Results.
133 judgments found.
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| 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 |
| August 2000 |
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An industrial tribunal may decline to deem a wrongful dismissal a retirement and award limited compensation absent exceptional circumstances.
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31 August 2000 |
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Whether a nullified dismissal requires deeming the applicant as retired absent exceptional circumstances; court affirmed discretionary compensation.
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Labour law — Industrial and Labour Relations Act s85A — remedies for unfair dismissal — discretion to award reinstatement, damages, or deem retirement — assessment of blame and exceptional circumstances in quantifying compensation.
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31 August 2000 |
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Unregistered, non-income-earning vehicle attracts no loss-of-business damages; capital award plus interest covers inflation; salvage goes to tortfeasor.
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Motor vehicle damage; unregistered vehicle; loss of business; capital value and interest as compensation for inflation; salvage vests in tortfeasor where full value recovered.
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31 August 2000 |
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Unregistered non-income-earning vehicle: no loss-of-business damages; capital award plus interest covers inflation; salvage goes to tortfeasor.
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Motor vehicle damage — assessment of damages — loss of business claims require evidence of income-earning at time of damage; inflation addressed by capital award and interest; salvage vests in tortfeasor where owner recovers full value.
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31 August 2000 |
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Promotion to non‑represented status removed collective agreement protection; court limited review to procedural fairness.
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Labour law — summary dismissal — applicability of collective agreement after promotion to non‑represented status — procedural fairness in disciplinary proceedings — limited scope of court review (not a rehearing of disciplinary findings).
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30 August 2000 |
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The respondent must plead exemplary damages and produce medical evidence to justify substantial damages for contaminated food.
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Negligence — restaurant duty of care — contamination of food (cockroach) — breach of duty under Food and Drugs Act; Damages — need for medical evidence to prove illness; Exemplary damages — must be specifically pleaded; Quantum of damages — appellate reduction of excessive award.
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24 August 2000 |
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Plaintiff must adduce credible medical evidence to sustain substantial damages for injury from contaminated food.
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Tort — Negligence — Duty of care and breach — Contaminated food — Quantum of damages — Necessity of credible medical evidence to prove consequential illness — Exemplary damages must be pleaded
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23 August 2000 |
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An ouster clause bars judicial review of a ministerial firearms-licensing decision based on executive security considerations.
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Administrative law — statutory discretion of Registrar under s26(2) Firearms Act; provisos limiting discretion; judicial review — exhaustion of remedies; ouster clause s12(7) — finality of ministerial appeal; non-justiciability of national security and executive policy considerations; reference to UN measures and regional security in licensing decisions
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23 August 2000 |
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Employer held vicariously liable for employee’s negligent driving while on an authorized family-emergency trip.
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Vicarious liability; scope of employment; frolic and detour; burden shifts to employer; authorization to use employer’s vehicle for family medical emergencies; application of FRASCHINI.
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22 August 2000 |
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Three convictions for theft/falsification quashed for insufficiency of evidence; conviction for unauthorized taking of cash upheld under section 265(2)(e).
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Criminal law — theft — unauthorized taking of cash under section 265(2)(e) — completed theft notwithstanding intent to repay; Evidence — insufficiency of third‑party assertions and documentary errors to prove theft; Military justice — credibility findings by court‑martial; Falsification and failure to record — liability where subordinate, not accused, made or omitted entry.
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22 August 2000 |
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Appellate court reduced a ten-year manslaughter sentence to five years, finding the trial judge's murder-like characterization unduly influenced sentencing.
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Criminal law — Manslaughter; sentencing — mischaracterisation of offence as murder; mitigation — honest belief in self-defence, circumstances at time of incident, and appellant's ill-health; appellate reduction of sentence.
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22 August 2000 |
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A pistol’s status as a "firearm" depends on its design and capability, not whether the ammunition found would fire in it.
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Criminal law — Armed aggravated robbery — Definition of "firearm" — Weapon’s design and capability govern classification — Wrong-calibre ammunition does not negate firearm status — Precedents: Timothy & Mwamba; Timothy Lunda.
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22 August 2000 |
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Court upheld aggravated robbery convictions, finding reliable identification and recovered property proved guilt beyond reasonable doubt.
