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Citation
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Judgment date
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| January 2011 |
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Termination by notice upheld where plaintiffs’ fuel record-keeping errors supported disciplinary action; defendant failed to prove alleged loan debts.
Employment law – unfair/wrongful dismissal – disciplinary procedure and appeal – sufficiency of factual substratum for disciplinary action; proof of alleged loss of company property (fuel); employer’s burden to produce coherent documentary evidence; unpaid terminal benefits and interest.
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27 January 2011 |
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Court pierced the corporate veil and held directors personally liable for company debt for fraudulent conduct obstructing enforcement.
Company law — lifting corporate veil — s.383(1) Companies Act — fraudulent purpose — directors’ personal liability — failure to lodge change of registered office (s.190(2)) — disposal of assets during stay — substitution of parties to enforce judgment.
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16 January 2011 |
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An equitable mortgagee cannot foreclose or sell mortgaged land without a court order; wrongful disposals warrant damages.
Equitable mortgage – does not convey legal title – no power of sale without express appropriation clause or Court order; foreclosure – judicial process required; equity of redemption protected; lease‑back security binds only listed items; wrongful sale attracts damages.
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13 January 2011 |
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Review under Order 39 Rule 1 denied: contested material was not fresh and review is not a second opportunity to relitigate.
Civil procedure – Review under Order 39 Rule 1 – Fresh evidence requirement – Discretionary power to review – Not for relitigation or 'second bite' – Lisulo v Lisulo applied.
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10 January 2011 |
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A court may admit relevant evidence obtained in breach of Article 17; only involuntary confessions are excluded.
Evidence — Illegally obtained evidence — Warrantless search — Constitution (Article 17) — Criminal Procedure Code s.118 — Admissibility — Liswaniso v The People — Exclusionary rule (exception for involuntary confessions).
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6 January 2011 |