Results.
11 judgments found.
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| January 2012 |
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Court ordered a foreign plaintiff to pay security for costs and stayed further applications until payment.
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Civil procedure — Security for costs — Plaintiff ordinarily resident out of jurisdiction (foreign company) — Court's discretionary power to order security and stay further proceedings pending payment
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30 January 2012 |
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Recent possession, a voluntary caution statement and real evidence supported convictions for murder and aggravated robbery.
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Criminal law — Murder (malice aforethought) — Aggravated robbery — Recent possession doctrine — Admissibility of warn-and-caution statement — Failure to tender fingerprint results — Risk of false implication
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29 January 2012 |
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Although several localized corrupt practices were proved, they did not prevent a majority of voters; the election is upheld.
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Election law — election petition standard of proof (higher than balance of probabilities); corrupt/illegal practices — voter treating, donations as inducement; abuse of public resources; ferrying voters; collection of voters' cards; ballot-paper accounting irregularity; section 93(2)(a) majority threshold for nullification.
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27 January 2012 |
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Contract formed by conduct and estoppel required repayment of withheld fees; counterclaim limited to contractual US$1,000.
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Contract formation by conduct; estoppel; set-off for alleged thefts; vicarious liability of security contractor for employee negligence; contractual limitation of liability
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26 January 2012 |
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Petitioner failed to prove bribery, malicious statements, or electoral commission malpractice; election petition dismissed with costs.
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Electoral law — election petition — allegations of bribery and illegal practices — government donations versus candidate bribery — publication of false statements — heightened standard of proof in election petitions — lack of particularisation and failure to prove EC malpractices
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19 January 2012 |
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Whether a contract formed by conduct bound the defendant and precluded unilateral set-off for alleged thefts.
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Contract formation by conduct; estoppel; formation despite unsigned standard contract; prohibition of unilateral set-off; burden of proof for negligence and unpaid invoices; assessment of disputed deductions; interest and costs
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19 January 2012 |
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Eyewitness identification and a post‑mortem proved murder; honest mistake and false implication were excluded.
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Criminal law — murder — identification evidence and identification parade — evaluation of eyewitness reliability — exclusion of honest mistake and false implication — malice aforethought established by intention to avoid apprehension and risk of grievous bodily harm
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19 January 2012 |
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Prosecution proved beyond reasonable doubt that the accused unlawfully struck and killed the victim; convicted of murder.
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Criminal law — Murder — Elements: causation, unlawful act, malice aforethought — Single eyewitness identification — Post-mortem evidence (skull fracture, subdural hemorrhage) — Burden of proof beyond reasonable doubt
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19 January 2012 |
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Court refused to set aside a trial held in the applicant's absence, prioritising finality and prejudice over counsel's negligence.
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Civil procedure — setting aside judgment obtained in absentia — Order 35 Supreme Court Rules — extension of time under Order 3 — High Court Rules Order 3 Rule 2 — delay and finality of litigation — professional negligence of counsel is not a sufficient ground to reopen trial
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12 January 2012 |
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Mandatory injunction refused where applicant failed to meet the high threshold and substantive disputes made damages an adequate remedy.
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Civil procedure — Mandatory interlocutory injunction — Exceptional remedy requiring unusually strong case and high degree of assurance of success — Risk of injustice test — Adequacy of damages — Claim of lien as justification for detention
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12 January 2012 |
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Conviction for violent rape upheld: reliable identification and corroborative medical and circumstantial evidence supported a 25‑year sentence.
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Criminal law — rape — corroboration and identification — victim’s immediate condition, torn/blood‑stained clothing, medical findings and prompt identification as corroborative evidence — sentencing under amended Penal Code with statutory minimum
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9 January 2012 |