Results.
27 judgments found.
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| May 2008 |
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Appellant not bound by main-contract consultant’s time-certification; trial judge misapprehended evidence, appeal allowed with judgment and costs for appellant.
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Contract law — subcontractor claims — whether main-contract consultant’s certification binds domestic subcontractor — admissibility and effect of invoicing method (per tonne vs per square metre) — appellate interference with trial judge’s findings of fact where misapprehension occurs.
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30 May 2008 |
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Appeal dismissed: court upholds that surviving spouse and children share matrimonial home and will not hear new issues not raised below.
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Matrimonial property — proprietary interests of surviving spouse and children after death of a spouse — entitlement irrespective of contribution; Appellate review — refusal to consider issues not raised or adjudicated in the court below; Legal characterization — distinction between joint tenancy and tenancy in common; Lands and Deeds Registry Act — alleged statutory joint tenancy not considered on appeal where not pleaded below.
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30 May 2008 |
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Appeal dismissed; respondent entitled to accrued terminal benefits under defendants' undertaking; set‑aside, not appeal, is remedy for default judgments.
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Employment law — domestic servant — agreement to assume accrued terminal benefits — authenticity and admissibility of written undertaking — appellate review of credibility findings — correct remedy where judgment obtained in absence (application to set aside) — inadmissibility of issues not raised below.
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30 May 2008 |
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Appellant may not raise parents’ statutory joint-tenancy claim on appeal; surviving spouse and children succeed as tenants in common.
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Matrimonial property — Succession on death of a spouse — Survivorship rights of surviving spouse and children — Tenants in common v joint tenants — Appeal cannot raise issues not litigated below — Lands and Deeds Registry Act alleged statutory interests.
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30 May 2008 |
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Acceptance of conditional reinstatement precludes claim for salary arrears for the period not worked.
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Employment law — Reinstatement v re-employment — conditional reinstatement accepted by employee precludes entitlement to back pay for the intervening period; written agreement and Statement of Agreed Issues govern; employer's discretionary pension payments do not establish unpaid salary arrears
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29 May 2008 |
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A dispute over accrued gratuity under a collective agreement must follow statutory conciliation; court lacked jurisdiction.
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Industrial Relations Court jurisdiction — sections 85(1) and 85(4) — Collective disputes arising from collective agreements — Part 9 (ss.75–76) mandatory conciliation — subsidiary Rule 55 cannot displace principal Act — transfer of accrued gratuity to pension scheme.
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29 May 2008 |
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Appeal dismissed: dispute over transfer of accrued gratuity was a collective dispute requiring mandatory conciliation under Part 9.
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Labour law — Industrial Relations Court jurisdiction — Collective disputes under Part 9 (ss.75–76) — mandatory conciliation prior to litigation — s.85 jurisdiction limits — Rule 55 cannot override principal Act — transfer of accrued gratuity to pension scheme.
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29 May 2008 |
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28 May 2008 |
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28 May 2008 |
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Alleged bribery and vilification must be shown to have been widespread enough to affect the majority to void an election.
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Electoral law — election petition — corrupt and illegal practices — bribery (distribution of sorghum for beer) and vilification — requirement that misconduct be widespread to affect majority of voters — higher standard of proof in election petitions — interpretation of section 93(2) and (3) Electoral Act No.12 of 2006.
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22 May 2008 |
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22 May 2008 |
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Subordinate Court eviction proceedings potentially null due to prior High Court judgment and disputed locus standi; matter remitted for rehearing.
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Civil procedure — jurisdiction of Subordinate Court where same property subject to prior High Court judgment — nullity — locus standi — review versus appeal procedure — remittal for rehearing before different judge.
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21 May 2008 |
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21 May 2008 |
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Part performance (payment, occupation, improvements) enforced specific performance of an oral land sale despite lack of survey.
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[Contract for sale of land] Oral agreement — part performance — signed receipts and occupation as equitable basis for specific performance; [Property law] uncertified/unsurveyed land — ascertainment and identification; [Frustration] attempted re-entry by state does not discharge an already concluded sale; [Remedies] interest on monies paid into court and costs on partial success
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19 May 2008 |
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Delay in developer-built houses amounted to breach and liability for losses, but mesne profits awards were set aside for lack of proof.
