Results.
94 judgments found.
|
|
|
| December 2013 |
|
|
Delayed payment in lieu of notice does not extend employment; remedies under s85A require a proved complaint.
-
Employment law — termination by payment in lieu of notice — effective date determined by contractual terms — delayed payment attracts interest but does not extend employment — Industrial Relations Court remedies under s85A require complaint to be proved.
|
30 December 2013 |
|
Court set aside lump-sum house and monthly maintenance orders for exceeding the consent order and not assessing means.
-
Affiliation and Maintenance Act (Section 10) — Forms of maintenance (periodic, secured, lump sum) — Consent order construction — Court exceeded consent by ordering both lump sum (house purchase) and periodic payments — Failure to assess means (Section 11) — Referral for assessment.
|
26 December 2013 |
|
A surviving spouse’s substantial contribution to purchase of the matrimonial home creates a beneficial interest; house to be shared or sold.
-
Property/equity — constructive trust — matrimonial home — surviving spouse’s monetary contribution creates beneficial interest; intestate succession not applicable; remedy by valuation and payment or sale and division; authorities: Annie Bailes, Pettitt, Falconer
|
25 December 2013 |
|
Allegations that the Supreme Court was biased constituted contempt admitted by the contemnor, who was convicted but granted an absolute discharge.
-
Contempt of court — scandalising the court by public statements — admission and apology as purge — sentencing — absolute discharge; Procedure — Order 52(4)(1) Supreme Court Rules applicable to contempt motions in Supreme Court (leave not required); Electoral law — Section 104(6) reports by High Court and effect of Supreme Court judgments; Judicial impartiality — impropriety of parties sending legal opinions to members of the Court.
|
22 December 2013 |
|
Donations by a candidate during campaign rallies amounted to illegal practice under s.93(2)(c), nullifying the election.
-
Electoral law — Illegal/corrupt practice — Candidate's donations during campaign — Section 93(2)(c) Electoral Act — Timing and source of donations as undue influence; Election nullification. Electoral law — Collection of voters' details — insufficient proof. Electoral law — Transporting employees to vote — no undue influence absent coercion. Electoral (Code of Conduct) Reg 10(2)(d) — candidate's presence at polling station an offence but not necessarily grounds for nullification
|
18 December 2013 |
|
Publication of factual allegations by a radio station was defamatory; unpleaded justification failed and damages were reduced.
-
Defamation — natural and ordinary meaning — justification must be specifically pleaded — fair comment applies only to opinion — causation between publication and dismissal/retirement — appellate reduction of excessive damages.
|
18 December 2013 |
|
Donations by a candidate during campaign rallies amounted to an illegal practice under s.93(2)(c), so the election was nullified.
-
Electoral law — undue influence and illegal practices — donations during campaign rallies treated as corrupt/illegal under s.93(2)(c); candidate’s timing and source of donations; insufficiency of evidence for NRC collection, bribery of individuals, transport of employees and defamatory/sexual allegations; Regulation 10(2)(d) breach not sufficient for nullification
|
17 December 2013 |
|
Whether an irregular judge transfer without recorded recusal and transfer order voided the High Court proceedings.
-
Judicial recusal and transfer — sections 6–7 Judicial (Code of Conduct) Act — section 23(1) High Court Act — mandatory disclosure and transfer order — effect of irregular transfer on jurisdiction — void proceedings ab initio; professional conduct of counsel
|
17 December 2013 |
|
Open Court conversion of originating summons removes requirement for leave to appeal; executed possession precludes stay, but sale restrained pending appeal.
-
Civil procedure — Conversion of originating summons to writ under Order 28 Rule 9 — Open Court versus chambers — Requirement of leave to appeal under s.24(1)(e) Supreme Court Act — Stay of execution after possession executed.
|
13 December 2013 |
|
A stay of execution pending appeal is discretionary and requires prospects of success and proof of irrecoverable relief.
