Results.
9 judgments found.
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| January 2025 |
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Court refused summary determination under Order 14A, finding redundancy and bonus entitlement issues contentious and needing full trial.
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Civil procedure — Order 14A (White Book) — summary determination inappropriate where issues are contentious and fact-dependent; redundancy, retirement notice and accrued bonus entitlement; applicability of pension amendment.
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30 January 2025 |
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The applicant's request to stay proceedings for alleged document fraud was dismissed and the disputed document expunged.
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Civil procedure — stay of proceedings — concurrent criminal investigations — high threshold for stay; Verification and authentication of disputed documents; Expungement where joint verification order not complied with; Burden on applicant to show prejudice and estimate duration; Balancing competing interests and preserving plaintiff’s right to expeditious trial.
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29 January 2025 |
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Court held that circumstantial and forensic evidence sufficed to put the accused to their defence on a murder charge.
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Criminal law — Murder — No-case-to-answer (s.206 CPC) — Test for prima facie case — Circumstantial evidence and forensic (post‑mortem) evidence sufficient to put accused to defence.
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27 January 2025 |
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25 January 2025 |
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Plaintiff's claims for higher gratuity, extra allowances, repatriation and vehicle compensation dismissed; defendant acted in good faith.
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Employment law — incorporation of harmonization report by admission; gratuity computation and consolidated allowances; repatriation allowance limited to relocated employees; vehicle allocation and right of first refusal; exemplary and punitive damages refused where employer promptly remedied miscalculation.
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24 January 2025 |
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Failure to comply with Order 53 time limits justified discharge of leave to commence judicial review and costs to respondents.
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Judicial review — Leave to commence — Order 53 (White Book) — duty to enter motion within 14 days — non-prosecution — discharge of leave — consequences of procedural non-compliance — costs.
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21 January 2025 |
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Whether procedural defects in a memorandum of appearance and late filing justify striking out the defence; court dismissed challenge.
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21 January 2025 |
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A pending application for leave to appeal does not justify a stay absent arguable prospects of success and exceptional circumstances.
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Civil procedure — Stay of proceedings pending leave to appeal — Application properly before High Court where leave to appeal is pending — Principles: pending appeal/leave, arguable prospects, risk of nugatory appeal, exceptional circumstances, promptness — Stay refused where no prospects of success.
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21 January 2025 |
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Defendants may recall witnesses for cross-examination on post-pleadings documents where a consent order and justice require it.
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Civil procedure — recall of witnesses — cross-examination on documents produced after close of pleadings — consent order permitting re-opening of case — prevention of miscarriage of justice.
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13 January 2025 |