Results.
13 judgments found.
|
|
|
| December 1987 |
|
|
Whether the applicant falls within "any person" in s250(b); court held he did not and substituted common assault.
-
Criminal law — statutory interpretation of "any person" in s.250(b) Penal Code — exclusion of police officers; interplay between disciplinary provisions and criminal liability; substitution of conviction under s.15(3) Supreme Court Act and s.181 Criminal Procedure Code
|
31 December 1987 |
|
Consent and trial judgments set aside due to mutual mistake about steel quantity and payment; retrial ordered.
-
Civil procedure — consent judgment — mutual mistake as to goods supplied and paid for — consent judgment set aside; appeal; trial judgment vitiated by same mistake — retrial ordered before different judge.
|
21 December 1987 |
|
If a landlord proves s.11(1)(g) grounds, alternative accommodation is irrelevant; landlord bears the burden to prove genuine intention.
-
Landlord & Tenant (Business Premises) Act — s.11(1)(g) — landlord must prove bona fide intention to occupy for business; availability of alternative accommodation irrelevant; onus on landlord to establish ground of opposition
|
20 December 1987 |
|
Court may order rectification under s.60 and bind a company despite its non‑party status; member ratification can validate defective director acts.
-
Company law — rectification under s.60 — court may bind company not a party — member authority and ratification of defective directors' acts — ostensible authority and estoppel — wrongful transfer and account
|
20 December 1987 |
|
Tenant estoppel upheld for rent claim; third party's ownership raises triable issue requiring remittal.
-
Landlord and tenant — denial of landlord's title by tenant — estoppel — summary judgment (Order 13) — third-party proprietary claim — triable issue — remittal for directions.
|
17 December 1987 |
|
Whether post-termination rent payments and conduct created a new tenancy and justified a stay of possession pending appeal.
-
Landlord and tenant law — Business Premises Act — whether post-termination payment and conduct can create a new tenancy — distinction from Bobert v Kapindula — stay of execution pending appeal — mesne profits.
|
17 December 1987 |
|
An accomplice is liable for confederates' violent acts if those acts are a probable consequence of the common unlawful purpose.
-
Criminal law — Common unlawful purpose — Section 22 Penal Code — Liability for confederates' acts that are a probable consequence of a joint enterprise — Distinguishing Mwape v The People
|
13 December 1987 |
|
Conviction quashed for one appellant lacking proof of recent possession; other appellant's conviction and mandatory 15-year sentence upheld.
-
Criminal law — Aggravated robbery — Doctrine of recent possession — Recent possession as evidence of guilt — Sufficiency of evidence where accused merely found in premises where stolen property recovered — Mandatory minimum sentence — Appeal against conviction and sentence.
|
8 December 1987 |
|
Vendor cannot rescind or repossess without proper notice or evidence of purchaser's implied repudiation.
-
Conveyancing and Law of Property Act s.67; notice to complete; service by registered post; sale of land; rescission; implied repudiation; onus of proof.
|
8 December 1987 |
|
Recent possession supported the first appellant's conviction; mere presence where stolen property was found did not support the second's conviction.
-
Criminal law — Aggravated robbery — Recent possession as evidence of guilt — Presence in premises where stolen goods recovered insufficient without evidence of knowledge or control — Mandatory minimum sentence.
|
8 December 1987 |
|
Provocation can reduce murder to manslaughter where the trial judge wrongly dismisses its connection to the accused’s conduct.
-
Criminal law — murder v. manslaughter — provocation as partial defence — self‑defence — appellate substitution of conviction and sentence where provocation wrongly rejected.
|
8 December 1987 |
|
Applicant cannot rescind without properly served notice; delay alone does not imply repudiation.
-
Land law — contract for sale of land — notice to complete — proper service required; implied repudiation — delay alone insufficient; substantial payments and occupation negate repudiation
|
7 December 1987 |
|
Whether a landlord’s genuine intention to reconstruct, supported by planning approvals, justifies opposing renewal of a business tenancy.
-
Landlord and Tenant (Business Premises) Act (Cap. 440) — s5 notice — s11(1)(f) reconstruction ground for opposing renewal — genuineness of landlord’s intention — relevance of planning permission and statutory approvals — inability to carry out works while tenant in occupation.
|
5 December 1987 |