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Citation
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Judgment date
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| June 2011 |
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Mortgage enforcement must be commenced by Originating Summons; joining a mortgagor to a prior Writ action was inappropriate here.
Civil procedure — Mortgage enforcement — Order 30 Rule 14 requires mortgage actions by Originating Summons; joinder to an earlier Writ not appropriate where mortgagor was not a party — Multiplicity/abuse of process considerations.
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17 June 2011 |
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Applicant's claim to purchase a university house failed because the property was excluded from the Home Ownership Scheme; appeal dismissed.
University Act s.19 – disposal of university immovable property – Ministerial approval required; Home Ownership Scheme – classification/exclusion of institutional (Provincial court) houses; legitimate expectation – not raised or supported at trial; appellate limits on issues not litigated below.
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17 June 2011 |
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Where a trial judgment sufficiently summarises evidence, an appeal may proceed and strong eyewitness proof upheld conviction and death sentence.
Criminal procedure – Appeal on basis of trial court judgment where record missing – sufficiency of judge’s summary; Evidence – credibility and weight of eyewitness testimony; Criminal law – aggravated robbery and murder; Sentencing – absence of extenuating circumstances to reduce death sentence; Fair trial – incomplete record and Rule 31/Article 18 considerations.
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12 June 2011 |
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Appeal dismissed: disciplinary charge lacked particularity and employer failed to prove abuse of office.
Employment law – unfair dismissal – disciplinary charge for ‘abuse of office’ and property not commensurate with earnings – particularity of charges – burden of proof – duty to declare interests under disciplinary code – appellate review of trial factual findings.
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8 June 2011 |
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Appeal allowed: trial findings of wrongful dismissal, deemed permanence, and exemplary damages overturned for lack of proof and reasons.
Employment law – temporary/fixed‑term contracts v. casual/permanent status – proof of wrongful dismissal and causation – reliance on hearsay – exemplary damages require stated facts and particulars.
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8 June 2011 |