Results.
17 judgments found.
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| December 2000 |
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An unpaid seller’s lien covers only the unpaid price; wrongful seizure of a paid vehicle entitles the applicant to its value and interest.
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Sale of Goods Act — unpaid seller’s lien limited to unpaid price — no lien for storage, resale loss or usurious interest — no open-ended detention 'until trial' — wrongful seizure of fully paid goods — costs follow the event
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31 December 2000 |
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Court held regular allowances are not part of "basic salary" for calculating redundancy pay; only notice-period allowances awarded.
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Employment law — redundancy pay — meaning of "basic salary"/"basic pay" — regular allowances (hardship, housing, transport, education, canteen) excluded from basic salary by contract and conditions of service — entitlement limited to notice-period allowances.
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28 December 2000 |
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Single-judge payment-into-court order upheld; leave granted to adduce fresh evidence under Ladd v Marshall tests.
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Civil procedure — Payment into court — Whether payment attracts interest; Evidence — Admission of fresh evidence on appeal (Ladd v Marshall tests; s.25 Supreme Court Act); Evidence — Oral submissions at bar cannot substitute sworn evidence; Costs — Reversal of single-judge orders
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28 December 2000 |
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Conflicting affidavits in originating summons require oral evidence; High Court order quashed and matter remitted.
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Rent Act — originating summons — where affidavits materially conflict court must adjourn into open court for viva voce evidence — necessity to give reasons for conclusions — remittal for rehearing.
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14 December 2000 |
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Dismissal for misappropriation upheld despite citation error; evidence and procedures found sufficient, appeal dismissed with costs.
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Employment law — dismissal for misappropriation — disciplinary provisions Clauses 20:1-15 vs 20:1-18 — Disciplinary Code Sections 8 & 10 — recovery from terminal benefits — proof on balance of probabilities — natural justice observed.
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14 December 2000 |
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Conflicting affidavits in an originating summons require viva voce hearing; High Court order quashed and matter remitted.
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Landlord and tenant — Rent Act s.13(1)(b) — originating summons — conflicting affidavit evidence — duty to adjourn to open court for viva voce evidence and cross-examination — requirement to give reasons — remittal for de novo hearing
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13 December 2000 |
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An acquittal does not preclude lawful dismissal where employer proves misappropriation; terminal benefit deductions were lawful.
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Employment law — termination for misconduct — misappropriation of employer funds — disciplinary code and Conditions of Service — proof on balance of probabilities — deductions from terminal benefits — acquittal in criminal proceedings does not preclude lawful disciplinary dismissal
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13 December 2000 |
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Manufacturer held liable for negligence after consumer found dead lizard in beer; damages reduced for lack of medical evidence.
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Product liability — negligence in manufacture — contaminated consumable found post-purchase — Donoghue v Stevenson principles — intermediate examination — preservation of physical evidence — refusal of court inspection of plant — quantum of damages; need for medical evidence to support large awards.
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12 December 2000 |
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Manufacturer liable for selling beer containing a dead lizard; damages reduced due to insufficient medical evidence.
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Tort — Product liability — Negligence — Duty of care in manufacture and sale of consumer goods — Proof of contamination and preservation of evidence — Refusal to inspect premises — Quantum of damages reduced for lack of medical evidence
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11 December 2000 |
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Respondent’s repeated application of 'love portions' after protest satisfied unreasonable behaviour on balance of probabilities, allowing divorce.
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Matrimonial Causes Act s.1(2)(b) — unreasonable behaviour — standard of proof is balance of probabilities — application of love portions may render cohabitation unreasonable — appellate intervention for misdirection on facts and law.
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5 December 2000 |
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A genuine belief in witchcraft may be an extenuating factor reducing a murder death sentence to imprisonment.
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Criminal law — Murder — Sentencing — Extenuating circumstances — Genuine belief in witchcraft — Trial court misdirection — Reduction of death sentence to long-term imprisonment — Medical evidence for mitigation.
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5 December 2000 |
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Court reduced concurrent 20-year manslaughter sentences to 15 years for failure to give plea credit and consider youth.
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Sentencing appeal — manslaughter — failure to give credit for plea — youth and mitigation not adequately considered — inappropriate reasoning treating offence as between murder and manslaughter — excessive sentence.
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5 December 2000 |
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Where the appellant permanently left the matrimonial home, the administrator properly treated the house as distributable to minors.
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Succession — intestate administration — matrimonial home and minority interest — widow's occupation rights where divorce pending — administrator's duty to act in best interests of minor children — distribution of estate.
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5 December 2000 |
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Dismissal for drunkenness and misuse of company property upheld where prior similar misconduct and lack of explanation justified discipline.
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Employment law — dismissal for misconduct (drunk on duty; misuse of company property) — natural justice (opportunity to be heard) — relevance of prior misconduct — appellate review of findings of fact.
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5 December 2000 |
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Court increased applicant’s post-divorce relief, ordered transfer of an income-generating property and an education lump sum, applying customary law and equity.
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Family law — Divorce — Property adjustment and maintenance — Application of Ushi customary law and English divorce principles — Equity and law concurrent application — Courts must base findings on record — Transfers to related company to defeat claim disregarded — Repugnancy clause of customary law
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4 December 2000 |
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Dismissal for repeated drunkenness on duty was lawful; no breach of natural justice, appeal dismissed.
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Labour law — dismissal — drunkenness on duty — summary dismissal — rules of natural justice — prior misconduct relevant to discipline
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4 December 2000 |
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A spouse’s use of 'love portions' can constitute unreasonable behaviour establishing irretrievable breakdown on the balance of probabilities.
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Domestic relations — Divorce — Unreasonable behaviour (use of 'love portions' and herbs) — Irretrievable breakdown — Standard of proof: balance of probabilities
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4 December 2000 |