Results.
10 judgments found.
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| November 1993 |
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Three months' rent-free occupation for redecoration constituted a licence surrendering the tenancy, so respondent entitled to possession.
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Landlord and tenant — licence v. tenancy — surrender by rent‑free occupation for redecoration — Landlord and Tenant (Business Premises) Act s.20 — strict construction to prevent evasion of Rent Acts — slip rule (Order 20 r.11) and finalisation of interlocutory rulings.
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25 November 1993 |
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Administrator appointed by local court may validly sell estate land; partnership not incorporated into sale did not invalidate transaction.
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Succession and estate administration — Local Court appointment of administrator — Administrator’s power to sell estate land — Re Njobvu affirmed; equitable interest and partnership claims — partnership not incorporated into contract; beneficiary interests represented by administrator; evidential credibility and misdirection considered.
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18 November 1993 |
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Court set aside an unjustified five‑year business tenancy, substituted a shorter term; held a school‑use licence was gratuitous and revocable on reasonable notice.
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Landlord and tenant law — application for new business tenancy — procedural notice requirements — s.6(6) and Rule 6(2)(b) — absence of s.11(1) grounds to oppose — appropriate term of tenancy; Property/licence — gratuitous licence to use school premises — consideration and revocability — reasonableness of notice.
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17 November 1993 |
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Identification by a known witness upheld conviction; statutory mandatory minimum sentence precluded s.27(2) alternatives.
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Criminal law — Aggravated robbery; identification by a known witness — ID parade unnecessary; credibility and appellate deference to trial judge; absence of recovered property not fatal; sentencing — mandatory minimum prevents application of s.27(2) youth-disposal discretion.
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16 November 1993 |
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Interim injunction restraining removal from chair set aside because damages were an adequate remedy.
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Co‑operative Societies Act — dismissal of officer — power of Board v. dismissal by general meeting/Registrar (Sections 122, 162) — interim injunction — adequacy of damages as alternative remedy — interlocutory relief set aside.
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9 November 1993 |
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Appeal dismissed: alleged forgery/fraud unproven; sale contract valid and specific performance granted.
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Contract of sale — validity of subsequent contract — alleged forgery and fraud — non-performance does not automatically rescind contract; rescission requires notice — specific performance appropriate where buyer pays off mortgagee and evidence supports agreement.
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4 November 1993 |
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Appeal dismissed: defendant failed to prove forgery; contract valid, revived by mortgage discharge; specific performance appropriate.
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Contract of sale of land — validity and proof of signature — allegations of forgery and fraud — credibility of witness — revival of contract by performance (payment of mortgage) — rescission requirement — specific performance.
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4 November 1993 |
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Whether part performance can validate an oral sale of land and whether informal withdrawal of counsel warrants setting aside an ex parte judgment and retrial.
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Property law — Statute of Frauds s.4 — lease with option to buy — part performance by payment of deposit and acts — exception to requirement of written memorandum; Equitable relief — discretion to order specific performance — effect of delay and vendor's repossession; Civil procedure — withdrawal of counsel — requirement for formal leave — ex parte judgments and setting aside under Order 35 — retrial where litigant abandoned by counsel.
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4 November 1993 |
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Appellant’s self-defence and alibi rejected; confession and evidence upheld murder conviction and death sentence.
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Criminal law — murder — self-defence — unlawful presence of poachers — defence of lawful officers; alibi as afterthought; warned and cautioned statement and confessions as strong evidence; delay in arrest or omission to call witnesses not necessarily fatal.
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2 November 1993 |
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Second appellant’s conviction quashed for mere presence; first appellant’s conviction upheld on reliable identification and consistent evidence.
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Criminal law — Robbery — Identification at scene — Distinction between presence and participation — Weight of inconsistencies and uncalled witnesses — Appeal standard on credibility findings.
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2 November 1993 |