Results.
7 judgments found.
|
|
|
| January 1994 |
|
|
Employer may enforce medical retirement where employee is unfit; special scheme announcement confers no automatic entitlement.
-
Employment law — Early retirement schemes — Discretion in acceptance of applicants — Announcement of scheme does not create contractual entitlement — Medical retirement permissible where employee unfit, subject to fair exercise of discretion.
|
27 January 1994 |
|
Evidence of common intention and malice established murder; limited mitigation avoided death, resulting in lengthy imprisonment.
-
Criminal law — Murder — Malice aforethought and common intention/joint enterprise — Circumstantial and eyewitness evidence — Post‑mortem injuries — Mitigation and avoidance of mandatory death under statutory provision
|
27 January 1994 |
|
Conviction for aggravated robbery upheld; death sentence set aside because particulars omitted firearm and replaced by 30-year term.
-
Criminal law — aggravated robbery — conviction upheld where evidence established theft and force — sentencing error where particulars did not allege use of firearm — Section 294(2) inapplicable without proper charge or amended particulars.
|
18 January 1994 |
|
Prolonged observation upheld eyewitness identifications; convictions affirmed, sentences reduced from 30 to 20 years with hard labour.
-
Criminal law — Aggravated robbery — Identification evidence at night — Opportunity to observe and role-specific identifications — Identification parade fairness — Recovered property as corroboration — Sentencing: gang robbery, reduction for absence of excessive violence.
|
18 January 1994 |
|
Insurer under an "Act only" statutory policy is liable only to the K10,000 per-person limit; damages must be apportioned among tortfeasors.
-
Motor-vehicle insurance — "Act only" policy under Part IX Roads and Road Traffic Act — statutory and policy limits of liability (K10,000 per person; K40,000 per accident) — apportionment of damages among joint tortfeasors — insurer’s liability governed by contract and statute.
|
18 January 1994 |
|
Appellant's admitted assault without intent to kill warranted substitution of a manslaughter conviction and a five-year sentence.
-
Criminal law — murder v. manslaughter — intention to kill — admissibility and weight of accused's confession and testimony — substitution of conviction on appeal — sentencing reduction.
|
18 January 1994 |
|
Temporary occupation constituted a licence, not subletting; termination was void and tenancy restored with damages awarded.
-
Landlord–tenant law — licence v. subletting — Rent Act s.13(1)(g) — temporary occupation and surrounding circumstances determine licence; payment not dispositive — wrongful termination and damages for deprivation of possession.
|
5 January 1994 |