Results.
8 judgments found.
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| 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 |