-
Civil procedure — Stay of execution pending appeal — Discretionary remedy — Court may preview prospects of success — Requirement to show irrecoverability or risk of rendering appeal nugatory — Appeal challenging findings of fact; procedural defect; binding precedent.
|
13 December 2013 |
|
Taxing Master must re-tax every bill item; respondent aware of hearing and ordered to pay costs.
-
Civil procedure — Taxation of costs — Order 62 Rule 12 — Taxing Master must tax every item on bill — Default taxation and proof of service — Setting aside taxation — Costs for deliberate non-attendance.
|
13 December 2013 |
|
Conversion of originating summons to writ made the matter open Court; no leave to appeal required, stay refused but sale prohibited pending appeal.
-
Civil procedure — Originating summons converted to writ and statement of claim — Contentious matter requiring viva voce evidence — Proceedings held and judgment delivered in chambers — Whether leave to appeal required — Stay of execution — Execution already effected — Property not to be sold pending appeal
|
12 December 2013 |
|
Respondent’s large-scale gift distribution and defamatory campaign statements may have affected voter choice, invalidating the election.
-
Electoral Law
-
—
Election Petitions — Widespread distribution of gifts and campaign materials as corrupt/illegal practice affecting election result — Electoral Act s 93(2)(a)
-
—
Campaign Conduct — False, malicious or intimidating statements during tripartite elections — Effect of statements about party/presidential candidate on parliamentary contests
-
Constitutional/Election Procedure — Pleadings and costs — Failure to plead specific subsection; public interest in cost awards
|
12 December 2013 |
|
Commencing separate proceedings to discharge a mortgage while related proceedings over the same property are pending is multiplicity of actions and an abuse of process.
-
Civil procedure — duplicity and multiplicity of actions — mortgage action under Order 88 RSC — applicability of general RSC/High Court Rules — counterclaim under Order 27/Order 15 — preservation order — abuse of court process.
|
6 December 2013 |
|
Appellate courts may enhance sentences; theft while posing as public officers is an aggravating factor justifying a maximum sentence.
-
Criminal law — Sentencing — Appellate jurisdiction to increase sentence on appeal (s.327 CPC) — Aggravating factor: theft committed while posing as public officers — Section 9(7) CPC dispenses with confirmation on first appeal.
|
4 December 2013 |
|
Single-witness identification upheld; uninvestigated alibi found non-prejudicial given overwhelming prosecution evidence.
-
Criminal law — Vandalism of public property — Identification evidence — Single identifying witness and corroboration — Duty to investigate alibi — Overwhelming prosecution evidence — Mistaken identity risks eliminated by prior acquaintance and adequate observation conditions.
|
3 December 2013 |
|
Conviction for aiding a prisoner's escape upheld on direct and compelling circumstantial evidence.
-
Criminal law — Aiding prisoner to escape — custody officer opening cells and permitting detainee to exit — direct and circumstantial evidence — guilty knowledge and adverse inference — Chimbini v The People applied.
|
3 December 2013 |
| November 2013 |
|
|
State must pay pre‑judgment interest under court rules; general damages permissible for breach of equitable right of first refusal, assessed as market value less contract price.
-
State proceedings — pre‑judgment interest — interaction of Section 20 State Proceedings Act and Judgment Act/High Court Rules; Interpretation of orders awarding "plus interest"; Equity — breach of right of first refusal — remedy by damages where specific performance impracticable; Distinction between general and special damages; Measure of damages: market value at contractual completion less contract price.
|
27 November 2013 |
|
Default judgment entered prematurely was irregular; respondent lacked locus standi to claim EPF funds, appeal allowed with costs.
-
Civil procedure — default judgment — requirement to allow full 21‑day period for appearance — irregularity if judgment entered prematurely; locus standi — private person cannot recover or demand deposit into government Environmental Protection Fund (EPF); scrutiny of writ endorsements — claims must have legal basis and not be speculative; review and setting aside — once judgment is irregular necessity to exhibit defence falls away
|
26 November 2013 |
|
A High Court claim for gratuity was dismissed as res judicata after prior Industrial Relations Court mediation on terminal dues.
