Results.
6 judgments found.
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| October 1998 |
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Whether the court should vary its judgment to deem the applicants retrenched from the judgment date rather than redundancy date.
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Civil procedure — Variation of judgment — Rule 78 — correction of alleged slip or omission — whether effective date of retrenchment may be altered; Employment law — unlawful redundancy — legal effect of null and void redundancy and entitlement to damages; Unjust enrichment considered in varying judgments.
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30 October 1998 |
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A late, five‑year challenge to the Court's judgment on alleged non‑party status was frivolous and dismissed with costs.
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Appeal — parties — joinder by leave to appeal — validity of appeal where appellant was not party in lower court; Review of court's own judgment — rarity and rule 78; Abuse of process — late challenge to final judgment; Costs against counsel for frivolous motion.
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30 October 1998 |
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Applicant summarily dismissed unlawfully; six months’ pay upheld and damages for distress increased to K2,000,000.
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Employment law — wrongful/summary dismissal — fixed-term contract without termination clause — reasonable notice in lieu (six months) — duty to mitigate — damages for mental distress increased for inflation and precedent — interest discretionary.
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30 October 1998 |
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Defamation award reduced due to limited publication, lack of evidential production, and inadequate factual findings.
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Defamation — assessment of damages — broadcast in vernacular, single late‑night transmission, anonymous letter not produced — failure to make specific factual findings — appellate reduction of excessive award.
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30 October 1998 |
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A director’s formation of a competing company can justify an interim injunction to protect the applicant’s operations pending trial.
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Company law — interim injunction — director/shareholder forming competing company — conflict of interest — alleged interference with corporate contracts — relevance of section 216 Companies Act questioned but not decisive.
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27 October 1998 |
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Appellate court refuses to overturn conviction where trial judge's credibility findings were reasonable and well‑reasoned.
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Criminal law — aggravated robbery — credibility findings — appellate review standards (NKHATA; RISBEY) — when appellate court may interfere with trial judge’s factual findings — fabricated defence story — demeanour evidence.
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6 October 1998 |