Results.
6 judgments found.
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| September 2012 |
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Forfeiture of a third party’s vehicle set aside where no evidence showed owner’s involvement and owner was not convicted.
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Criminal law — Forfeiture of property — ZAWA Act s139 — Forfeiture against third-party owners — Requirement of evidence of involvement before forfeiture — Right to be heard
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30 September 2012 |
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Whether eyewitness identifications and recovered phone evidence sufficiently prove the accused’s guilt on multiple aggravated robbery and assault charges.
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Criminal law — Aggravated robbery and aggravated assault — Identity and reliability of eyewitness identification — Identification parade procedure — Corroboration by recovery of stolen phone/sim card — Burden of proof beyond reasonable doubt
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27 September 2012 |
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Court convicted two accused of murder by strangulation; third accused acquitted; detained witness corroborated by postmortem.
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Criminal law — Murder — Strangulation established by postmortem — Corroboration of detained eyewitness — Inference of malice aforethought — Suicide alternative rejected — Conviction with extenuating circumstances
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16 September 2012 |
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Court held landlord’s change-of-use notice void; tenants remain statutory tenants, repairs ordered and Standard Rent to be determined by a surveyor.
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Rent Act — statutory tenants — validity of termination notice during pending proceedings — change of use not a ground for possession — obligation to carry out repairs — suspension of rent increase pending repairs — determination of Standard Rent by registered valuation surveyor under statutory formula
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11 September 2012 |
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A police admission of careless driving can be admissible as negligence, but an insurer’s pleaded valuation may be only a traverse.
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Civil evidence — admissibility of police admission of guilt as admission of negligence; Insurance law — indemnity principle; Pleadings — distinction between traverse and admission; Judgment on admission — availability where unequivocal admission exists
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10 September 2012 |
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Court ordered valuation of sold matrimonial assets and the farm, awarding the respondent compensation and one-third of farm value.
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Matrimonial property — beneficial interest in assets acquired during marriage — valuation of properties sold prior to distribution — sham gifts to children — property adjustment powers under Matrimonial Causes Act (s.55) — appellate review of factual findings
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4 September 2012 |