Results.
5 judgments found.
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| October 1995 |
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Leave to judicially review the Executive’s choice of parliamentary enactment over a constituent assembly was refused as legally untenable.
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Constitutional reform — judicial review of Executive decision on mode of adopting constitution — leave to apply for review — grounds: illegality, irrationality (Wednesbury), procedural impropriety — scope of Inquiries Act — standing and promptness
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31 October 1995 |
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Supreme Court precedent binds lower courts; discrimination alone does not justify reinstatement under the Industrial Relations Act.
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Employment law — unfair dismissal — misconduct: giving false information against subordinate and misuse of company property; Discrimination — meaning of 'social status' under s.198 Industrial Relations Act; Stare decisis — lower courts bound by Supreme Court precedent; Remedy — discrimination alone does not automatically justify reinstatement; Entitlement to pay in lieu of notice where wrongful dismissal established
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30 October 1995 |
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Court permits lump-sum damages including interest, sets aside ineffective Fatal Accidents award for a toddler, and reduces excessive damages to K300,000.
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Damages — quantum and interest — permissibility of lump-sum damages including interest; Fatal Accidents Act damages inappropriate for very young child; excessive award reduced to aggravated damages; specified interest rate
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19 October 1995 |
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Appellant's unchallenged confessions were held voluntary; conviction for murder and death sentence affirmed.
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Criminal law — Murder — Confession — Admissibility and voluntariness of confession — Failure to object at trial — Conviction on own confession upheld.
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15 October 1995 |
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Reinstatement for dismissal related to union activity is discretionary and will not be ordered absent exceptional circumstances.
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Industrial Relations Act — dismissal and trade union activities — reinstatement as discretionary remedy — reinstatement ordered only in exceptional circumstances (grossly unfair/vindictive dismissal) — remedies where pay in lieu of notice was given.
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12 October 1995 |