Results.
65 judgments found.
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| December 1994 |
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High Court's 'unlimited' jurisdiction is subject to statutory procedural limits; acquisition law complies with Article 16(1).
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Constitutional and administrative law — High Court 'unlimited jurisdiction' — limits imposed by statutory procedure (State Proceedings Act s.16) — Lands Acquisition Act and Article 16(1) (adequate compensation) — validity and effect of statutory instruments — retrospective effect as to procedure — burden to prove bad faith — public grants, undue influence and deduction from compensation — s.11(4) condition precedent and postponement of compensation
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31 December 1994 |
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Whether a purchaser’s non‑completion after State consent amounted to repudiation and whether the seller’s cancellation letter validly rescinded the contract.
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Contract law — Sale of land — Condition precedent: State’s consent to assignment — Notice to complete and rescission for repudiation — Effect of tender of purchase price; entitlement to specific performance or possession/mesne profits.
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28 December 1994 |
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An appeal against the Local Government Service Commission does not automatically stay its reinstatement order; a discretionary stay must be sought.
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Administrative law — Local Government Service Commission decisions — Effect of appeal — Whether appeal operates as stay of execution — Stays pending appeal discretionary under tribunal appeal rules; employment reinstatement orders and enforcement
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7 December 1994 |
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Appeal dismissed: complainant's contemporaneous identification after ample observation upheld as reliable.
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Criminal law — Aggravated robbery — Identification evidence and recognition — Opportunity to observe — Reliance on police statements not put to witness — Absence of incriminating items on accused — Appeal against conviction dismissed.
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6 December 1994 |
| November 1994 |
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High Court’s "unlimited" jurisdiction is subject to statutory procedural and substantive limits; Lands Acquisition Act upheld.
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Constitutional law — High Court "unlimited jurisdiction" — scope and limits; State Proceedings Act s.16 — injunctive relief against the State; Statutory instruments — coming into force, retroactivity, Article 80 and Cap.2; Lands Acquisition Act — compliance with Article 16(1) (adequate compensation/referral to court); presidential powers to amend laws (s.6 transitional adaptations); bad faith and undue influence in compulsory acquisition; offset/recovery of government grants in compensation assessment; condition precedent in s.11(4)
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30 November 1994 |
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Awarding interest on a debt is discretionary and requires consideration of the parties' conduct before summary judgment.
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Interest on debt — discretionary award under Law Reform Act — interlocutory assessment in summary proceedings — court must consider parties’ conduct — triable issues v. summary judgment
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28 November 1994 |
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Conditional verbal threats causing alarm are actionable; accomplice testimony requires independent corroboration, so the witchcraft conviction was quashed.
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Criminal law — Threats (s.90 Penal Code) — Conditional verbal threats causing alarm — Right to counsel/adjournment — Accomplice evidence requires independent corroboration — Witchcraft offences.
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1 November 1994 |
| October 1994 |
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The appellant failed to prove Zambian citizenship; the deportation order was valid and properly signed by the Deputy Minister.
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Immigration and deportation — citizenship by birth or descent — burden of proof and credibility — validity of deportation warrant signed by Deputy Minister (Interpretation Act) — statelessness and established resident status — section 3 appendix 3 vol. X (Northern Rhodesia) inapplicable where birth/parentage not proved
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24 October 1994 |
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An appellant may not raise a recusal/bias complaint on appeal that was not raised in the lower court; executive relief under s24 is preferable.
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Immigration and deportation — extensions of stay — recusal and bias — raising new grounds of complaint for first time on appeal — executive remedy under s24 Immigration and Deportation Act
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19 October 1994 |
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Payment given as appreciation, not proved to be corrupt gratification; conviction under Corrupt Practices Act quashed.
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Corrupt Practice Act s25(1) — element of corrupt intent — mere payment not an offence per se — must be shown to be an inducement or reward; accomplice testimony and marked notes insufficient without proof of corrupt motive.
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18 October 1994 |
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Appeal allowed — trial misdirection about an alleged confession and evidential deficiencies rendered the conviction and death sentence unsafe.
