Results.
14 judgments found.
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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.
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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.
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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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A properly joined and served party who participated in trial cannot later set aside judgment after the Supreme Court affirmed it.
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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
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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.
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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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Application to vary a Supreme Court judgment under the slip rule dismissed for procedural non-compliance and misuse of Rule 78.
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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
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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.
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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.
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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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Court upheld respondents' additional redundancy award, rejected extrinsic evidence, ordered bank‑rate interest and government indemnity.
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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.
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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.
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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.
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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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A guarantor requires proper contractual demand, but pre-existing debts permit action against the principal debtor and an equitable mortgage was enforceable.
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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.
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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.
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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.
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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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A twenty-seven-day late appeal cannot be excused by 'substantial justice'; procedural time limits must be observed to avoid prejudice.
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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.
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7 October 2013 |