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Citation
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Judgment date
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| September 2012 |
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Forfeiture of third‑party property requires evidence of ownership or complicity; without it, forfeiture is unlawful.
Criminal law — Forfeiture of property under ZAWA Act s.139 — Limits on forfeiture where third party claims legal ownership — Need for evidence before inferring third‑party complicity — Right to be heard and State’s stance on forfeiture.
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30 September 2012 |
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Whether eyewitness identification, parade procedures and recovered sim-card evidence proved the accused’s liability for multiple aggravated robberies.
Criminal law – aggravated robbery and assault – eyewitness identification – identification parade – reliability of identification; circumstantial recovery of sim-card evidence linking stolen phones; credibility and weight of victim testimony regarding perceived police identity and weapons.
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27 September 2012 |
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Two accused convicted of murder by strangulation with extenuating circumstances; a third acquitted for non-participation.
Criminal law – Murder – Elements: death, unlawful act, malice aforethought, causation – Strangulation established by post-mortem – Corroboration of detainee witness – Suicide vs homicide – Acquittal of non-participating co-accused.
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16 September 2012 |
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Whether a landlord may terminate tenancy or raise rent for "change of use" without complying with the Rent Act.
Rent Act – statutory tenants – notice to terminate – change of use not a ground under Rent Act – notice void ab initio; landlord’s repair obligations; determination of Standard Rent by Registered Valuation Surveyor under statutory formula; interim continuation of existing rent; valuation procedure and effective date.
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11 September 2012 |
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Admission to police of negligence is admissible, but an insurer’s stated assessed amount in defence is not an admission for judgment on admission.
Evidence – Admissibility of admissions of negligence given to police in civil proceedings; Civil procedure – Whether insurer's stated assessed amount in defence constitutes admission for judgment on admission; Insurance law – Principle of indemnity and measurement of motor vehicle loss.
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10 September 2012 |
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Court ordered valuation of sold matrimonial assets, awarded compensation and one-third of the farm to the respondent.
Family law – distribution of matrimonial property on divorce – beneficial interest in assets acquired during marriage – valuation of assets sold prior to distribution – fictitious gifts to children – assessment and lump-sum compensation – Matrimonial Causes Act s.55 (formerly s.24).
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4 September 2012 |