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Criminal law — admissibility of confession — adequacy of trial judge's direction on alleged confession and inducement; Identification and possession evidence — recovery of stolen motor vehicle shortly after robbery as circumstantial link; Safety of conviction and death sentence.
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18 October 1994 |
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Conviction upheld on circumstantial evidence and recent possession despite contested confession and no fingerprint evidence.
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Criminal law — murder and aggravated robbery — admissibility of confession after delay and alleged inducement — trial within trial — fingerprint evidence and duty to lift prints — circumstantial evidence and doctrine of recent possession — appeal against conviction.
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18 October 1994 |
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Six‑month military sentences found excessive and suspended for 24 months given mitigating circumstances.
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Defence Act offences — disgraceful conduct, disobedience, drunkenness, insubordination — sentencing appeal — mitigation (first offenders, compensation) — custodial sentence excessive and suspended.
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18 October 1994 |
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Appellate court quashed acquittal based on inadmissible cautioned statements and entered conviction with 15-year sentence.
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Criminal law — aggravated robbery — admissibility of warned and cautioned statements — improper reliance on excluded or unled statements — appellate courts may quash acquittal and substitute conviction where evidence is overwhelming.
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4 October 1994 |
| September 1994 |
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Appeal allowed: nullification of transfer and nominal damages set aside where relief was unpleaded and award misdirected.
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Administrative law — transfer of public servant — mala fides — relief not pleaded — inadmissibility of post-litigation evidence to prove mala fides — nominal damages awarded only upon successful cause of action.
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29 September 1994 |
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Appeal allowed; trial judge erred by making no order due to illegality—case remitted to resolve contract existence and specific performance.
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Contract law — illegality and its consequences — whether trial judge may decline to make any order because of illegality; application for leave to issue writ of possession; existence of contract despite illegal performance clause; specific performance (deed of assignment); remittal for retrial.
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27 September 1994 |
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Failure to plead special damages is not fatal if no prejudice, but substantial medical claims require satisfactory documentary proof.
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Assessment of damages — Special damages — Necessity of pleading and prior notice — Failure to plead not fatal absent prejudice — Requirement of satisfactory documentary proof for substantial medical expenses — Global award for continuing pain and loss of amenities
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26 September 1994 |
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Where limitation under s.115 was raised before evidence the trial court should have struck out the action; appeal allowed and costs awarded.
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Civil procedure — statutory limitation — whether action barred under s.115 TZRA Act — striking out pleadings when limitation raised before evidence; Appeal heard in absence of respondent under Rule 71(1)(b); Interlocutory relief — continuation/dissolution of injunction where Deputy Registrar has given summary judgment; Procedural irregularity — duty to place material before trial judge; costs following successful appeal.
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20 September 1994 |
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Police officer’s inconsistent miscount defence rejected; corroborated evidence established theft and appeal dismissed.
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Criminal law — Theft by public servant — Evidence and corroboration — Credibility of accused’s inconsistent statements — Miscounting defence examined and rejected.
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8 September 1994 |
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Applicant had no accrued right to appeal the judgment; leave granted to appeal the post‑judgment assessment of damages.
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Statutory commencement—absence of Statutory Instrument—no accrued right of appeal; repeal and non‑retrospectivity of new Act; assessment of damages made after commencement appealable; without‑prejudice correspondence inadmissible to show matter pending
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6 September 1994 |
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Out‑of‑time appeal allowed and an excessive 36‑year aggravated robbery sentence reduced to 20 years.
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Criminal law — Aggravated robbery — Sentence — Excessive sentence — Appeal out of time — Substitution of sentence — Hard labour.
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6 September 1994 |
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Failure to serve and cite the Attorney General as required by statute rendered judicial criticisms unjustified; appeal allowed.
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State Proceedings Act — service on State — necessity to cite and serve Attorney General (s.12) — proof of service (s.13) — review of judgment containing unjustified derogatory remarks — procedural requirements for originating proceedings against government departments.
