Results.
26 judgments found.
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| March 1993 |
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Documentary correspondence can displace oral claims of employment benefits; loan found and judgment for unpaid balances upheld.
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Contract of employment — alleged employment benefits (free house and medical treatment) — credibility assessment based on documentary evidence — existence of loan between employee and employer via sister company — standing to sue — valuation of construction defects; appointment of Government Valuation Officer if no agreement.
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25 March 1993 |
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Damages for a written-off vehicle are measured by its value at loss; interest may be awarded from the accident date.
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Damages for chattel loss — measure is value at time of loss; impecuniosity and mitigation; replacement cost not awarded without evidence; court may award interest even if not pleaded; interest running from date of loss.
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23 March 1993 |
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23 March 1993 |
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Chattel damages are assessed by value at loss; interest may be awarded despite omission but proper remedy is review or appeal.
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Damages — Measure for loss of chattel: value at time of loss vs replacement cost; Interest — Court's power to award interest despite omission in pleadings or judgment; Procedure — omission to award interest should be remedied by review or appeal, not by registrar assessment
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22 March 1993 |
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Appeal dismissed: court found injunctive relief inappropriate and held the adequacy of damages irrelevant.
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Equity — Injunction — Discretionary nature of injunctive relief; adequacy of damages and appropriateness of injunction — Appeal dismissed.
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18 March 1993 |
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Whether an inquest bars prosecution and whether the High Court may grant bail in murder or treason cases.
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Inquest Act (s6 & s7) — stay of inquest pending criminal proceedings; exhumation; DPP prosecutorial discretion; Criminal Procedure Code s123(1) & (3) — bail: High Court power to grant bail in murder/treason cases; subordinate courts barred from granting such bail; reference under Article 20(2); per incuriam and stare decisis.
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17 March 1993 |
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High Court may grant bail in murder or treason cases (s.123(3)); inquests are generally stayed pending criminal proceedings (Inquest Act s.6).
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Inquest Act ss.6–7 — adjournment/stay of inquests pending criminal proceedings; Coroner’s exhumation powers; DPP’s prosecutorial discretion subject to statutory law; Criminal Procedure Code s.123(1) & (3) — High Court power to grant bail in murder/treason cases; subordinate courts barred; prior authority per incuriam.
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17 March 1993 |
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An injunction was refused where written consent to direct rent payments did not create a direct lease; appeal dismissed.
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Property/tenancy — injunction — whether consent to direct payment of rent creates direct lease — adequacy of damages as alternative remedy.
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13 March 1993 |
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Court affirmed convictions and seven-year sentences for principal stock thieves, quashed convictions of mere spectators, and modified a public-servant theft sentence.
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Criminal law — stock theft — distinguishing active participants from mere spectators; Appeal — sufficiency of evidence for conviction; Sentencing — confirmation of custodial terms and setting aside corporal punishment; Judicial impartiality — recusal and reasonable apprehension of bias; Right to legal representation — effect on fairness of trial; Theft by public servant — characterization of property and sentencing discretion.
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3 March 1993 |
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Whether the respondent lawfully imposed conditions on issuing the applicant a practising certificate under Section 37.
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Legal Practitioners Act s.37(2) — Chief Justice supervisory jurisdiction — power to issue practising certificates on terms; Delegation of condition-setting to Law Association; Conditions for restoration after receiving order; Clients' funds accounting — s.69(3) and Third Schedule; Tax clearance requirement.
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3 March 1993 |
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Appellant's conviction for vehicle theft upheld; corporal punishment quashed and seven-year imprisonment sustained.
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Criminal law — Theft of motor vehicle — Identification and eyewitness evidence — Credibility of witnesses; Sentencing — Committal for sentence where subordinate court lacks jurisdiction; Corporal punishment — Appropriateness and quashing of caning order.
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3 March 1993 |
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Appellate court upheld aggravated robbery convictions based on trial judge's credibility and identification findings.
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Criminal law — aggravated robbery — credibility and demeanour findings — identification evidence — appellate deference to trial judge's factual findings.
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3 March 1993 |
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Appeal against excessive custodial sentence and corporal punishment succeeded; sentence reduced to three years and caning set aside.
