Results.
9 judgments found.
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| January 2023 |
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Plaintiff failed to prove claimed hire charges; parties’ conduct showed payment was due only for actual days worked.
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Contract interpretation — hire of plant equipment — admissibility of surrounding circumstances and conduct to determine commercial intention — burden of proof in civil claims — whether charges payable per actual days worked or for entire custody period.
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31 January 2023 |
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Claims challenging a provisional liquidator’s acts, including alleged illegality of remuneration, must be pursued within the pending winding up proceedings.
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Corporate insolvency — Liquidation — Jurisdiction to challenge acts of liquidator — Disputes as to remuneration, account and alleged misfeasance must be raised in winding up proceedings; multiplicity of actions disapproved.
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27 January 2023 |
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Whether rejection of the applicant's nomination and subsequent timing issues rendered the by-election void.
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Electoral law — nomination challenges (Article 52(4)) — nullification grounds (s.97(2)(b) EPA) — nullification vs disqualification (Art.72(4)) — effect of lapse of 21‑day period — Article 52(6) resignations and fresh nominations — abuse of process.
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24 January 2023 |
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Whether rejecting a re-nomination after nullification voids a by-election.
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Electoral law — nominations — Returning Officer’s power to accept/reject under Article 52(2) and Reg 18(7) — nullification ≠ automatic disqualification — High Court stay and 21‑day rule — section 97(2)(b) standard for voiding election — fresh nominations issue pending Constitutional Court.
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24 January 2023 |
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Whether pre-renewal appraisal or vacation leave created implied contractual rights or a legitimate expectation of renewal.
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Employment law — fixed-term contract renewal — implied terms from established workplace practice — business efficacy test; legitimate expectation — vacation leave and contract termination date; enforceability of grievance procedure post-termination; remedies for non-renewal.
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23 January 2023 |
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Counsel whose signature appears on competing title deeds was recused as a likely witness; right to counsel is not absolute.
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Professional conduct — recusal — practitioner likely to be witness due to register/signature on competing title deeds — application of Legal Practitioners Act and Rule 33(1)(d) — right to counsel not absolute.
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23 January 2023 |
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Employer's financial inability did not establish redundancy; employees entitled to notice pay, accrued leave and gratuity post-Act commencement.
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Employment law — redundancy v operational requirements — section 55 Employment Code Act — notice entitlement (s.53) — accrued leave — gratuity entitlement under Employment Code Act (25% for long-term contract period) — assessment by Deputy Registrar — interest and costs.
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20 January 2023 |
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Termination for employer financial difficulty is not automatic redundancy; employees entitled to notice pay, accrued leave and post‑Act gratuity.
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Employment law — termination — redundancy v operational/financial reasons — application to oral contracts; notice entitlement; payment for accrued leave; gratuity under Employment Code Act s73; assessment by Deputy Registrar; interest; leave to appeal.
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20 January 2023 |
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Application to disqualify counsel for former-client conflict dismissed for lack of real risk of misuse of confidential information.
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Legal practitioners — Conflict of interest — Former-client conflict — Duty of confidentiality survives retainer — Disqualification requires real risk of misuse of confidential information — Non-client cannot assert another party’s legal professional privilege.
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13 January 2023 |