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1 September 1994 |
| August 1994 |
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Successful plaintiff entitled to interest under Cap 74 without pleading and to costs absent misconduct.
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Assault and damages — award of interest under Law Reform (Miscellaneous Provisions) Act Cap 74 s.4 — no need to plead interest — successful plaintiff ordinarily entitled to costs absent misconduct — English rule changes do not affect Cap 74
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25 August 1994 |
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Material contradictions in witness evidence and poor investigation led to quashing an aggravated robbery conviction and substituting store-breaking.
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Criminal law — Aggravated robbery — Sufficiency and consistency of witness testimony — Effect of material contradictions on credibility; Criminal procedure — Charging decisions and police investigation affecting proof of offence; Appeal — Substitution of conviction for a lesser offence.
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23 August 1994 |
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Appeal allowed: convictions based solely on improperly admitted confessions obtained under alleged duress were quashed.
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Criminal law — admissibility of confessions — voluntariness and duress — trial within a trial — duty to give reasons — medical evidence of injuries supporting allegations of beating — convictions unsafe where they rest solely on improperly admitted confessions.
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23 August 1994 |
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Contradictory witness evidence and poor police handling meant aggravated robbery was not proved; conviction substituted to store breaking.
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Criminal law — sufficiency of evidence for aggravated robbery — witness contradictions and police misclassification — substitution of lesser conviction (store breaking).
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23 August 1994 |
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Driver’s failure to stop at a roadblock supports inference of guilty knowledge, sustaining joint possession conviction.
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Criminal law — unlawful possession of prescribed trophy — joint possession — driver’s knowledge inferred from failure to stop at roadblock — evidential sufficiency despite minor discrepancies; misdirection on exhibit ownership not fatal
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18 August 1994 |
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9 August 1994 |
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9 August 1994 |
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A third party cannot sue an insurer directly under section 137 for pure property damage; statutory protection covers personal injury/death only.
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Roads and Road Traffic Act — Construction of Part IX and section 137 — Direct claims against insurer limited to death/bodily injury; section 138 protection confined to such claims — Policy-condition breaches may bar property-damage claims
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2 August 1994 |
| July 1994 |
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Whether termination was discriminatory under section 108 depends on 'social status', not employer rank.
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Labour law — Termination of employment — Discrimination under s.108 — Meaning of 'social status' — seniority within employer not 'social status' — reinstatement inappropriate where misconduct proved
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27 July 1994 |
| June 1994 |
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Appeal dismissed: replacement value award upheld; 15% interest to judgment, statutory 6% applies post‑judgment.
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Civil damages — award of replacement value for seized property — entitlement to fair second‑hand replacement value; Interest on damages — pre‑judgment interest at awarded contractual/assessed rate (15%) upheld; post‑judgment interest governed by statute (6%) — conflict between Order 36 Cap 50 and Section 20 Cap 92 noted but not resolved.
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28 June 1994 |
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A court must consider the parties’ conduct before awarding interest on a debt; triable issues precluded summary judgment.
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Interest on debt — discretion to award interest under Law Reform (Miscellaneous Provisions) Act s.4 — summary judgment (Order XIII) — interlocutory assessment by analogy — conduct of parties relevant — existence of triable issues
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28 June 1994 |
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23 June 1994 |
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Appeal dismissed: identification by known victims was reliable and mandatory minimum sentence could not be reduced.
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Criminal law — Aggravated robbery — Identification evidence and parade — Caution with single witness identification — Credibility — Mandatory minimum sentence — Appeal against conviction and sentence.
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20 June 1994 |
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Volenti applies where plaintiff knowingly accepted worn-tyre risk; res ipsa loquitur cannot be used alongside alleged particulars.
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Damages — Negligence — Res ipsa loquitur: inappropriate where plaintiff pleads particulars; Burden of proof; Volenti non fit injuria — voluntary acceptance of known risk by employee/passenger; Appellate review — reversal where trial court’s factual evaluation is unbalanced or perverse
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8 June 1994 |
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Whether a police superior may lawfully vary or cancel a Regulating Officer's permit for a public meeting.
