Results.
9 judgments found.
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| November 1998 |
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A written offer accepted by deposit can form a binding land sale; time was not of the essence and later purchaser had notice.
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Contract law — Statute of Frauds: written note/memorandum sufficiency; land sale — specific performance appropriate remedy; time of essence — construction and notice required to make time essential; bona fide purchaser — constructive notice from tenant in possession defeats purchaser without notice
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30 November 1998 |
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Court upheld order for re‑valuation and accounting of sold mortgaged properties and stayed execution pending accounting.
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Mortgagee’s duty to obtain best possible price — re‑valuation of sold mortgaged properties at date of sale permissible — retrospective valuation allowed (deduct improvements) — account of sale and stay of execution where mortgagee failed to account.
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25 November 1998 |
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Section 30(1) requires elections but permits directory/procedural flexibility; administration-proposed procedure accepted by staff does not void election.
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University Act s.30(1) — Election of Deans/Directors — requirement to hold elections mandatory but procedural form directory; Mandatory versus directory statutory provisions; Declaratory relief discretionary; Validity of election where staff acquiesce to administrative procedure.
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24 November 1998 |
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A court should not bar the applicant from representing an accused merely because the applicant may be called as a witness; withdrawal is desirable, not mandatory.
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Criminal procedure — advocate as witness — statements at the bar are not evidence — presence in court does not automatically disqualify a witness — desirability (not illegality) of withdrawal where counsel may be called as witness — Order 5 High Court Rules applies to civil, not criminal, proceedings.
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17 November 1998 |
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Whether the respondent met constitutional citizenship/parentage requirements and whether electoral defects voided the presidential election.
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Constitutional law — Presidential election — citizenship and parentage qualifications at independence; full bench composition; counsel (minister) appearance; standard of proof in constitutional election petitions; bribery/treating and electoral irregularities; systemic registration flaws
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9 November 1998 |
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Resignation not set aside where forged board minute justified potential summary dismissal; no pleaded claim for emoluments or shares.
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Employment law — resignation alleged to be induced by duress — forged/cooked board minute — misconduct justifying summary dismissal — burden of proof on employee to establish coercion — no pleaded claim for withheld emoluments or shares.
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5 November 1998 |
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Conviction upheld where possession of recently stolen property corroborated identification despite potentially interested witness.
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Criminal law — Aggravated robbery — Identification evidence — Witness with possible interest/accomplice — Corroboration by possession of recently stolen property — Mandatory minimum sentence.
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5 November 1998 |
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Provocation insufficient to reduce murder but may mitigate sentence; multiple aggravated robberies with severe injury justify harsher than minimum sentence.
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Refusal of provocation defence where violence is disproportionate; extenuating circumstances under Section 202(a)&(b) mitigate sentence; sentencing: back-dating custody, mandatory minimums, multiple offences and severe injury justify increased sentence
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3 November 1998 |
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Trust for purchaser who paid purchase money but had title registered in another’s name held lawful under s.4(i); transfer ordered.
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Trusts Restriction Act — s.3(c) prohibition on dispositions vesting property in possession at a future date — s.4(i) exception for trusts terminable at beneficiary's will — resulting/constructive trust where purchaser funds purchase but title taken in another's name — equity will not permit illegality to be used as instrument of fraud.
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2 November 1998 |