Results.
39 judgments found.
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| December 2017 |
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Applicant proved respondent's remaining loan indebtedness; counterclaim and challenge to bank charges dismissed for lack of evidence.
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Contract law — loan repayment — enforcement of employee remedial loan after resignation; burden of proof — reliance on bank records and account statements; effect of third‑party payments on borrower’s liability; interest and costs on unpaid loan.
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29 December 2017 |
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29 December 2017 |
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Search and continued occupation of premises without produced warrant or court order was unlawful; prohibition and vacation ordered.
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Constitutional and criminal procedure law — search and seizure — requirement for search warrant and police procedural records (Section 15 Police Act; Section 118 Criminal Procedure Code) — unlawful occupation of private property without court order — judicial review: illegality, procedural impropriety, irrationality, legitimate expectation — remedies: prohibition granted, certiorari and mandamus refused/unsuccessful.
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29 December 2017 |
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29 December 2017 |
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Specific performance refused; plaintiff failed to prove major losses; defendant lawfully called advance guarantee; limited reimbursement awarded.
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Contract law — specific performance discretionary and impracticable where contract expired and claimant contributed to delay; Factory Acceptance Test delays; advance payment guarantee lawfully called; damages not proved without evidence; limited reimbursement for travel rescheduling and interest on late advance.
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29 December 2017 |
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28 December 2017 |
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28 December 2017 |
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27 December 2017 |
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26 December 2017 |
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25 December 2017 |
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Ballistic matching and unexplained coincidences supported murder convictions for two accused; third acquitted for lack of linkage.
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Criminal law — Murder — Circumstantial evidence and forensic ballistics — Ballistic matching of cartridges to seized AK47 — Joint enterprise/common intention (s.22 Penal Code) — Acquittal where no evidence of participation.
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22 December 2017 |
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Appeal dismissed; forgery and uttering convictions upheld based on expert guidance, court’s comparison, witness credibility, and proper sentencing.
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Criminal law — Forgery of judicial document — Handwriting expert evidence as a guide — Court’s independent comparison; Drawing inferences — only reasonable inference; Uttering false document — witness credibility and circumstantial evidence; Sentencing discretion — appellate interference only for manifestly wrong sentences.
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21 December 2017 |
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Conviction for child trafficking upheld: s.3(1) is self-contained, indictment defect cured, and consent is no defence.
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Criminal law — Trafficking in persons — Interpretation of section 3(1) and subsections (2)–(11) — Indictment defects and curative considerations — Sufficiency of trial judgment (s.169 CPC) — Consent immaterial under s.21 — Child victim enhancements (s.3(2)).
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20 December 2017 |
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Applicant’s missing spouse presumed dead after 11 years’ absence; applicant may seek letters of administration.
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Presumption of death — seven‑year absence rule — High Court inherent jurisdiction — adequacy of inquiries (police report, family enquiries, newspaper advertisement) — Non‑Contentious Probate Rules (Rule 53) distinction.
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19 December 2017 |
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19 December 2017 |
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19 December 2017 |
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15 December 2017 |
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15 December 2017 |
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12 December 2017 |
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12 December 2017 |
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12 December 2017 |
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11 December 2017 |
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8 December 2017 |
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Applicant's title valid but possession denied due to bona fide purchaser; State ordered to provide alternative land.
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Land law — title description — certified survey diagram prevails over inconsistent certificate wording; erroneous issuance of subsequent title; bona fide purchaser for value without notice protected; remedy by State allocation of alternative land and rectification of register; failure to prove damages for improvements.
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6 December 2017 |
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Conviction quashed where the trial Magistrate distorted the record and wrongly shifted the burden of proof to the accused.
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Criminal law — Arson — ingredients of offence — burden of proof lies on prosecution beyond reasonable doubt; Criminal procedure — Revision — judgment must reflect and be grounded in the record; Trial error — court must not clarify or amplify unintelligible record; Misdirection — shifting burden to accused is impermissible; Precedent — reliance on inapplicable authority invalidates reasoning.
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6 December 2017 |
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5 December 2017 |
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4 December 2017 |
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4 December 2017 |
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4 December 2017 |
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4 December 2017 |
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4 December 2017 |
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4 December 2017 |
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Successful appeal against a Certificate of Re-entry restored title; third parties who relied on incomplete re-allocation procedures acquired no legal title.
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Lands and Deeds Registry Act ss33–34 — Certificate of title conclusive; Cancellation of Certificate of Re-entry — effect of successful appeal; Administrative lapse by Commissioner — rectification and remedies; Offer letters and Circular No.1 of 1985 — procedural compliance required before allocation; Part‑performance/equitable interest — no proprietary right absent valid offers.
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4 December 2017 |
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4 December 2017 |
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Gratuity accrues only from the contract containing a gratuity clause; overtime unproven; salary and unpaid leave awarded.
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Employment law — contractual gratuity: entitlement arises only where contract expressly provides; retrospective recalculation on final salary denied. Proof of overtime requires contemporaneous records. Employee on notice remains entitled to salary and accrued leave. Counterclaim for overpayment may be set off
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2 December 2017 |
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2 December 2017 |
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1 December 2017 |
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1 December 2017 |
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1 December 2017 |