Results.
11 judgments found.
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| September 1993 |
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A court may not extend a stay to constituencies or persons who are not parties to the proceedings without proper application.
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Parliamentary representation — Stay of by-elections — Scope of interlocutory relief — Jurisdiction to bind non-parties — Orders too general or vague — Costs in constitutional/interlocutory appeals.
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23 September 1993 |
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A litigant cannot succeed on a materially different case from that pleaded; a valid resignation terminate employment if acted upon by the employer.
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Employment law — resignation — validity of resignation — pleading vs. evidence — radical departure from pleaded case — duress alleged but not pleaded — withdrawal of resignation — damages measured by notice period.
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14 September 1993 |
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Written agreement amounted to a sale but was unenforceable for non‑registration; purchaser acquired equitable interest and may apply to register out of time.
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Conveyancing — Written agreement construed as sale where full purchase price paid and possession taken — Interest in land requires registration under Lands and Deeds Registry Act s.4(1), s.5(2)(a) — Failure to register within statutory period renders document void and unenforceable (s.6) — Payment and possession may confer equitable interest — Corporate personality and factual unity; party properly sued where company operated as personal concern.
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9 September 1993 |
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Public identification and immediate apprehension upheld; concurrent 18-year sentences for repeated armed bicycle robberies confirmed.
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Criminal law — Identification evidence — Public identification and immediate apprehension — Sufficiency of identification to convict; Rejection of defence after holistic assessment; Sentencing for repeated armed robberies — concurrent 18 years upheld.
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9 September 1993 |
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Assessment and judgment obtained in defendant’s absence without proof of notice must be set aside and reheard under Order 35.
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Civil procedure — High Court Rules Order 35 (non-attendance) — Order 39 (review) — absence of defendant — proof of service of notice of trial — setting aside judgment obtained in absence — remittal for fresh assessment.
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9 September 1993 |
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Claimant lacking title to disputed market; misdescription found and eviction claim dismissed.
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Land law — possession proceedings under Order 113 (originating summons) — requirement to prove interest in land — misdescription/mistake in title/plan — rectification under Lands and Deeds Registry Act — court need not decide licence/consent where claimant lacks title.
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8 September 1993 |
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Out-of-time application for new business tenancy barred by mandatory statutory period; leave must be sought and justified.
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Landlord and Tenant (Business Premises) Act Cap 440 — s.10(3) mandatory timing for new-tenancy applications — s.10(4) discretion to permit out-of-time application only on tenant’s application showing sufficient reasons — court cannot infer leave from conduct — advocate’s error or good tenancy not sufficient.
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8 September 1993 |
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The appellants' challenge to conviction and 15-year mandatory sentence dismissed; identification and possession evidence upheld.
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Criminal law — aggravated robbery — identification at police station — immediate possession of stolen property — credibility findings — mandatory minimum sentence — appeal dismissed.
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7 September 1993 |
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Circumstantial evidence upheld for murder; drunkenness aggravates sentence; pleaded defence raised triable issues so trial must proceed.
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Criminal law — Circumstantial evidence — Sufficiency of last-seen evidence and absence of explanation to sustain murder conviction; Sentencing — Drunkenness not mitigating but aggravating; Civil procedure — Pleadings — Whether defence discloses triable issues — striking out application resisted.
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7 September 1993 |
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The appellant's accidental-discharge defence rejected where medical and eyewitness evidence showed fatal gunshots to the deceased's back.
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Criminal law — murder — defence of accidental discharge — credibility of eyewitness — postmortem evidence showing gunshot wounds to the back — appeal dismissed.
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7 September 1993 |
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Defence raising disputed ownership and unresolved subordinate-court matters constituted triable issues; appeal dismissed.
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Civil procedure — striking out pleadings — failure to disclose triable issues — sufficiency of pleaded matters (disputed ownership and unresolved subordinate-court findings) — appellate review of Registrar's striking out order.
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2 September 1993 |