and damages.
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24 February 2010 |
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A shareholder cannot obtain an interlocutory injunction to restrain receivers enforcing a debenture; the action was procedurally defective and dismissed.
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Company law — separate legal personality; Receivers and managers appointed under a floating charge — power of sale; Interlocutory injunction — American Cyanamid principles (clear right, adequacy of damages, balance of convenience); Shareholder lacks proprietary right in company assets; Procedure — negligence/damages claims against receivers require writ not originating summons.
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16 February 2010 |