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Public Order Act — permit for public meeting — Regulating Officer’s discretion — police chain of command — lawful cancellation or variation of permit — freedom of speech and association — damages for wasted expenses.
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8 June 1994 |
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Conviction for aggravated robbery upheld where independent forensic and eyewitness corroboration supported an interested witness’s testimony.
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Criminal law — aggravated robbery — accomplice/witness with interest — requirement for corroboration — corroboration by recovered goods and ballistic evidence — application of proviso to uphold conviction.
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7 June 1994 |
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A company is bound by contracts made by its authorised agents and cannot avoid liability by asserting internal limitations on their authority.
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Contract of sale — specific performance — agency — apparent/ordinary authority of company agents — company cannot rely on internal limits to defeat third‑party rights (Turquand principle)
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7 June 1994 |
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Payment in lieu of notice, once paid in final settlement, ends the contract and excludes later backdated salary increases from applying to that payment.
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Employment law — payment in lieu of notice — effect of payment on termination of contract — no continuing obligation or consideration after settlement — retrospectively applied salary increases do not affect settled payments — entitlement to arrears for notice period not actually received
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6 June 1994 |
| May 1994 |
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31 May 1994 |
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A senior police Regulating Officer may lawfully cancel or vary a permit issued by a subordinate; no breach of assembly rights.
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Administrative law — Police permits — Authority to issue, cancel or vary conditions — Regulating Officer and chain of command — Superior officer’s lawful instruction — Public Order / freedom of assembly
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31 May 1994 |
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High Court's "unlimited jurisdiction" does not render statutory bars on injunctive relief against the State unconstitutional; existing laws must be read to conform with the Constitution.
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Constitutional law — scope of "unlimited jurisdiction" of High Court — limits on remedies against the State under State Proceedings Act s.16(1)(i) — construction of pre‑existing laws to conform with Constitution under s.6(1) — validity of presidential amendments of ordinary law by statutory instrument — compulsory acquisition and adequate compensation under Article 16(1).
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12 May 1994 |
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Appeal allowed where inadequate investigation and uncertain date of death undermined circumstantial case and defendant’s explanation could be reasonable.
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Criminal law — circumstantial evidence; proof of date of death; adequacy of police investigation; failure to trace third‑party alibi source; reasonableness of accused’s explanation for possession of proceeds.
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3 May 1994 |
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Supreme Court lacks jurisdiction to hear interlocutory bail appeals; recusal not raised below is not reviewable on appeal; immigration stay extensions belong to the executive.
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Criminal procedure — appeal jurisdiction — refusal of bail not appealable under section 32(1); Repealed statutes — rights limited to sentencing; Immigration law — extensions of stay are executive matters; Recusal — failure to raise below bars appellate review.
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3 May 1994 |
| April 1994 |
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Refusal to accept transfer and riotous conduct justified dismissal where fair disciplinary procedure and natural justice were observed.
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Employment law — master and servant — dismissal — disciplinary procedure — natural justice — refusal of transfer — inference of misconduct — remedy in damages.
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19 April 1994 |
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Eyewitness identification in daylight upheld; parade report admissible where author dead; conviction for armed robbery affirmed.
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Criminal law — armed robbery — identification evidence — identification parade — admissibility of police report under Evidence Act s.4 where author deceased — sufficiency of eyewitness identification — corroboration not required where identification reliable — inadequate alibi.
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18 April 1994 |
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5 April 1994 |
| March 1994 |
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29 March 1994 |
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The applicant may seek bail from the High Court for a murder charge; inquests are stayed pending criminal proceedings.
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Criminal law — Bail — Availability where accused is charged with murder or treason; subordinate courts lack power; High Court application required
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Inquest Act — s.6 mandates stay of inquest while criminal proceedings are pending; s.7 subject to s.6
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Procedure — Defective case stated may be treated as article 28(2) reference; Supreme Court jurisdiction to hear appeal
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16 March 1994 |