Results.
7 judgments found.
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| 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 |
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Whether damages should be expressed in US dollars where loss arose in foreign currency, and whether the Supreme Court had jurisdiction to hear a bail appeal.
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Civil law — Currency of damages — Where plaintiff raised local currency to obtain foreign currency actually paid to defendant, loss may be measured in foreign currency; absence of written contract requires factual inquiry
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Criminal procedure — Jurisdiction — No appeal lies against interlocutory orders refusing bail absent conviction/sentence; proper remedy is application to High Court; appeals decided without jurisdiction are void
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9 March 1994 |
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Purchaser’s administratrix cannot obtain specific performance where the purchase price remained unpaid; seller entitled to rescind and possession.
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Contract for sale — specific performance — purchaser’s failure to pay balance — rescission and right to possession — administratrix suing for specific performance — refund and currency — interest on refunded sums denied.
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9 March 1994 |
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Appeal dismissed: identification by prior acquaintance upheld and mandatory sentence confirmed.
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Criminal law — Aggravated robbery — Identification evidence and recognition of accused by prior acquaintance — Identification parade — Credibility of witnesses — Mandatory statutory minimum sentence — Appeal dismissed.
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9 March 1994 |
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A bona fide mistake in tendering a vehicle justified withdrawal, preventing the respondent’s claim for damages.
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Contract law — Unilateral/bona fide mistake — Tender sale — Meeting of minds (ad idem) — Withdrawal from offer — Specific performance and measure of damages.
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9 March 1994 |
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Known-accused identification and insufficiently particularised alibi led to dismissal of appeals against aggravated robbery conviction and sentence.
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Criminal law — Aggravated robbery — Identification where accused known to witnesses — Alibi: requirement for sufficient particulars — Evidence: absence of medical report or recovery of property not necessarily fatal — Minimum prescribed sentence.
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8 March 1994 |