Results.
15 judgments found.
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| August 2011 |
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A forfeiture-on-default arrangement amounted to a sale, not an equitable mortgage, so the mortgage action was misconceived.
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Real property — Equitable mortgage v forfeiture/sale — Deposit of title deeds providing forfeiture on default amounts to sale not mortgage; Mortgage remedies (foreclosure/redemption) inapplicable; Originating summons improperly used for non-mortgage dispute; Allegation of duress requires proof; Registered assignment enforceable on its face
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30 August 2011 |
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Court corrected an accidental omission to include the correctly described mortgaged property and allowed post-judgment amendment of pleadings.
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Civil procedure — review for accidental slip or omission — Order 39 High Court Act; Amendment of pleadings after judgment — Order 20 r.8(9) (White Book) — Misdescription of mortgaged property — Joinder of parties must be before judgment
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28 August 2011 |
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Prosecution failed to prove identity or link evidence sufficiently; court found no case to answer and acquitted the accused.
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Criminal law — vandalism and theft — identity of perpetrator — adequacy of prosecution evidence; confessions — circumstances of making and admissibility; evidence of leading police to scene; connection of scrap-sale evidence to alleged theft; no case to answer (Mwewa Munoro)
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28 August 2011 |
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Accused convicted of aggravated robbery where prosecution proved armed joint attack, use/threat of violence and common intention.
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Criminal law — Aggravated robbery — elements: armed attack, use or threat of violence and theft — identification and mistaken identity — joint liability/common intention (s21) — non-recovery of stolen property irrelevant where participation proved
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25 August 2011 |
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Accused convicted of murder; post-mortem and dying declarations corroborated child witness; no dereliction in forensic or medical evidence procedures.
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Criminal law — Murder: elements — causation, unlawful act, malice aforethought; Evidence — medical report under s191A, need to call pathologist; Forensics — fingerprint uplift and dereliction of duty; Evidence of child witnesses — corroboration; Res gestae and dying declarations as corroborative evidence; Provocation and reduction to manslaughter
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24 August 2011 |
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An appeals board need not apply strict court evidence rules; dismissal upheld for bribery and abuse of office.
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Administrative law — Local Government Appeals Board; standard of evidence in administrative tribunals; natural justice and bias; predetermination; disciplinary dismissal for bribery/abuse of office; illegal land allocation
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23 August 2011 |
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Interim injunction granted where defendants’ defences of justification and fair comment lacked realistic prospects.
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Defamation — Interim injunction — rule against prior restraint — American Cynamid principles; Bonnard v Perryman — defences of justification and fair comment require sufficient particulars and factual basis; injunction refused only where those defences have realistic prospects of success
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22 August 2011 |
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The plaintiff’s fatal‑accident claim was held statute‑barred because the original writ was not validly served or timely renewed.
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Limitation of actions — Fatal Accidents Act — three‑year limitation; validity and renewal of writs — service within 12 months; late renewal ineffective; negotiations do not suspend limitation; registry cause‑number errors not curative
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17 August 2011 |
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Neighbour identification and post-mortem evidence established malice aforethought and supported a murder conviction.
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Criminal law — Murder — Identification evidence by neighbours — Malice aforethought inferred from words and conduct — Post-mortem establishing causation — Proof beyond reasonable doubt
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17 August 2011 |
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Sentences for offences forming a course of conduct should run concurrently; similarity can suffice even if offences are temporally separated.
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Sentencing — concurrent vs consecutive terms — course of conduct principle — temporal proximity and similarity of offences — obtaining money by false pretences (Penal Code s.309(a)) — prior convictions considered but not a substitute for correct sentencing principle
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17 August 2011 |
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High Court may hear pre‑nomination presidential eligibility claims, but action dismissed for denying affected aspirant a hearing.
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Constitutional and electoral law — Pre-nomination challenges to presidential eligibility — High Court jurisdiction vs
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Supreme Court exclusive post‑election jurisdiction — Capacity of Electoral Commission to be sued — Presidential immunity not extending to personal qualification — Audi alteram partem requirement
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8 August 2011 |
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Transferee failed to offer statutory share-allotment option and disclose purchase price; court varied compulsory acquisition terms.
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Company law — compulsory acquisition under s.237 — statutory option for allotment of transferee shares or cash at holders’ option — interpretation of s.237(1)(b); Takeovers law — Clause 58(1) valuation requirement; duty to disclose consideration; court power to vary compulsory acquisition terms under s.237(4)
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4 August 2011 |
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Court granted a limited interlocutory injunction restraining publications alleging the applicant’s involvement with or advocacy of homosexuality.
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Defamation — interlocutory injunction; Bonnard v Perryman principle; justification and fair comment defences; malice; Reynolds responsible journalism; freedom of expression vs protection of reputation; election-context irreparable harm
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4 August 2011 |
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A purchaser with constructive notice of an occupying spouse’s equitable interest takes subject to that interest.
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Land law — matrimonial/equitable interests in family home — purchaser’s constructive notice of occupying spouse’s interest — authority of spouse to sell — Statute of Frauds (s.4) compliance
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2 August 2011 |
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Court granted interim injunction restraining broadcast and distribution of allegedly defamatory election‑period programmes; defences unlikely to succeed.
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Defamation — Interim injunction — Public figure and political broadcasts — Justification, fair comment and Reynolds qualified privilege — Responsible journalism and verification — Election-period reputational harm — Restraint on broadcast and commercial distribution pending trial
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1 August 2011 |