Results.
27 judgments found.
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| January 2020 |
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31 January 2020 |
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Plaintiffs failed to prove goodwill or likely confusion; Registrar properly cleared defendant's Airtel company names and claim dismissed.
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Company names — Registrar’s discretion under Companies Act s37 — mode of commencement: writ versus judicial review — Passing off — requirement of operational goodwill and evidence of likely confusion — unregistered name/trademark cannot confer monopoly rights.
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31 January 2020 |
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31 January 2020 |
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31 January 2020 |
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Repayment claim on an oral loan secured by a vehicle dismissed as statute-barred under the six-year limitation rule.
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Limitation Act 1939 s.2 — actions founded in simple contract; accrual of cause of action on breach; oral loan agreements; collateral (pledge of vehicle); statute-barred claims.
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31 January 2020 |
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High Court General List retains jurisdiction to hear contractual redundancy claims despite creation of specialised divisions; no referral needed.
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Constitutional law — Article 133 divisions of the High Court — jurisdiction of Industrial Relations/Labour Division; High Court general jurisdiction — employment/master-servant disputes; referral to Constitutional Court — when required.
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30 January 2020 |
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30 January 2020 |
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29 January 2020 |
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29 January 2020 |
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28 January 2020 |
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28 January 2020 |
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28 January 2020 |
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28 January 2020 |
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A company in receivership cannot sue except through its receiver; failure to do so renders the action null and void.
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Company law — receivership — locus standi — only the receiver can sue or defend for a company in receivership; nullity ab initio. Civil procedure — abuse of process, duplicity of actions, forum shopping
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Companies Act s281 — leave to sue in liquidation contexts
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28 January 2020 |
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28 January 2020 |
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Whether a permanent and pensionable employee is entitled to contractual gratuity on resignation under a company manual.
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Employment law — conditions of service — administrative manual vs draft — classification of grades 1–3 (fixed-term) and 4–6 (permanent and pensionable) — gratuity on resignation payable only to contractual staff — literal interpretation of contract terms.
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27 January 2020 |
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27 January 2020 |
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26 January 2020 |
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24 January 2020 |
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The respondent (registered proprietor) entitled to injunction against the applicant’s continued use of its registered trademarks.
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Trade Marks Act — s7 bars actions by proprietors of unregistered marks for infringement; registered proprietor’s rights (s9, s57) — exclusive use and entitlement to injunction; damages require proof of loss or profit.
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20 January 2020 |
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17 January 2020 |
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17 January 2020 |
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Court convicted soldier of murder, rejecting accidental‑discharge defence based on circumstantial evidence and post‑offence conduct.
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Criminal law — Murder — Malice aforethought — Defence of accident — Firearm safety and training — Circumstantial evidence — Concealment and flight as indicia of guilt — Caution with child/relative witnesses but corroboration by independent evidence.
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17 January 2020 |
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Whether the respondent validly increased rent by notice and lawfully distrained; agency and tenant's liability.
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Agency — conduct and correspondence establishing agency; tenancies — tenancy at will and reliance on unexecuted lease; contract — validity of rent increase by notice; distress — lawfulness of warrant for rent arrears; remedies — quantification and enforcement of distraint.
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16 January 2020 |
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16 January 2020 |
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Court granted protective injunctions against assault, removal and disposal of matrimonial property but refused respondent's exclusion from the home.
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Matrimonial injunctions — s101(1) Matrimonial Causes Act and Order 27 Rule 7 — protective restraining orders — occupational order/ exclusion from matrimonial home — standard of evidence — restraint on disposal of matrimonial property.
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15 January 2020 |
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14 January 2020 |