Results.
8 judgments found.
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| November 2003 |
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Appeal dismissed: first lease allowed compound interest, second did not; no penal interest, recomputation ordered, costs to respondent.
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Contract law — finance leases — interpretation of lease terms — compound interest versus contractual interest on arrears; penal interest — identification and permissibility under Banking and Financial Services Regulations; appellate review of factual findings and costs discretion.
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26 November 2003 |
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Court affirmed mother's custody, prioritizing the child's welfare and continuity over applicant's request to relocate the child abroad.
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Child custody — welfare principle paramount; Social Welfare reports and guardian ad litem evidence; continuity of care; jurisdictional limits on supervision; discretion to review custody and effect of non-attendance.
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24 November 2003 |
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Respondent's summary dismissal for passing unendorsed cheques was negligent not grossly negligent; accrued benefits awarded as damages.
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Employment law — wrongful dismissal — negligence versus gross negligence — interpretation of disciplinary code requiring loss for gross negligence — entitlement to accrued long-service benefits and pension as damages.
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15 November 2003 |
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Documentary title evidence established sole ownership; lower courts erred in finding equal contributions and sharing the property.
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Property law — ownership evidence — weight of documentary evidence proving purchase and change of ownership; contributions to construction — when oral assertions and plans do not rebut documentary proof; appellate interference where trial court ignores material documents (Nkhata principle); intestate succession implications.
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11 November 2003 |
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The appellant's council title documents established sole ownership; lower courts wrongly found equal spousal contribution.
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Family law — Property ownership — proof of title; municipal registry documents as prima facie evidence
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10 November 2003 |
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A 20-year sentence for violent aggravated robbery with an imitation firearm was upheld on appeal.
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Criminal law — Aggravated robbery — Use of imitation firearm and violence — Severity of sentence — Appellate interference only if sentence wrong in principle or shocking.
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4 November 2003 |
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Failed defences of provocation and intoxication pleaded at trial can amount to extenuating circumstances reducing a death sentence.
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Criminal law — sentencing — death penalty — extenuating circumstances — failed defences of provocation and intoxication — appellate consideration of points not raised below — Jack Chanda precedent.
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4 November 2003 |
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4 November 2003 |