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Criminal law — aggravated robbery — identification evidence and recognition in daylight — corroboration by recovery of stolen property and firearm — appellate review of trial judge’s evaluation of credibility and sufficiency of evidence.
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22 August 2000 |
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A weapon remains a "firearm" if capable of firing even when loaded with incorrect-calibre ammunition; conviction upheld.
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Criminal law — Armed aggravated robbery — Definition of "firearm" — Whether a pistol loaded with incorrect calibre ammunition remains a firearm — Wrong ammunition does not negate firearm status if weapon is capable of firing
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21 August 2000 |
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Recent-possession inference sustained where trial judge rejected accused’s explanation; appeal dismissed.
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Criminal law — Aggravated robbery — Recent possession doctrine — Accused's explanation for possession — Credibility and demeanour findings — Appellate deference to trial judge.
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9 August 2000 |
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Whether applicants were entitled to benefits beyond those expressly provided in the redundancy agreement, including retirement rules and allowances.
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Employment law — Redundancy agreement interpretation — entitlement to redundancy versus retirement rules — temporal effect of benefit increases — in-service allowances not necessarily part of redundancy package.
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9 August 2000 |
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Employer validly terminated employment by paying one month's salary in lieu of notice under the collective agreement.
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Employment law — collective agreement — termination by notice or pay in lieu (clause 7(c)) — distinction between dismissal and lawful contractual termination — remedy for procedural breach.
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9 August 2000 |
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Life sentences for manslaughter reduced to 30 years, balancing brutality of crime with guilty‑plea mitigation.
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Criminal law — Sentencing — Manslaughter — Brutal killings of officers — Weight of guilty plea and first‑offender mitigation — Protection of public officers — Substitution of sentence on appeal.
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8 August 2000 |
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Court reduced aggravated robbery sentence from 25 to 18 years, with the second appellant’s sentence pending an age report.
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Criminal law — Aggravated robbery (s.294(1)) — Sentence — Whether 25 years with hard labour excessive — Mitigation and substitution to 18 years — Age of second appellant subject to medical report.
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8 August 2000 |
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Eyewitness identification and recovery of stolen property upheld; appeal dismissed and sentence affirmed for aggravated robbery.
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Criminal law — aggravated robbery; eyewitness identification; identification parade; conduct of parade; corroboration by recovery of stolen property; credibility assessment.
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8 August 2000 |
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Whether a consent-ordered 90-day repayment period ran from the parties' agreed date or the judge's signing date.
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Civil procedure — Consent order — Interpretation of commencement date of agreed repayment period — Equitable mortgage — Possession and foreclosure — Appeal lacking merit.
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4 August 2000 |
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An interlocutory injunction was granted after the lower court improperly decided merits instead of weighing the balance of convenience.
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Civil law — Interlocutory injunction — Court must not decide merits of main action at interlocutory stage — Balance of convenience to be considered when granting or refusing interim relief
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3 August 2000 |
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Claimant failed to prove employer’s scheme used salary at death; appeal allowed and trial award overturned.
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Group life insurance — computation of death benefit — Renewal Date versus date immediately preceding death — burden of proof on claimant to establish applicable scheme rules — appellate review of trial findings.
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2 August 2000 |
| July 2000 |
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Appellant cannot use slip rule to avoid statutory Tariff Court remedy under Section 204; appeal dismissed with costs.
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Customs law — Section 204 (Customs and Excise Act) — statutory Tariff Court remedy for classification disputes — limits on judicial review; Civil procedure — slip rule (clerical error/accidental omission) — finality of appellate decisions — no re‑hearing absent exceptional circumstances (Pinochet distinguished); burden on appellant to prove compliance with statutory preconditions.
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18 July 2000 |
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Whether the respondents May 1993 letter was a resignation or a valid election for redundancy; court held redundancy entitlement.
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Employment law — Restructuring and redundancy — Whether communication amounted to resignation or exercise of redundancy option — Intention and factual findings — Evidence and non-response to letters as evidentiary weight — Remedies: redundancy pay, interest and costs.
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13 July 2000 |
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12 July 2000 |
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Appeal dismissed; eyewitness evidence and trial judge’s credibility findings upheld, convictions and sentences affirmed.
