Results.
10 judgments found.
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| March 1992 |
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Payment of undisputed repair costs and a signed release did not bar the plaintiff's unliquidated claim for loss of use absent fresh consideration or inequity.
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Tort — damages for loss of use — release and accord and satisfaction — part payment of undisputed repair costs insufficient consideration to discharge separate unliquidated claim — estoppel and inequity — "without prejudice" marking considered but not decisive
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20 March 1992 |
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Repatriation passage must be claimed within a reasonable period; employer not liable for fare increases caused by employee delay.
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Employment law — repatriation passage on termination — entitlement must be exercised within a reasonable time — "whenever ready to travel" does not permit indefinite delay — employer not liable for fare increases due to employee's delay — measure of recovery is fare value within reasonable period
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19 March 1992 |
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Whether a D.P.P.'s public non-prosecution precludes later prosecution absent fresh evidence and trial judge's failure to address biased eyewitness credibility.
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Evidence—affidavit evidence on contentious matters; Criminal procedure—coroner’s order vs D.P.P. discretion; Prosecution reopened after D.P.P. public non-prosecution—requirement of fresh evidence; Amendment of charge—power to upgrade information; Credibility—warning as to interested witnesses; Self-defence—objective and subjective tests
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19 March 1992 |
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Employer held vicariously liable for employee's negligent driving; damages allocated between statutory heads and adjusted for inflation.
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Negligent driving — vicarious liability of employer for employee’s driving — authority to carry passengers and employer’s onus — admissibility of driver’s police admissions in civil negligence — allocation of damages between Law Reform (Miscellaneous Provisions) Act and Fatal Accidents Act — quantum adjusted for inflation
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19 March 1992 |
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Restoration to the Roll denied where systematic dishonesty undermined public interest despite subsequent rehabilitation.
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Legal practitioners — restoration to the Roll under section 33 — disbarment for misappropriation/theft — public interest and profession’s reputation paramount — repentance and rehabilitation relevant but not overriding — restoration a rare remedy
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19 March 1992 |
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D.P.P.'s public non‑prosecution bars later prosecution absent fresh evidence; trial judge misdirected on witness bias and self‑defence succeeds.
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Affidavit evidence on contentious matters; Rule 39(1)
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Supreme Court Rules — Bail on appeal in murder cases — Rule 45(2) and s.123 C.P.C. — Coroner's order naming persons to be charged — D.P.P.'s public non‑prosecution and reopening of prosecution — Amendment of information under s.273(2) C.P.C. — Witness bias and credibility — Self‑defence: honest and reasonable belief in imminent danger
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18 March 1992 |
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A landlord is bound by reasons in a notice to quit; s11(1)(e) requires proof of superior tenancy and intent to dispose as whole for better yield.
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Landlord and tenant — notice to quit binds landlord to reasons stated — Section 11(1)(e) Cap.440 requires proof of superior tenancy and intention to let/otherwise dispose of whole property for better rental yield — Section 11(2) five-year bar protects recent purchasers/transferees — transferee cannot evade protection by administrative transfer — essential evidentiary requirements to oppose grant of new tenancy.
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15 March 1992 |
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A dismissal for want of cause was irregular where strike‑out should be reserved for clearest cases and counsel must be heard before dismissal.
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Civil procedure — Amendment and striking out of pleadings — Article 29(8) and claims arising from presidential detention — Strike‑out reserved for clearest cases — Irregular dismissal without hearing counsel — Improper correspondence by counsel refusing judicial order
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3 March 1992 |
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Six-year custodial sentence for trafficking-related possession upheld; aggravating factors justified imprisonment despite first-offender plea.
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Sentencing — possession of large quantity of dangerous drugs — trafficking inferred from quantity and concealment — first-offender principle v. aggravating circumstances — Section 19A Dangerous Drugs Act — enforcement of fines against transient/foreign offenders — trans-border drug trafficking deterrence
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3 March 1992 |
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Court found wrongful dismissal due to procedural unfairness and unproven charges, ordered reinstatement and limited damages.
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Employment law — wrongful dismissal — failure to follow disciplinary code and grievance procedure — breach of natural justice by interested disciplinary committee members — exceptional circumstances justifying reinstatement — mitigation of loss and measure of damages
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3 March 1992 |