-
Res judicata — terminal dues; mediation settlement — effect of prior Industrial Relations Court proceedings; piecemeal litigation; opportunity to litigate all matters arising from same cause of action; finality of litigation
|
26 November 2013 |
|
Appeal dismissed: dishonesty unproven—lack of diligence insufficient; compensation and specified interest awarded to the respondent.
-
Employment law — unfair dismissal; disciplinary findings — dishonesty distinguished from lack of diligence; appellate admission of fresh evidence; standard of appellate review of factual findings; interest on awards under Law Reform Act.
|
19 November 2013 |
|
Court upheld trial judge’s discretion on costs, refused correction of alleged clerical error, and dismissed the appeal.
-
Costs — judicial discretion under Order 40 Rule 6; Instalment orders — merit and mootness where judgment debt paid; Correction of clerical errors — Order 20 Rule 11 inapplicable absent accidental slip; Leave to appeal out of time — procedural relief and subsequent grant by single judge.
|
14 November 2013 |
|
Dismissal upheld: the applicant’s unauthorised circulation of confidential medical images justified dismissal despite procedural irregularity.
-
Employment law — wrongful dismissal — unauthorised circulation of confidential medical images — breach of e-mail and acceptable-use policies — procedural irregularity in charging employee does not vitiate dismissal where misconduct proven.
|
14 November 2013 |
|
A Registrar cannot assess damages without a court directive; such an assessment is a nullity.
-
Industrial Relations Court — Registrar’s jurisdiction — Assessment of damages — Rules 76 & 77 — Requirement of assignment by Chairman/Deputy Chairman — Assessment without directive ultra vires and a nullity — Jurisdictional defects exceptional and cognizable at appeal.
|
14 November 2013 |
|
A successor that takes over and sells a judgment debtor’s assets may be joined post-judgment to enable enforcement.
-
Industrial Relations Court — functus officio after judgment — joinder of successor post-judgment — Rule 55 (ends of justice/abuse of process) — enforcement of judgment against transferee of assets.
|
13 November 2013 |
|
A non‑party adversely affected by an interlocutory injunction may apply to the granting court to have it discharged after material change.
-
Civil procedure — interlocutory injunction — status of ex‑parte order; non‑party locus standi to apply to dissolve injunction; appellate court's inherent jurisdiction to reopen/discharge interlocutory orders and admit fresh evidence where exceptional circumstances and real injustice exist; material change of circumstances (lifting of receivership, deportation) as ground for discharge
|
13 November 2013 |
|
The appellant became a constructive trustee by releasing seized funds, and the administratrix is also liable.
-
Constructive trust — Tracing of seized funds — Disposal of exhibits — Prohibition and Prevention of Money Laundering Act s18(4) — Equity vs limitation — Privity of contract exceptions — Costs on partial success
|
12 November 2013 |
|
Local Government Act disciplinary steps do not excuse prosecution, but inadequate investigation defeated the theft conviction.
-
Criminal procedure v. administrative/disciplinary procedure; Local Government Act does not bar prosecution of council officers; definition of "person employed in the public service" under Penal Code; burden of proof and investigative dereliction; insufficiency of evidence leading to acquittal
|
4 November 2013 |
| October 2013 |
|
|
Appeal dismissed: employee lawfully dismissed for absenteeism after failing to report as transferred; no constructive dismissal proven.
-
Employment law — transfer and reporting instructions — absenteeism as dismissible offence under company disciplinary code — constructive dismissal claim — rules of natural justice — appellate interference with trial findings of fact.
|
29 October 2013 |
|
Consent order fulfilled by payment of the agreed global sum; no post‑fulfilment inquiry or account ordered; appeal dismissed.
-
Consent judgments — effect of full payment of agreed global sum — whether account or inquiry should be ordered post‑fulfilment; Order 23 High Court Rules and Order 43 RSC — scope and timing of inquiries/accounts; set‑off/deduction of overpayment; limits on reopening consent orders.
|
29 October 2013 |
|
A properly joined and served party who participated in trial cannot later set aside judgment after the Supreme Court affirmed it.
