Results.
6 judgments found.
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| January 2002 |
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Specific performance ordered where evidence conclusively established payment of the deposit despite the trial judge’s contrary finding.
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Specific performance — contract for sale of land — payment of deposit — sufficiency of evidence and appellate interference with trial judge’s factual finding — possession and improvements by purchaser.
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25 January 2002 |
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Appeal dismissed: court upheld trial judge's resurvey/demarcation to give effect to ambiguous land bequests.
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Wills — ambiguous bequests as to land extent — reliance on contemporaneous approved survey diagram — role of trial judge's site inspection and factual findings — appellate reluctance to disturb demarcation and resurvey orders.
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17 January 2002 |
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Judicial review cannot be used to challenge Acts of Parliament; Article 79 gives Parliament broad power to alter the Constitution.
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Constitutional law — Amendment of Constitution — Scope of Article 79 — Parliamentary power to alter Constitution — Judicial review not available to challenge Acts of Parliament — Basic structure doctrine inapplicable
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12 January 2002 |
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Judicial review challenging customs seizure is subject to s.164(4)’s mandatory three‑month time bar and cannot be extended.
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Customs and Excise Act s.164 — meaning of "process" — judicial review included; Commissioner‑General is an "officer"; s.164(4) imposes mandatory three‑month limitation; Order 53 extensions inapplicable to s.164(4) time bar
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11 January 2002 |
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Supreme Court lacks jurisdiction to stay execution of its final judgment absent an appeal pending before it.
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Civil procedure — Stay of execution — Whether Supreme Court can stay its own final judgment — Inherent jurisdiction, common law and foreign authorities inapplicable where no appeal pending before the Court
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4 January 2002 |
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High Court refused to halt or review the presidential election process; presidential election disputes lie to the Supreme Court and post‑election remedies.
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Constitutional law — Presidential elections — Jurisdiction of courts — Article 41/Electoral Act — Judicial review not available to arrest presidential election process — Returning Officer’s lack of discretion to delay declaration — Election petitions to Supreme Court; premature applications
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1 January 2002 |