Results.
16 judgments found.
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| January 2008 |
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Rule 42 is discretionary; debarment for default is exceptional and triable issues should ordinarily be decided on their merits.
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Industrial Relations Court Rule 42 — discretion to debar or make other orders; default and triable issues — right to hearing; debarment a drastic remedy requiring mala fides or unreasonable delay.
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31 January 2008 |
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Clerical error corrected under Rule 78 to award Stand No. 1001, Lilanda, to the applicant; no costs.
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Civil procedure — Rule 78 — correction of clerical error; Appeal — restoration of lower court award; Property award — Stand No. 1001, Lilanda; Costs — no order.
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31 January 2008 |
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An appellate court will not decide legal issues not raised in the lower court; appeal dismissed with costs.
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Administrative law — Statutory instruments vs Acts of Parliament — Issue of whether a statutory instrument can alter an Act — Appellate procedure — New issues not raised in the lower court cannot be raised for the first time on appeal — Abandonment of unargued grounds.
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31 January 2008 |
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Lands Tribunal lacks jurisdiction over District Council allocations; appellant who did not apply had no cause of action.
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Lands Act — jurisdiction of Lands Tribunal — section 15 and 22 — Tribunal’s review confined to decisions of President/Commissioner, Minister or Registrar — District Council allocations not within Tribunal’s jurisdiction; locus standi/causa of person who did not apply for subdivision
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30 January 2008 |
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High Court lacked jurisdiction to hear committal where appeal and partial stay by Supreme Court had ousted that jurisdiction; committal notice also defective.
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Civil procedure — contempt/committal — jurisdiction of inferior court where matter is pending before superior court with stay of execution; requirement of specificity in orders before contempt proceedings; procedural particularity in committal notices (Order 52 r.4(2) RSC); statutory powers of regulator (s.84B(a))
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30 January 2008 |
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Director-General may issue fresh restriction notices and direct rental payments pending corruption investigations, subject to refund if exonerated.
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Anti-Corruption Commission Act s24(1) — Restriction notices; investigation (not necessarily prosecution) sufficient — Fresh notices after expiry valid — "Dispose of or otherwise deal with" includes managing property (collecting rent) — Certificate of title defeasible for fraud — High Court review powers under s24(5)/(7)
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29 January 2008 |
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A labour complaint filed nine years late without statutory leave is statute-barred and properly dismissed.
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Industrial Relations Act s85(3) — mandatory 30-day filing period — limited three-month extension after exhaustion of administrative channels — no discretion to entertain claims filed nine years late; ignorance/misadvice by court official not an excuse; non-compliance with Supreme Court Rules for additional grounds noted.
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29 January 2008 |
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Complaint filed nine years after dismissal was statute-barred under section 85(3); appeal dismissed, no costs awarded.
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Industrial and Labour Relations Act s.85(3) — statutory 30-day filing period — complaint filed out of time — no discretion to hear plainly time-barred complaint absent application for extension — misadvice by court official does not cure failure to seek leave.
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29 January 2008 |
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A labour complaint filed nine years after dismissal without statutory leave is time-barred under section 85(3) and dismissed.
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Industrial and Labour Relations Act s85(3) — statutory 30-day limit for filing complaints — mandatory time bar — no discretion to hear out-of-time complaints without statutory extension — effect of mistaken advice by court official.
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29 January 2008 |
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Deportation for a satirical article was held disproportionate and unreasonable despite statutory breadth and no statutory right to prior hearing.
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Immigration law — section 26(2) Deportation — scope not confined to national security; Freedom of expression — Article 20(3) limits and permissible restrictions; Procedural fairness — no statutory right to prior hearing under s26(2) in these facts; Judicial review — Wednesbury/unreasonableness and disproportionality can invalidate deportation
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23 January 2008 |
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Dismissal for undisclosed conflict of interest and dishonest procurement upheld despite no specific disciplinary code listing.
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Employment law — dismissal for misconduct; conflict of interest and undeclared personal interest; discrimination in disciplinary sanctions; implied contractual duties permitting dismissal for dishonest conduct.
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17 January 2008 |
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Court affirmed petitioner’s locus standi and correct petition procedure, dismissing injunction issue as moot and both appeals.
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Constitutional law — Article 28(1) petitions — locus standi of corporate/associational applicants (Article 139) — mode of commencement of constitutional applications (Protection of Fundamental Rights Rules/Statutory Instrument No.156 of 1969) — interpretation of Electoral Act Section 25(1) vis-à-vis Article 76(1) — injunctions against the State/President and interplay with State Proceedings Act Section 16 — mootness of interlocutory constitutional relief
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15 January 2008 |
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Appellant’s title and caveat were upheld; forgery defence inadequately pleaded and proved, appeal allowed and possession granted.
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Land law — title and caveats — effect of removal of caveat by ex parte order — rectification of register — proof and pleading of fraud/forgery in title disputes — prima facie status of register entries and certificates of title
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15 January 2008 |
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Court upheld award of contractual terminal benefits as wages; late subpoena to obtain handbook was proper; appeal dismissed.
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Employment law — terminal benefits — whether terminal benefits constitute "wages" under section 3 of the Employment Act; evidence — reliance on employer handbook not produced and use of subpoena duces tecum after close of evidence; resignation and forfeiture of terminal benefits; limited scope of appellate review on findings of fact (s97 Industrial Relations Act).
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11 January 2008 |
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Failure to notify the union of redundancies attracts statutory penalties but does not automatically invalidate a substantively justified redundancy.
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Employment law — redundancy — failure to give union 30 days' notice under s26B(2) and collective agreement — procedural breach punishable under s77 — procedural non-compliance does not render a substantively justified redundancy null and void
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10 January 2008 |
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Commissioner could lawfully allocate State land during de-gazettement; allocations after re‑gazettement required statutory authority.
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Forest law — de-gazettement and re-gazettement — State land — Commissioner of Lands’ power to grant — necessity of presidential statutory instrument for prohibited acts — judicial review — declaratory relief on counter-claim
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9 January 2008 |