Results.
18 judgments found.
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| September 2000 |
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A caretaker’s secret acquisition of tenancy from the Council constituted fraud and invalidated the title; appeal dismissed.
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Tenancy law — subtenancy/caretaker occupation — clandestine procurement of tenancy transfer from local authority — fraud as ground to set aside title deeds
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24 September 2000 |
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Notice to complete need not be formal; specific performance denied where claimant comes with 'dirty hands' due to fraud.
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Land law — notice to complete — no prescribed form required; rescission for non‑payment. Civil procedure/Equity — specific performance discretionary; barred where claimant has unclean hands due to fraud; receiver/attorney fraudulent procurement of duplicate titles
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14 September 2000 |
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Court allowed joinder and granted out-of-time leave to appeal, but refused security for costs for non-compliance with Order 59.
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Civil procedure — Joinder of administrator — requirement to file letters of administration; Leave to appeal out of time — granted with filing directions; Preliminary objection to bench composition — withdrawn; Security for costs — refusal for non-compliance with Order 59 (promptness, cost estimate, special circumstances).
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14 September 2000 |
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Bank not liable for third party purchaser’s wrongful acts after release of title deeds to reputable solicitors.
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Banking law — Release of title deeds — Reliance on representations of solicitors — Public policy permitting trust in legal practitioners; Tort — Conversion of title deeds — Causation and remoteness — novus actus interveniens by third party purchaser; Measure of damages for conversion where deeds later recovered
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12 September 2000 |
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Appeal allowed and retrial ordered where boundary determination rested on inconclusive evidence and absent surveyor's report.
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Civil procedure — Boundary dispute — Site visit impeded by flooding — Absence of surveyor’s report — Evidence inconclusive — Retrial ordered — Beacons essential to boundary determination.
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10 September 2000 |
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Procedural defaults and hearsay do not bar trial of triable issues; default judgment quashed and matter remitted for trial.
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Civil procedure — setting aside default judgment — triable issues preferred to procedural technicalities; defective/hearsay affidavit not determinative; Intestate Succession Act — recognition of polygamous marriage — administrator appointment dispute — requires full trial.
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7 September 2000 |
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Appellate court declined to disturb a Deputy Registrar’s damages assessment despite limited evidentiary support.
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Labour law — assessment of damages — appellate interference — evaluation of evidence and judicial discretion in awarding unpaid salary progression and distress damages.
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7 September 2000 |
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Acceptance of an inevitable tyre-burst defence without proof of a defective tyre negates liability.
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Civil negligence — motor-vehicle collision — inevitable accident (tyre burst) — admissibility of unpleaded defence — requirement of evidence to prove defective tyre before apportioning liability.
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7 September 2000 |
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Delayed payment of terminal benefits attracts interest despite permissive rent-free occupation; counterclaim for rentals fails without agreement.
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Employment law — terminal benefits — entitlement to interest on delayed payment; Company housing — permissive rent-free occupation; Counterclaim for rent — no contractual obligation to pay rent established; Appeal dismissed.
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7 September 2000 |
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Appellant was not a sitting tenant, no fraud was shown, and the Lands Tribunal lacked jurisdiction under Cap.185.
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Lands Tribunal — assignment of council house — entitlement of occupier under Ministry circular — sitting tenant — absence of tenancy transfer — alleged fraud — jurisdiction under Lands and Deeds Registry Act, Cap.185 limited to land disputes
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6 September 2000 |
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Appeal against a 15-year manslaughter sentence allowed; reduced to 10 years due to mitigation despite weapon use.
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Criminal law — Sentencing — Appeal against sentence — Consideration of aggravating factor (use of spear) and mitigating factors (first offender, remorse) — Reduction of excessive term.
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5 September 2000 |
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Whether aggravated robbery could stand where accused was alone and unarmed; conviction substituted to robbery and sentence reduced.
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Criminal law — Robbery v. aggravated robbery — sufficiency of identification and recent possession evidence — substitution of conviction and adjustment of sentence.
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5 September 2000 |
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Recent possession of identified stolen property and an implausible explanation justified affirming aggravated robbery convictions.
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Criminal law — Aggravated robbery — Recent possession as evidence — Credibility of explanation for possession — No obligation to quash conviction for failure to trace named third party absent a credible defence.
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5 September 2000 |
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A bona fide purchaser-employee entitled to vacant possession despite occupier’s humanitarian stay.
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Property law — vacant possession — bona fide purchaser of former employer housing — sitting tenant not sole qualifying criterion — forum shopping and injunctions — summary relief on affidavit evidence.
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5 September 2000 |
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Illegally executed warrant of distress without court leave justifies substantial compensatory and separate punitive damages; appeal dismissed.
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Tort — wrongful distress and trespass — execution of warrant without court leave and at wrong premises; measure of damages for wrongful distrain; exemplary/punitive damages as separate head; deterrence for contumelious conduct.
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5 September 2000 |
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Whether an employee was wrongfully dismissed for strike participation and the correct remedy and calculation date for benefits.
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Labour law — wrongful dismissal — individual assessment of union members' participation in strike — res judicata not available if not pleaded — burden of proof and witness calling — damages calculated from date of severance; interest.
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5 September 2000 |
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Whether a bank in receivership or liquidation may continue charging interest, including compound interest, on debts owed to it.
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Company law; banking in receivership/liquidation; recovery of debts; judgment debts; interest and compound interest; Judgments Act
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4 September 2000 |
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The applicant’s claims were statute-barred at commencement; dismissal of Order XIII summons and appeal was affirmed.
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Civil law — Summons under Order XIII — summary judgment — whether action was statute-barred at commencement — statute-barred defence upheld
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4 September 2000 |