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Criminal law — Sentencing — Excessive sentence — Manslaughter where assault was mild, no weapon used, victim elderly and death due to congestive cardiac failure; corporal punishment set aside.
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3 March 1993 |
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Court reduced a nine-year manslaughter sentence to four years, finding the original term excessive given no weapon was used.
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Criminal law — Manslaughter — Sentence — Whether a nine-year term was excessive where the assault involved no weapon — Appeal against sentence — Reduction to four years.
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3 March 1993 |
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Court reduced appellant's nine-year manslaughter sentence to four years, finding the original term excessive given no weapon used.
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Criminal law — Manslaughter — Sentence — Whether a nine-year term was excessive where death followed a non-weapon assault — appellate reduction to four years.
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3 March 1993 |
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Appellants' 20-year aggravated robbery sentence reduced to the mandatory 15 years despite aggravating hospitality abuse.
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Criminal law — Aggravated robbery — Sentencing — Abuse of hospitality as aggravating factor — Appellate reduction of sentence to statutory minimum mandatory term.
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3 March 1993 |
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Appellate court reduced an excessive 15-year manslaughter sentence to 3 years due to mitigating circumstances.
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Criminal law — Manslaughter — Sentence excessive — Mitigating circumstances (provocation/being hit while separating a fight) — Appellate reduction of sentence.
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3 March 1993 |
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Appellant's conduct and failure to surrender public funds supported conviction for theft by public servant; sentence upheld.
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Theft by public servant — circumstantial and conduct-based evidence — inference of guilty intention from refusal to surrender public funds and premature exclamation of theft — sufficiency of evidence — sentence not excessive.
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3 March 1993 |
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Appeal upheld in part: wall clock conviction affirmed, heaters acquitted, sentence reduced from five to two years' imprisonment with hard labour.
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Criminal law — theft by public servant — whether appellant was mere office orderly or active participant; evidence of erasure of government marks and presence during sale; permissibility of taking government property to private repairers; sentence excessive — reduced.
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3 March 1993 |
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Caning set aside as inappropriate with a long custodial term; manslaughter sentence reduced from nine to four years.
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Criminal law — manslaughter — sentencing — corporal punishment (caning) is inhuman/degrading and should be imposed sparingly; caning inappropriate when a long custodial sentence is passed; appellate reduction of excessive sentence.
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3 March 1993 |
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Repeated failure to verify deliveries and an incriminating endorsement established theft by servant; appeal dismissed.
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Criminal law — theft by servant — receipt procedures and endorsements on delivery notes as evidence of knowledge and misconsignment — breach of duty versus dishonest appropriation — appellate review of sentence.
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3 March 1993 |
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Appeal against robbery conviction and 16‑year sentence dismissed; identification and credibility findings upheld.
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Criminal law — Identification evidence — Corroboration and credibility assessments — Appeal against conviction — Adequacy of trial judge’s evaluation; Sentence — whether term of 16 years with hard labour is excessive.
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2 March 1993 |
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The applicant's conviction upheld: common intent to steal from premises includes intent to use force and rob a guard.
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Criminal law — Aggravated robbery — Common intention — Whether intent to steal from premises includes intent to use force and rob obstructing persons — Identification evidence — Conviction upheld.
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2 March 1993 |
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Daylight eyewitness identification and being caught red-handed justified the appellants' conviction and 20-year sentence; appeals dismissed.
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Criminal law — Aggravated robbery — Daylight eyewitness identification and apprehension 'red handed' — Defence explanations rejected — Failure to call taxi driver not fatal — Sentence 20 years with hard labour not excessive.
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2 March 1993 |
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Court upheld the 10-year manslaughter sentence despite appellant's remorse and claimed lack of intent.
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Criminal law — Manslaughter — Sentence — Appeal against sentence — Mitigation, remorse and absence of intent — Whether sentence is manifestly excessive.
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2 March 1993 |
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Conviction for aggravated robbery upheld where suspect witness was corroborated by complainant's identification and circumstances.
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Criminal law — Aggravated robbery — Suspect witness in possession of stolen property — Corroboration by complainant's identification and surrounding circumstances — Single identifying witness — Sentence not excessive.
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2 March 1993 |