Results.
5 judgments found.
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| January 2011 |
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Termination by notice was lawful where plaintiffs' fuel records showed omissions and discrepancies; defendant failed to prove alleged loan debts.
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Employment law — dismissal for cause — record‑keeping failures and discrepancies between filling‑station and garage records — sufficiency of substratum of fact to support disciplinary measures — burden on employee to prove unfair/wrongful dismissal; employer failed to prove alleged outstanding loans
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27 January 2011 |
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Directors who knowingly carry on company business for a fraudulent purpose can be held personally liable and substituted as parties.
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Company law — Piercing the corporate veil — Section 383(1) Companies Act — Fraudulent purpose — Failure to notify change of registered office (s190(2)) — Sale of assets to frustrate execution — Substitution of parties and personal liability of directors
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16 January 2011 |
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An equitable mortgage creates only an equitable charge; the respondent must obtain a court order before foreclosing or selling mortgaged land.
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Land law — Equitable mortgage — equitable charge only, does not convey legal title — no inherent power of sale — foreclosure requires court order; Lease-back — repossession limited to scheduled assets; equity of redemption protected
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13 January 2011 |
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Review of divorce custody and property ruling dismissed for lack of fresh evidence and impermissible relitigation.
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Civil procedure — Review under Order 39 Rule 1 — Fresh evidence requirement — Lisulo v
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Lisulo — Finality of litigation — Custody and property adjustment
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10 January 2011 |
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Illegally obtained but relevant evidence (except involuntary confessions) is admissible despite constitutional breach.
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Constitutional and evidence law — admissibility of evidence obtained by illegal/warrantless searches — Article 17 (right to privacy) and s.118 Criminal Procedure Code — Liswaniso v The People followed; exception for involuntary confessions
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6 January 2011 |