Results.
10 judgments found.
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| August 2008 |
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Appellant's election petition alleging vilification, bribery and counting anomalies failed; trial judge's credibility findings and official result upheld.
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Electoral law — election petition — burden of proof; credibility findings — appellate deference to trial judge; corrupt practices and vote buying — requirement of particularisation in pleadings; campaigning misconduct (vilification, slogan/song) — must be proven to affect result; vote-counting anomalies — official results preferred absent strong contrary evidence.
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19 August 2008 |
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Electoral Act permits court to summon persons with knowledge of alleged malpractices; no bias found and election upheld.
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Electoral Act s102(3), s103(1)(a)(b) — Court-called witnesses in election petitions — purposive interpretation of "person concerned in the election" — displacement of common-law consent rule — judge's duty to record decisions and avoid perceived bias — heightened standard of proof for nullifying elections — philanthropic acts not necessarily corrupt electoral inducements
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18 August 2008 |
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An application to be joined as an intervening party must be made before judgment; a late joinder was dismissed.
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Civil procedure — Joinder/intervention — Timing of application — must be made before delivery of judgment (Order 14) — locus standi — mortgagee in possession.
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14 August 2008 |
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A Rule 78 slip-rule application cannot be used to correct substantive errors or reopen a decided appeal.
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Civil procedure — Supreme Court Rules Cap.25 R.78 (slip rule) — Correction of judgments — Distinction between clerical/accidental slips and substantive errors — Attempt to reopen appeal disallowed — Property division; characterization of matrimonial property.
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14 August 2008 |
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Receiver entitled to commission only on amounts actually realized; government payment outside receivership did not entitle receiver to full 5% of total debt.
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Conveyancing Act s.24(6) — receiver’s commission — limited to 5% of money actually received; Receivership — monies paid by third party (Government) not ‘received by’ receiver if payment made outside receiver’s realization; Construction of debenture — company’s responsibility for receiver’s remuneration; Insolvency/liquidation — creditors must prove claims; Costs — appeal on costs requires leave
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13 August 2008 |
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Excessive drinking and violent conduct causing family trauma can render cohabitation intolerable and justify divorce.
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Family law — Divorce — Unreasonable behaviour — Drunkenness and violent conduct towards children — Assessment of impact on petitioner — Trial judge’s misassessment of evidence — Appeal allowing divorce
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13 August 2008 |
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Appellate court upheld annulment of election where bribery, inducements and defamatory conduct likely prevented voters choosing their preferred candidate.
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Electoral law — Election petitions — Section 93(2)(a) and (c) Electoral Act — corrupt and illegal practices — bribery and inducements — collection of voters' cards — defamatory campaign conduct — removal/defacing of posters — appellate restraint on credibility findings.
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10 August 2008 |
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Manufacturer liable for supplying contaminated beer; causation established despite self‑induced vomiting; damages reduced.
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Product liability / negligence — duty of care owed by manufacturer to ultimate consumer — contamination of bottled beer — causation where consumer induces vomiting — quantum of damages; assessment and reasonableness of awards.
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7 August 2008 |
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6 August 2008 |
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Whether customary succession is automatic ladder-climbing or discretionary for Bashilubemba.
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1 August 2008 |