Results.
6 judgments found.
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| July 2006 |
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A single Judge of the Supreme Court lacks jurisdiction to grant an interim injunction pending appeal; such an order was set aside and costs awarded.
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Civil procedure — interim injunction pending appeal — jurisdiction of a single Judge of the Supreme Court to grant injunctions — res judicata and effect of prior consent orders on property disputes — stay of execution — costs.
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16 July 2006 |
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Motion to review this Court's earlier decision dismissed; sale upheld and caveat joinder/lifting found proper, with no evidence of fraud.
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Civil procedure — motion to review Supreme Court judgment — finality of litigation; Mortgage law — power of sale — requirement to comply with Order 30 Rule 14/Order 88 — sale before interlocutory orders; Caveat — joinder and lifting of caveat; Alleged misconduct by advocates.
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13 July 2006 |
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An equivocal guilty plea raising self-defence renders proceedings a nullity; conviction quashed and retrial ordered.
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Criminal law — Guilty plea — Equivocal plea where defendant raises self-defence — Trial judge must enter a not guilty plea and try the case — Proceedings founded on an equivocal plea are a nullity — Conviction quashed and retrial ordered.
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11 July 2006 |
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Dismissal upheld where employee encashed third‑party cheques, written representations sufficed, and criminal withdrawal did not bar discipline.
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Employment law — unfair dismissal; disciplinary procedure — written representations as hearing; double jeopardy — criminal withdrawal does not bar disciplinary action; misconduct — encashing third‑party cheques and dishonesty.
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6 July 2006 |
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Award for wrongful dismissal reduced to 12 months' salary at last received rate; insurance award set aside for lack of proof; interest ordered to compensate delay.
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Employment law — wrongful dismissal — measure and period of damages for loss of earnings; two‑year guideline not automatic
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Evidence — burden to prove contractual Conditions of Service (benefits/insurance)
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Interest — compensation for inflation: short‑term deposit rate to judgment, lending rate thereafter
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Leave — accrual computed to date of termination, paid at last salary. Speculative/general damages require cogent evidence
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5 July 2006 |
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Court upheld finding that the plaintiff purchased the farms, was misled into transferring them to the company, and that contested shares were void.
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Property ownership — true purchaser of land — effect of leadership code enacted after acquisition; Company law — incorporation and share allocation — validity where only one party contributed land and cattle; Corporate governance — exclusion from management and right to account; Appeal — appellate deference to trial court's findings of fact.
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5 July 2006 |