Results.
7 judgments found.
|
|
|
| February 2000 |
|
|
The appellant insurer was not liable for boiler damage caused by the respondent's servant's wilful/negligent act under the policy.
-
Insurance — Boiler and pressure vessel policy — Definition of "collapse" — Damage caused by employee's wilful act/neglect — Policy exclusion for wilful act or wilful neglect — Insurer's repudiation upheld
|
29 February 2000 |
|
Eyewitness identification corroborated by possession of stolen vehicle upheld despite parade irregularity; appeal dismissed.
-
Criminal law — Identification procedures — Fair, proper and independent identification; irregularities may nullify identification only in proper cases — Corroboration by possession of stolen property; doctrine of recent possession not always required — Failure to produce third-party explanation not fatal where ID and possession are overwhelming — Sentence of 21 years not excessive
|
14 February 2000 |
|
A court refusing an ex parte injunction must convert the application to inter partes and hear both parties.
-
Civil procedure — Ex parte injunction — Where court inclined to refuse ex parte relief it must order the application to stand as inter partes summons — Procedural fairness — Appealability where procedural irregularity occurred
|
10 February 2000 |
|
A court may not expunge a registered trade mark without following statutory procedures; registration is prima facie valid.
-
Trade Marks Act — Section 57 prima facie validity of registration — statutory expunction/rectification procedures mandatory — distinction between statutory infringement and passing off — disputed factual issues (get‑up, likelihood of confusion) require rehearing
|
8 February 2000 |
|
Seizure and sale of a separately purchased vehicle was wrongful; owner entitled to its value with interest; costs shared.
-
Commercial law — lien and self-help — seizure and impounding of separate goods — right of resale under Sale of Goods Act — remedy of value and interest for wrongful seizure
|
8 February 2000 |
|
Respondents’ approved retrenchment terms cannot be unilaterally reduced; privatisation agency statutorily liable despite privity.
-
Privatisation Act s.39 — proceeds to support redundancies — statutory obligation of privatisation agency; employment law — unilateral variation of conditions of service — cannot worsen terms without consent; privity of contract inapplicable where statutory duty exists
|
8 February 2000 |
|
Appeal against armed robbery conviction and death sentence dismissed despite missing exhibits and alleged police failures.
-
Criminal law — Armed aggravated robbery — Identification evidence and witness credibility — Recovery of weapons and money from vehicle — Missing exhibits and alleged police dereliction — Appeal against conviction and death sentence.
|
1 February 2000 |