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Citation
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Judgment date
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| December 2019 |
|
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31 December 2019 |
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Plaintiffs failed to prove ownership or fraud; defendant proved legal title and purchasers were bona fide without notice.
Property law – competing claims to land – evidentiary requirements for declaration of ownership – Statute of Frauds; Fraud – allegations must be pleaded and proved distinctly and to a higher standard; Equitable doctrine – bona fide purchaser for value without notice defeats prior equitable interests.
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31 December 2019 |
| November 2019 |
|
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Holding over and payment created a quarterly periodic tenancy requiring three months’ notice; distraint was lawful and plaintiff’s special-damage claim failed.
Landlord and tenant — expiry of fixed-term lease and holding over — creation of periodic (quarterly) tenancy by payment and acceptance of rent — notice to quit equals period length; distraint for rent — lawfulness of Warrant of Distress; proof of special damages required with reasonable particularity.
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29 November 2019 |
|
High Court confirmed convictions for unnatural offences, holding trial factual findings and credibility assessments were not reviewable absent perversity.
Criminal law – Revisionary jurisdiction of High Court – Limits on disturbing trial court factual findings; Unnatural offences – sufficiency of eyewitness evidence; Right to silence – not a ground for penalization absent unfairness; Medical opinion with delayed examination – limited weight.
|
27 November 2019 |
| September 2019 |
|
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Court expunged documents arising from genuine settlement negotiations as "without prejudice", awarding costs and granting leave to appeal.
Civil procedure — "without prejudice" communications — admissibility — requires genuine dispute and genuine attempt to compromise — express marking material but not conclusive — no waiver by failure to object at discovery — expunction of documents.
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19 September 2019 |
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12 September 2019 |
| August 2019 |
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27 August 2019 |
|
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15 August 2019 |
|
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13 August 2019 |
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Application for extension of time to appeal dismissed for inordinate delay, insufficient reasons and no grounds or prospects of success.
Civil procedure — Extension of time to appeal — Discretion guided by length and reasons for delay and, where appropriate, merits — Applicant must provide grounds/prospects of success — Procedural irregularities curable under rules permitting extension of time.
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9 August 2019 |
|
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7 August 2019 |
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Application for default judgment dismissed; matter to proceed to hearing on merits, no order as to costs.
Civil procedure – default judgment – whether defendants’ non-appearance justified termination of proceedings; earlier originating summons default order set aside – matter re-commenced by writ – Order for Directions complied with – application dismissed.
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7 August 2019 |
|
Interim injunction maintained to preserve status quo over disputed land where plaintiff holds a certificate of title.
Interlocutory injunctions – American Cyanamid principles – certificate of title as prima facie evidence of ownership – irreparable harm – balance of convenience – preservation of status quo – disputed land and improvements – unjust enrichment arguments.
|
6 August 2019 |
| July 2019 |
|
|
An arson conviction was quashed where the charge omitted essential elements and the guilty plea was equivocal.
Criminal procedure — Plea-taking — Charge must allege essential ingredients — 'Wilfully and unlawfully' required in arson charge — Equivocal plea not cured by admission of facts — Magistrate's duty to ensure accused admits each ingredient — Defective charge renders conviction unsafe; retrial not ordered.
|
19 July 2019 |
| June 2019 |
|
|
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28 June 2019 |
|
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27 June 2019 |
|
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27 June 2019 |
|
|
26 June 2019 |
| May 2019 |
|
|
|
24 May 2019 |
|
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17 May 2019 |
|
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17 May 2019 |
|
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14 May 2019 |
|
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13 May 2019 |
|
|
8 May 2019 |
|
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7 May 2019 |
|
|
7 May 2019 |
| April 2019 |
|
|
|
26 April 2019 |
|
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25 April 2019 |
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25 April 2019 |
|
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18 April 2019 |
|
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11 April 2019 |
| March 2019 |
|
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27 March 2019 |
|
Plaintiff awarded inflation-adjusted loss of delayed pension difference against the Attorney General; Fund Board not liable; interest and costs awarded.
Pension law — wrongful retirement and underpayment — inflation/indexation of pension benefits — State liability — interest on monetary judgments — interpretation of Public Service Pensions Act.
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13 March 2019 |
| February 2019 |
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|
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27 February 2019 |
|
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13 February 2019 |
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8 February 2019 |