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Citation
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Judgment date
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| June 1991 |
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Court refused to enlarge statutory class of dependants under the adopted 1938 Act; verbal adaptation only, wills respected.
Succession — Family provisions statute (Inheritance (Family Provision) Act 1938) — Scope of 'dependants' — High Court Act s.12 permits only verbal, non-substantive adaptations of adopted UK statutes — Court cannot judicially add new classes of beneficiaries — Assistance during lifetime not creating posthumous legal entitlement.
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26 June 1991 |
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A post must be specifically prescribed by or under an Act to disqualify its holder from parliamentary election under Article 65(5)(e).
Constitutional law — Parliamentary disqualification — Article 65(5)(e) — meaning of "prescribed" and "under an Act of Parliament" — literal construction; employees of statutory boards not disqualified unless post specifically prescribed by or under an Act.
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20 June 1991 |
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Whether a statute fixing a widow's intestate share applies prospectively to estates administered after its commencement.
Intestate succession (customary law) – Statute fixing widow's share – Prospective operation of statute – Section preserving pre-existing rights (non-retrospectivity) – Procedure vs substantive rights – Remittal for hearing.
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19 June 1991 |
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Act applies prospectively; widow’s existing beneficiary rights may be quantified under the Act when administration occurs after commencement.
Succession — Intestate Succession Act 5 of 1989 — prospective operation — s.48 protection of administrators and beneficiaries — no retrospective creation of substantive rights — quantification of widow's share (20%) as procedural/administrative measure — application where administration occurs after commencement.
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18 June 1991 |
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Appellant's murder conviction reduced to manslaughter for lack of proven malice aforethought; custodial sentence imposed.
Criminal law – murder v. manslaughter – malice aforethought – causation (blow to head) – common intention – sufficiency of eyewitness evidence – role of alleged confession.
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12 June 1991 |
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Appeal against alleged forfeiture dismissed; matter remitted for forfeiture proceedings and hearing of the appellant.
Criminal law – Forfeiture of property – No forfeiture order made or confirmed – Right of owner to be heard before forfeiture – Remittal to subordinate court.
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11 June 1991 |
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Granting leave to amend mid-trial requires permitting supporting evidence, subject to costs and adjournment.
Civil procedure – amendment of statement of claim at trial – re-opening plaintiff’s case to lead fresh evidence; interlocutory appeals – competent in civil matters; costs, adjournment and reciprocal amendment as safeguards.
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11 June 1991 |
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Counsel with ostensible authority can bind a client by signing a consent order; undisclosed internal limits do not invalidate it.
Civil procedure – Consent summons – Effect of counsel signing consent to judgment; Agency – Ostensible authority binds principal absent fraud or mistake; Evidence – 'Without prejudice' correspondence ordinarily inadmissible but may be required where issue demands.
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4 June 1991 |