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Contract law — construction contracts — whether time for completion was of the essence; evidence required to prove shortages; mesne profits — measure and proof; enforceability of additional undertakings (storage, security) by developer.
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16 May 2008 |
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16 May 2008 |
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Whether the plaintiff’s pleadings and furnished particulars were sufficient to enable the defendants to prepare their defence.
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Pleadings — Further and better particulars — Adequacy of particulars in commercial matters — Abuse of process by oppressive/fishing-expedition requests — Interlocutory rulings and sufficiency of reasons.
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14 May 2008 |
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Court held the plaintiff's particulars and statement of claim were adequate; defendants' appeal dismissed with costs.
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Pleadings and procedure — further and better particulars — sufficiency of particulars to enable defence; commercial list particularity; interlocutory rulings and reasons.
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14 May 2008 |
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Whether a re-enacted statutory instrument may govern forfeiture of property seized under a repealed instrument.
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Statutory interpretation — repeal and re-enactment of statutory instruments — whether re-enacted provisions retain force for earlier seizures; forfeiture of recovered property — vesting in the State once statutory conditions met; retrospective effect of legislation; Interpretation and General Provisions Act (sections on re-enactment and commencement).
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14 May 2008 |
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An applicant must show sufficient reasons for delay; a meritorious case alone does not justify late filing under section 85(3).
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Industrial Relations Court — Limitation period — Section 85(3) ILR Act — Leave to file complaint out of time — Exhaustion of administrative channels — Sufficiency of reasons for delay — Meritorious claim not a substitute for prompt action.
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14 May 2008 |
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Appeal dismissed for unreasonable delay; leave to file out of time requires sufficient reasons, merits alone insufficient.
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Industrial and Labour Relations Act s.85(3) — time limit for complaints — extension after exhaustion of administrative channels — leave to file out of time discretionary — sufficiency of reasons for delay — merits not a substitute for promptness.
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14 May 2008 |
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An arbitrator’s failure to disclose appointments that give rise to apparent bias can void an award as contrary to public policy.
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Arbitration law — apparent/perceived bias — duty of arbitrators to disclose dealings that may create impression of bias — objective test of a reasonable and informed person — public policy under s.17(2)(b)(ii) Arbitration Act — Commonwealth Coatings principle.
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14 May 2008 |
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An arbitrator’s failure to disclose another appointment created an appearance of bias, justifying setting aside the arbitral award.
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Arbitration — setting aside award — apparent/perceived bias — duty to disclose appointments or dealings — public policy (s.17(2)(b)(ii) Arbitration Act) — objective test of a fair‑minded informed observer — natural justice
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13 May 2008 |
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Whether an unauthorized director’s loan binds the company and whether subrogation/unjust enrichment can be claimed.
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Company law — Director’s authority and constructive notice (Turquand rule) — Burden of proof on claimant to show authority — Receivership: company must act through receiver — Ultra vires acts by unauthorized director — Subrogation and unjust enrichment inapplicable where no corporate benefit.
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8 May 2008 |
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Whether an unauthorized director’s loan, which did not benefit the company, gives rise to subrogation or unjust enrichment against the respondent.
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Company law — Authority of directors — Contracts binding only if entered by authorized agents; Turquand principle; Receivership — company acts only through receiver; Subrogation and unjust enrichment — require valid obligation and benefit to company; Ultra vires acts and fiduciary breach.
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8 May 2008 |
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Court reduced the applicant's 20-year defilement sentence to 18 years, citing victim's age and voir dire irregularities.
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Criminal law — Defilement — Sentence — Mandatory minimums — Aggravating factor: tender age of victim; First offender status and sentencing discretion; Voir dire and child evidence — Juveniles Act s.122(1) — Limits of appellate review on sentence-only appeals.
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6 May 2008 |
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Appeal against a 20-year defilement sentence reduced to 18 years; court noted victim’s age as an aggravating factor and criticized trial voir dire.
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Criminal law — Defilement — Sentence — Victim’s age as aggravating factor — Mandatory minimum sentence — Appeal confined to sentence — Limits on appellate review — Voir dire and child witness oath — Juveniles Act s.122(1) — Concurrent and backdated sentences
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5 May 2008 |