Results.
7 judgments found.
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| May 2006 |
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An application to change awarded foreign-currency interest cannot be corrected under the slip rule as it challenges a substantive judicial decision.
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Civil procedure — Rule 78 (slip rule) — correction of judgments — clerical errors versus judicial decisions — interest on foreign currency damages — finality of judgments and lack of jurisdiction to review own final decision.
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29 May 2006 |
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Slip rule cannot alter a deliberate judicial decision on interest; attempting to do so amounts to impermissible review.
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Civil procedure — Rule 78 (slip rule) — correction of judgments — clerical error versus judicial reasoning; interest on foreign currency; finality of judgments; no jurisdiction to review own judgment outside appeal.
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29 May 2006 |
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A defendant’s demonstrated beneficiary interest justified lodging a caveat pending challenge to a purported conveyance.
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Property law — caveat — sufficiency of interest to support caveat — beneficiary rights by transmission — dispute over validity of deed of gift and registration timing — interlocutory relief pending substantive challenge.
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26 May 2006 |
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A trial court must decide an independent counter-claim on its merits; dismissal of the main claim does not resolve it.
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Civil procedure — counter-claim — duty of trial court to decide independent counter-claims on their merits — dismissal of main claim does not dispose of separate counter-claims — remittal to trial court.
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19 May 2006 |
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A court may not remit or overturn an arbitral award except for jurisdictional defects, serious irregularity, or a question of law.
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Arbitration — scope of judicial interference — Order 73 grounds (want of jurisdiction, serious irregularity, question of law) — no general right of appeal from arbitral award — employment status of partner v. employee — currency of remuneration and leave pay.
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11 May 2006 |
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Whether pre-will insurance proceeds formed part of the testator's bank monies and whether equity should impose a constructive trust.
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Wills and trusts — interpretation of "monies at my bank accounts" — inclusion of pre-will insurance proceeds; constructive trust and equity where settlor purports to cancel trust; admissibility and effect of offshore trust documents; addendum and authentication issues; privilege and cross-examination of trustee-related witness.
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11 May 2006 |
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Court reduces excessive K20,000,000 dog-bite award to K10,000,000, warns against global lump-sum damage awards.
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Tort — negligence — dog bite — quantum of damages — excessiveness of award — consistency with prior awards and inflation — objection to lump-sum/global awards — correction of interest formula.
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3 May 2006 |