-
Civil procedure — Joinder and service — Order to add party and affidavit of service — Participation of joined party at trial — Whether judgment was in default — Finality of appeal where Supreme Court has determined the matter
|
28 October 2013 |
|
Interlocutory dismissal was improper where plaintiff produced available documents; sufficiency should be decided at trial.
-
Civil procedure — dismissal for want of prosecution — production of documents — expired employment permit — sufficiency of discovery assessed at trial, not interlocutory stage — application of High Court Rules (Orders 19, 41) vs Supreme Court Rules (Order 24).
|
23 October 2013 |
|
Application to vary a Supreme Court judgment under the slip rule dismissed for procedural non-compliance and misuse of Rule 78.
-
Civil procedure — Rule 78 (slip rule) — correction/variation of judgment limited to clerical mistakes or accidental slips; Rule 48(7) — Notice of Motion must state grounds; finality of judgments; improper importation of words from another judgment; pension rules interpretation
|
22 October 2013 |
|
Tank Farm and electrical works were additional; some payments proved, many special damages unproved — assessment ordered.
-
Construction contract — extra works — Tank Farm and electrical works held to be additional to original contract; certified amounts and retention proven; particulars of special damages inadequately pleaded and not proved; delay excused by rains, subcontractor failures and regulatory interventions; assessment of unproven/general damages ordered.
|
22 October 2013 |
|
Dismissal for abandoning security post during riots upheld; procedural and statutory complaints not raised below rejected.
-
Employment law — dismissal for gross negligence — leaving security post during riots — compliance with s.26A (opportunity to be heard) — s.25(1) reporting of summary dismissals cannot be raised first on appeal — Industrial Relations Court Rules (Rule 42) — debarring vs default judgment — Court of substantial justice.
|
18 October 2013 |
|
Court upheld respondents' additional redundancy award, rejected extrinsic evidence, ordered bank‑rate interest and government indemnity.
-
Employment law — redundancy and retrenchment — interpretation of contractual redundancy clauses (Clauses 8 and 10) — parol evidence rule and extrinsic evidence — literal versus purposive construction; Industrial Relations Court jurisdiction under s85 to grant just and equitable remedies; interest on judgment — bank lending rate; government indemnity deed enforceable.
|
18 October 2013 |
|
Personal donation of government property during campaigns can be an illegal practice sufficient to nullify an election.
-
Electoral law — illegal practices — government developmental projects versus candidate conduct — personal donation of government property during campaign as illegal practice — section 93(2)(c) independent ground for nullification.
|
10 October 2013 |
|
A successful litigant is entitled to pre-judgment interest under Order 36, Rule 8; trial court erred in refusing it.
-
Civil procedure — Money judgments — Pre-judgment interest — Order 36, Rule 8 High Court Rules mandates interest from cause of action/writ to judgment — Purpose of interest: compensation for being kept out of money (Jefford v Gee).
|
10 October 2013 |
|
A guarantor requires proper contractual demand, but pre-existing debts permit action against the principal debtor and an equitable mortgage was enforceable.
-
Contract and security — Guarantee and demand — Requirement of written demand to guarantor — Service to last known address and notice via director — Equitable mortgage enforceable despite unsigned formal deed — Pre-existing debt payable on demand allows action against principal debtor without separate prior demand.
|
10 October 2013 |
|
Life sentence for calculated sexual assault of a 3‑year‑old upheld; late remorse and first‑offender status insufficient for leniency.
-
Criminal law — Unnatural offence on a 3‑year‑old — Aggravating factors (calculated isolation, oral sexual assault, physical injury) — Late remorse minimal weight — Statutory minimum sentence and deterrence — Life sentence not excessive.
|
8 October 2013 |
|
Appellate court affirmed disciplinary dismissal where a factual substratum supported it, but ordered each party to bear own costs due to appellant’s impecuniosity.
