Results.
6 judgments found.
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| June 2012 |
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Petitioner failed to prove corrupt or illegal practices; respondent’s election upheld and petition dismissed.
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Election law — corrupt and illegal practices — ferrying voters; bribery/inducement — gifts, food and bicycles; voter intimidation — collection of NRC/voter card details and threats; hearsay and corroboration; standard of proof in election petitions higher than balance of probabilities; public philanthropic donations outside campaign window not necessarily bribery
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28 June 2012 |
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Whether a procurement award letter constituted a binding contract under the Public Procurement Act and whether specific performance was available.
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Public Procurement Act — formation of contract — whether letter of award constitutes binding contract — requirement for formal written contract — partial performance — specific performance inappropriate
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28 June 2012 |
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Written sale documents governed the transaction; plaintiff failed to prove misrepresentation or fraud and cannot upset registered title.
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Contract law — parole evidence rule — written contract and deed of assignment construed as sale; misrepresentation and fraud not proved; registered title protected under Lands and Deeds Registry Act absent proven fraud
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24 June 2012 |
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A tentative higher offer does not justify staying a bona fide mortgagee sale near its valuation.
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Mortgagee power of sale — bona fide exercise — valuation and advertising — forced-sale versus market value — opening a foreclosure — stay of sale — equitable right of redemption — necessity of firm offer and prompt application.
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20 June 2012 |
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Receiver lawfully sold mortgaged land; sale not set aside and guarantor liable for outstanding loan balance.
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Receivership and mortgagee powers — power of sale — no obligation to sell machinery before land — duties to obtain reasonable price — guarantor liability for shortfall
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14 June 2012 |
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Statutory tenants protected from eviction pending Rent Act determination, but arrears must be paid or injunction lapses.
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Rent Act — statutory tenants on change of ownership — interim injunctions to restrain eviction under Rent Act — relevance of irreparable injury and balance of convenience in statutory matters — effect of tenants' rent arrears and 'clean hands' on interlocutory relief
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13 June 2012 |