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Citation
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Judgment date
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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.
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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23 March 1993 |
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23 March 1993 |
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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.
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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17 March 1993 |
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17 March 1993 |
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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.
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.
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.
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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3 March 1993 |
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3 March 1993 |
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3 March 1993 |
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3 March 1993 |
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3 March 1993 |
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3 March 1993 |
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3 March 1993 |
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3 March 1993 |
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3 March 1993 |
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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.
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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2 March 1993 |
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2 March 1993 |
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2 March 1993 |
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2 March 1993 |