Results.
28 judgments found.
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| June 2003 |
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27 June 2003 |
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Appeal dismissed: trial court's findings of publishing false statements, undue influence, and treating were supported and not displaced on appeal.
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Electoral law — Election petition — Publication of false statements (Reg. 56(2)) — Undue influence (Reg. 54(1)(c)(ii)) — Treating (Reg. 53) — Appellate review limited to questions of law — Deference to trial judge on credibility and demeanor — Findings of fact not disturbed absent perversity or lack of evidence.
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25 June 2003 |
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Supreme Court upheld trial judge’s factual findings of false statements, undue influence and treating and dismissed the appeal.
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Electoral law — Election petition — Regulation 56(2) (publishing false statements); Regulation 54(1)(c)(ii) (undue influence); Regulation 53 (treating) — Appellate review of factual findings — Standard for disturbing trial judge’s findings of fact — Article 72(2) appeals limited to questions of law.
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25 June 2003 |
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A tribunal may restore struck‑out proceedings, but an intervenor must establish a clear proprietary interest against the registered owner to be joined.
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Lands Tribunal — power to restore struck‑out proceedings; joinder/intervention — must demonstrate clear interest against the party sought to be joined; claim against another party does not justify joinder; Limitation Act/ adverse possession considerations.
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11 June 2003 |
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Procedural defects do not render dismissal wrongful where employee’s culpability for a dismissible offence is undisputed.
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Employment law — wrongful dismissal — procedural fairness — rules of natural justice not decisive where employee’s culpability for dismissible offence is undisputed — misconduct may justify summary dismissal despite procedural defects.
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5 June 2003 |
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5 June 2003 |
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5 June 2003 |
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Rule 78 corrects clerical slips only; it cannot be used to review judgments or introduce new grounds not on appeal.
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Civil procedure — Supreme Court Rules — Rule 78 (slip rule) — limited to clerical errors and accidental slips or omissions — cannot be used for substantive review, reinterpretation of judgment, or to raise new points not included in the appeal.
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5 June 2003 |
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Court held that invoking a notice clause cannot mask dismissal for incompetence; employee must be heard and may recover damages.
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Employment law — termination by notice versus dismissal for conduct/performance — section 26A Employment Act requires an opportunity to be heard — Industrial and Labour Relations Act s85(5) permits courts to look behind notice to administer substantial justice — damages for mental distress and withheld contractual benefits — interest on awards.
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4 June 2003 |
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Termination by notice is wrongful where employer’s true reason is incompetence and statutory right to be heard was denied.
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Employment law — Termination by notice — Where real reason is conduct or performance employer must afford opportunity to be heard (Employment Act s26A) — Industrial Relations Court may probe behind notice to administer substantial justice (ILRA s85(5)) — Natural justice breach — Holiday allowance payable as condition of service — Damages for mental distress recoverable.
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4 June 2003 |
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Assessment of damages is abusive where parties have already settled the claim out of court.
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Civil procedure — assessment of damages — effect of out-of-court settlement — abuse of court process — dismissal of assessment application.
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4 June 2003 |
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An assessment application is improper and may be an abuse of process where the respondent has already paid a full and final settlement.
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Settlement out of court — Effect on assessment of damages — Application for assessment rendered unnecessary after full and final settlement — Abuse of court process where assessment pursued despite settlement — District Registrar's dismissal upheld.
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4 June 2003 |
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A failed defence of provocation is an extenuating circumstance warranting reduction of a death sentence to imprisonment.
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Criminal law — Murder — Sentencing — Provocation — Whether a failed defence of provocation constitutes an extenuating circumstance — Appellate substitution of death sentence with term of imprisonment.
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4 June 2003 |
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A failed defence of provocation can be an extenuating circumstance warranting reduction of a death sentence to long imprisonment.
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Criminal law — Murder — Provocation — Failed defence of provocation as potential extenuating circumstance at sentencing — Sentencing discretion — Substitution of death sentence with lengthy imprisonment.
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4 June 2003 |
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Summary dismissal for dishonesty upheld where employee diverted bonuses to avoid overdraft; procedural fairness affirmed.
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Employment law — Summary dismissal for dishonesty — Diversion of salary/bonuses to avoid overdraft — Disciplinary procedure and natural justice — Industrial Relations Court powers (s85, s108) — Substantial justice.
