Results.
12 judgments found.
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| December 1992 |
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A judge may not dismiss claims without hearing counsel where only part of the pleadings may be barred by Article 29(8).
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Civil procedure — Amendment/striking out of pleadings — Court’s power to amend on its own motion exercised rarely and only in clearest cases — Article 29(8) constitutional bar to claims arising from Presidential detention — Dismissal for no cause of action without hearing counsel irregular — Proper procedure for challenging interlocutory orders
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31 December 1992 |
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A judgment creditor in possession under a writ of elegit must use best endeavours to realise property income and may be liable for wilful default.
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Civil procedure — writ of elegit — Order 43 account against judgment creditor in possession — duty to realise income — liability for wilful default — disputed facts require oral evidence — writ of elegit excludes movables
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31 December 1992 |
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Custodial sentence upheld where large-scale, concealed cross-border drug trafficking justified enhanced penalties.
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Criminal law — Sentencing — Unlawful possession of dangerous drugs — Large quantities, concealment and cross-border importation as indicia of trafficking — Application of Section 19A (enhanced penalties) — When aggravating circumstances justify custodial sentence for first offender
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31 December 1992 |
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Employer's promise to pay repatriation fares requires travel within a reasonable time (here 90 days); delay limits liability.
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Employment law — Employer's obligation to provide repatriation passage — "Whenever ready to travel" constrained by reasonable time — Delay attributable to employee disentitles claimant to increased later fares — Estoppel limited
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31 December 1992 |
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Employer held vicariously liable for employee’s negligent driving; damages apportioned between statutory heads and awarded jointly and severally.
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Negligence — motor-vehicle collision — vicarious liability of employer for servant’s negligent driving when passenger authorised; admissibility of police admissions; proper apportionment of damages between Law Reform (Miscellaneous Provisions) Act and Fatal Accidents Act; joint and several liability
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31 December 1992 |
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Restoration denied where systematic dishonesty and public/professional interest outweigh demonstrated rehabilitation.
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Legal practitioners — Restoration to Roll — Disbarred for systematic theft — Section 33 discretionary and exceptional — public interest and professional reputation outweigh personal rehabilitation — conditional restoration considered but declined
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31 December 1992 |
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A driver who knows or should know of defective tyres is at fault for an accident caused by skidding.
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Criminal law — Causing death by dangerous driving — Skid defence — defective tyres — onus on prosecution to prove skid due to driver’s fault — duty to inspect and exercise caution if vehicle known to be defective
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31 December 1992 |
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Failure to follow disciplinary rules and breach of natural justice justified reinstatement; damages limited due to mitigation duty.
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Employment law — Wrongful dismissal — Failure to follow disciplinary code and grievance procedure; natural justice breached by interested adjudicators; unsubstantiated charges; reinstatement justified; mitigation of damages and assessment of back pay
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31 December 1992 |
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Res ipsa loquitur applied to a detached load on the road; defendant failed to rebut presumption of negligence.
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Negligence — Motor collision caused by detached load — Application of res ipsa loquitur where dangerous thing under defendant's control — Distinction between Act of God and inevitable accident — Burden of proof on defendant to rebut presumption — Pleadings defects not fatal where evidence admitted and unchallenged — Upheld damages for loss of business
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31 December 1992 |
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Repair payment and signed release did not bar plaintiff's loss-of-use claim for lack of consideration.
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Insurance/subrogation — Release form — Accord and satisfaction — Consideration — Part-payment rule — Unliquidated loss-of-use claim — "Without prejudice" marking — Estoppel/inequity
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31 December 1992 |
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A driver who knows or should know of defective tyres must inspect or drive cautiously; failure is dangerous driving.
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Road traffic — Dangerous driving — Skid caused by defective tyres — Trial judge's misdirection on factual findings — Onus on prosecution where skid claimed — Driver's duty to inspect or exercise special caution if tyres are or may be defective
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16 December 1992 |
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Payment of undisputed repair costs without consideration does not bar a subsequent unliquidated loss-of-use claim.
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Contract — Release/Accord and satisfaction — Part payment of undisputed repair costs does not constitute consideration for settling unliquidated loss-of-use claim; equity/estoppel — enforcement of gratuitous release unconscionable where claimant reserved other claims and received assurances; "without prejudice" generally inadmissible but unnecessary to decide here
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7 December 1992 |