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Criminal law — murder and attempted murder — credibility of eyewitnesses — corroboration by independent witnesses — conspiracy and joint common purpose — rejection of accidental discharge, self-defence, property and provocation defences — failure to call witness does not always attract favourable inference.
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11 July 2000 |
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Employer not liable for overseas study costs where sponsorship was unauthorised and employee left without authority.
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Employment law — employer liability for overseas scholarship costs — requirement of managerial sanction; Administrative irregularity and unauthorised travel — effect on employer responsibility; Evidence of collusion in procurement of sponsorship; Relevance of dismissal/cessation of master-servant relationship to claims for educational expenses.
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2 July 2000 |
| June 2000 |
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Sheriff's statutory immunity protects officers; estoppel cannot be set up against a statute.
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Civil procedure — Sheriffs Act s.14 — statutory immunity of sheriff and officers — execution taken at instance of party issuing process — party liable for damages — estoppel cannot be set up against statute
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29 June 2000 |
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Employer liable to pay contractual retirement benefits where retirement notices were based on mistake and pension rules differed.
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Employment law — Retirement and pension — Conflict between collective agreement retirement provisions and pension fund rules — Employer’s liability for promised contractual retirement benefits — Wrongful retirement based on mistake of fact — Measure of damages — Repatriation benefits — Statutory Instrument No.99 of 1994.
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20 June 2000 |
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Whether a statutory amendment can extinguish the applicant's irrevocable accrued pension right without express abrogation.
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Employment law — pensionable age — accrued contractual rights under conditions of service — statutory amendment — Interpretation and General Provisions Act (s.14(3)(c)) — express abrogation required to extinguish accrued rights — damages for wrongful termination
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12 June 2000 |
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Appeals from the Industrial Relations Court must raise a point of law or mixed law and fact; findings of fact alone are not appealable.
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Industrial and Labour Relations Act s97 — Appeals to Supreme Court limited to points of law or mixed law and fact — Findings of fact by Industrial Relations Court not appealable in absence of legal issue — Alleged union-related discrimination raising factual findings only.
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7 June 2000 |
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An appointment conditional on board ratification does not create a binding employment contract absent ratification.
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Administrative law — Conditional appointment — Letter stating appointment "pending reconstitution of the Board" — Requirement of board ratification before contract arises; Contract law — formation of contract of service — condition precedent; Judicial review — remedies where no valid appointment; Contempt — improper correspondence disparaging bench.
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7 June 2000 |
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An appeal from a High Court appellate decision cannot proceed without statutory leave; the premature appeal was struck out.
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Appeal procedure — Leave to appeal required from High Court judge or, if refused, from Supreme Court — No inherent jurisdiction to bypass statutory leave — Premature appeal struck out — Costs awarded.
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7 June 2000 |
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Appellate court reduced a 12-year manslaughter sentence to six years, giving credit for guilty plea and first-offender status.
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Criminal law — Sentencing — Manslaughter — Whether sentence excessive — Credit for guilty plea and for first-offender status — Appellate interference with sentence; domestic violence not condoned.
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6 June 2000 |
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A conditional appointment requiring board ratification did not create a binding employment contract without such ratification.
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Contract law — conditional appointment letters — requirement of board reconstitution and ratification — whether condition precedent satisfied — no ratification, no binding contract
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6 June 2000 |
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Intoxication did not negate intent; appeal against murder conviction and mandatory sentence dismissed.
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Criminal law — Murder by arson — Intoxication and mens rea — Child eyewitness testimony — Mandatory sentence for murder.
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6 June 2000 |
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A parent and its wholly owned subsidiary were treated as one economic entity, validating subsidiary employees’ house‑sale claims; appeal dismissed.
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Company law — corporate veil — parent and wholly owned subsidiary treated as one economic entity; Employment law — entitlement of sitting tenants to purchase parastatal houses; Findings of fact — appellate interference limited to points of law or mixed law and fact; Remedy — enforcement and alternative relief to be considered by trial court.
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6 June 2000 |
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Appeal allowed: trial court's finding of unfair retrenchment was unreasonable and unsupported by the evidence.
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Industrial relations — retrenchment — unfair dismissal — reinstatement — appellate review of findings of fact as questions of law where findings are unsupported or unreasonable — misapprehension of evidence.
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6 June 2000 |