-
Employment law — disciplinary dismissal — review limited to whether disciplinary body had authority and validly exercised it — appellate review may examine whether a substratum of facts supported dismissal; acquittal in criminal proceedings not dispositive in disciplinary/civil review; costs discretion and impecuniosity.
|
7 October 2013 |
|
A twenty-seven-day late appeal cannot be excused by 'substantial justice'; procedural time limits must be observed to avoid prejudice.
-
Industrial Relations Court — appeal against Registrar's assessment of damages — procedural time limit for appeal (three days) — laches/delay — substantial justice cannot override inexcusable procedural non-compliance causing prejudice.
|
7 October 2013 |
| September 2013 |
|
|
Reallocation without s.13 notice was invalid; original lessee retained title and purchaser was not an innocent buyer.
-
Land law — repossession and re‑entry under Lands Act s.13 — requirement of notice and opportunity to make representations; abandonment and development under Town and Country Planning Act s.22(4); constructive notice and innocent purchaser doctrine; re‑allocation by local authority; compensation for improvements
|
26 September 2013 |
|
An implied agency existed and a forwarding agent who subcontracted carriage may be liable for the sub-agent’s defaults; privity and intention determine remedies.
-
Agency law — implied agency by conduct and correspondence; forwarding agent v transporter — scope of engagement; sub-contracting and privity of contract; agent's liability for sub-agent's defaults; remedy where trial court fails to determine sub-agent relationship
|
26 September 2013 |
|
Whether retirees are entitled to revised repatriation rates and mealie meal subsidy under Circular B.15/1999.
-
Public service circulars — effective date and non-retrospectivity; repatriation allowance — entitlement limited to retirees on/after circular effective date; mealie meal subsidy — restricted to regular service personnel; humanitarian allowances — discretionary not enforceable; interest on delayed statutory payments — deposit and lending rates; High Court Rules Order 36 R8; Judgments (Amendment) Act s2.
|
23 September 2013 |
|
A short-lease tenant on a vendor’s waiting list who relied on the vendor’s promise was entitled to be offered purchase when the prior sale failed.
-
Property sale — Waiting list and short-lease tenancy — Priority to tenant when prior purchaser fails — Promissory estoppel/equity (High Trees; Walsh v
-
Lonsdale) — Remedy: offer to sell and accounting for deposit and seized goods
|
17 September 2013 |
|
Appellants who continued working and accepting revised pay were held to have acquiesced to new terms and not entitled to terminal benefits.
-
Employment law — Variation of terms and conditions — Acquiescence by continued work and acceptance of revised pay — Voluntary Early Separation Scheme (VESS) — Constructive dismissal — Terminal benefits payable only upon termination — Section 97 ILRA bars appeals on findings of fact.
|
13 September 2013 |
|
Dismissal held unlawful where audit report was disowned and allegations were untested; appellant awarded pay, damages, and terminal benefits.
-
Employment law — Wrongful dismissal — Natural justice observed in procedure but dismissal unlawful for lack of evidential support — Reliance on untested/ disowned audit report — Remedies: suspension pay, six months' damages, terminal benefits, interest, costs.
|
12 September 2013 |
|
Loan agreement (with delivery notes and account) entitled the creditor to collect tobacco; only 500 kg was proved taken; counter-claim allowed.
-
Contract formation — loan agreement; parol evidence exception — delivery notes and farmer's statement; entitlement to collect crop under security for inputs; burden of proof on conversion; quantification of seized goods; counter-claim for outstanding inputs.
|
11 September 2013 |
|
Conviction and 45-year sentence for defilement upheld despite relatives’ evidence; independent medical and circumstantial corroboration sufficed.
-
Criminal law — Defilement — corroboration and danger of false complaint and false implication — suspect witnesses (relatives) cannot corroborate each other — independent corroboration by medical/arresting officer necessary — identity corroborated by presence/opportunity — sentencing — appellate interference only if manifestly excessive or wrong principles applied.
|
3 September 2013 |