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Citation
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Judgment date
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| October 2013 |
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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.
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29 October 2013 |
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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.
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29 October 2013 |
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Appellant was validly joined and served; Supreme Court’s final judgment bars reopening—appeal dismissed with costs.
Civil procedure – Joinder and service of process – Order to add party – Affidavit of service – Setting aside judgment – Finality of appeal – Representation by counsel – Default judgment.
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28 October 2013 |
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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).
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23 October 2013 |
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The respondent cannot use the slip rule to import substantive pension provisions into a final judgment.
Civil procedure — Rule 78 (slip rule) confined to clerical mistakes/accidental slips or omissions; cannot be used to import substantive words from another judgment or alter final decisions; Rule 48(7) mandatory — Notice of Motion must state grounds; finality of litigation; pension rules interpretation not correctable via slip rule.
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22 October 2013 |
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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.
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22 October 2013 |
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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.
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18 October 2013 |
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18 October 2013 |
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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.
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10 October 2013 |
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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).
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10 October 2013 |
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10 October 2013 |
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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.
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8 October 2013 |
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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.
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7 October 2013 |
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7 October 2013 |