Results.
8 judgments found.
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| February 2006 |
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Appeal remitted for retrial after trial judge failed to consider key documentary and testimonial evidence regarding alarm activation.
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Negligence — Security alarm systems — Evaluation of documentary evidence (computer print-out and company letter) — Appellate review of factual findings — Remittal for retrial where trial judge fails to analyze critical evidence.
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24 February 2006 |
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Seizure under a regularly issued writ was not wrongful where bailiffs reasonably believed the judgment debtor operated from the premises.
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Execution of judgment — writ of fieri facias — wrongful seizure — third‑party goods on debtor’s premises — ownership v possession — reasonable belief by bailiffs — application of Nchimunya v Michela.
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24 February 2006 |
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Admission of personal responsibility supported contempt conviction; sentence reduced from imprisonment to reprimand.
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22 February 2006 |
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Contempt conviction upheld on appellant’s admissions; custodial sentence quashed and replaced with a reprimand.
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Contempt of court — liability of liquidator/appointed coordinator — personal admissions as proof — standard of proof beyond reasonable doubt — appellate review of factual findings — sentencing mitigation for first offender.
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22 February 2006 |
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Challenges to a registered certificate of title must be brought in the High Court; the Lands Tribunal lacks jurisdiction to cancel title.
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Lands Tribunal jurisdiction — scope limited to "land disputes" under the Lands and Deeds Registry Act — challenges to registered certificates of title lie in the High Court, not the Lands Tribunal.
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22 February 2006 |
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Appellants’ title invalidated due to defective re-entry process and absence of proof from the Commissioner of Lands.
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Land law — re-entry/repossession — validity turns on proof of proper service of notice; requirement to call Commissioner of Lands (or officer) to prove re-entry; hearsay inadmissibility of untested documents; adverse possession claims defeated where prior registered title not validly terminated; appellate deference to trial judge credibility findings.
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10 February 2006 |
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Whether insurance proceeds held by trustees and received pre-testamentarily formed part of the testator's bank monies and estate.
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Trusts — testamentary interpretation — whether insurance proceeds received before execution of will constitute "monies at my bank accounts"; Trusts — constructive trust and equity; "equity looks on that as done which ought to have been done"; Conflict between foreign trust documentation and domestic adjudication; Pleadings — limits on deciding issues not in contention; Procedure — cross-examination on trust matters.
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10 February 2006 |
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Change of shareholding and rebranding do not alone create a new employer or transfer contracts; no section 35 breach proven.
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Employment law — transfer of undertakings — change of shareholding vs new employer — Section 35(1) Employment Act (consent to transfer of written contracts) — redundancy — corporate personality (Salomon) — interpretation of share purchase clause.
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2 February 2006 |