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4 June 2003 |
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Appellant's summary dismissal for diverting bonuses upheld as dishonest and procedurally fair; appeal dismissed with costs.
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Employment law — Dishonesty and summary dismissal — Diversion of salary/bonuses to avoid overdraft; Natural justice — notice of charge, disciplinary hearing and right to appeal; Industrial and Labour Relations Act — Section 108 (discrimination) and Section 85 (court’s power to do substantial justice); Standard of proof — balance of probabilities.
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4 June 2003 |
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Failed provocation and intoxication were held to be extenuating circumstances, reducing the death sentence to 20 years' imprisonment.
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Criminal law — Murder — Sentencing — Death penalty — Extenuating circumstances — Failed provocation and intoxication as grounds for reducing a death sentence — Appeal against sentence — Substitution of term of imprisonment.
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4 June 2003 |
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Failed provocation and intoxication reduced the appellant's death sentence to 20 years' imprisonment.
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Criminal law — Murder — Sentence — Death penalty — Provocation and voluntary intoxication as extenuating circumstances — Failed provocation may warrant reduction of death sentence.
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4 June 2003 |
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4 June 2003 |
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Enhancing a sentence without giving the appellant the statutory opportunity to be heard is a misdirection and nullity.
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Criminal procedure — Sentencing confirmation — High Court review and enhancement of subordinate court sentence — Requirement to afford accused opportunity to be heard under section 333(2) Criminal Procedure Code — Enhancement in absence a misdirection and nullity — Remittal for re-sentencing.
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4 June 2003 |
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An appeal challenging factual findings on retrenchment calculation was dismissed for lack of jurisdiction under section 97.
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Industrial and Labour Relations Act s.97 — appeals limited to points of law or mixed law and fact; calculation of retrenchment packages — salary at date of purported dismissal; salary increases between dismissal and judgment recoverable as interest; fiction of reinstatement not applied to vary factual award.
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4 June 2003 |
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Appeal dismissed for lack of jurisdiction under s.97 ILRA; retrenchment calculated from date of dismissal, post-dismissal increases recoverable by interest.
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Labour law — Industrial Relations Court findings of fact — appellate jurisdiction under s.97 ILRA — calculation date for retrenchment packages — salary at date of purported dismissal; interest for post-dismissal salary increases; entitlement to repatriation and accrued leave.
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4 June 2003 |
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Appeal allowed: evidence of gross negligence supported dismissal under employer’s disciplinary code; High Court misdirected, award set aside.
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Employment law — disciplinary dismissal — gross negligence and wilful disobedience — sufficiency of evidence to prove loss of employer’s property — disciplinary code categories and appropriate penalty — appellate review of trial judge’s misdirection.
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4 June 2003 |
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Employee's dismissal for gross negligence in loss of employer's goods was lawful where disciplinary procedure complied and evidence supported guilt.
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Employment law — wrongful dismissal — disciplinary procedure — gross negligence of duty — offences warranting instant dismissal — assessment of damages for wrongful dismissal.
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4 June 2003 |
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Contractual conditions governed repatriation (no cash), uniform deductions, and housing entitlement; appeal dismissed with costs.
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Employment law — contractual conditions of service — repatriation clause obliges employer to bear transport cost, not to pay cash; uniform recoveries — claimant must prove entitlement under conditions; housing allowance — entitlement depends on proof of involuntary removal; costs — appellate deference to trial court discretion.
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4 June 2003 |
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An allocation of customary land without consulting affected persons is void; bona fide improvements are compensable.
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Land law — customary tenure — Section 3(4) Lands Act — mandatory consultation of chief, local authority and persons whose interests might be affected — allocation void if consultation absent; equitable estoppel inapplicable; entitlement to compensation for bona fide improvements — valuation by Government Evaluation Department.
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4 June 2003 |
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Allocation of customary land without statutorily required consultation is void, but bona fide improvements are compensable.
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Lands Act s3(4) — customary land — mandatory consultation with chief, local authority and persons whose interests may be affected — failure to consult renders allocation void; estoppel cannot override statutory mandate; bona fide improvements compensable; customary tenure and reallocation on non-use.
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4 June 2003 |
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Whether the applicant may recover an overpayment caused by computing pension on post-retirement salary instead of at the normal pension date.
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Pension scheme law — Interpretation of scheme rules — "Final Pensionable Salary" — Deferred retirement — Mistake in computation versus waiver — Recovery of monies erroneously paid.
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3 June 2003 |