Results.
7 judgments found.
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| August 2013 |
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Specific performance upheld where vendor withheld title deed; frustration clause inapplicable and counter-claim lacked evidence.
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Contract for sale of land — specific performance — equitable remedy where vendor refuses to convey — purchaser blameless despite absence abroad — frustration clause construed as inapplicable where contract not frustrated — damages inadequate for particular land — counter-claim dismissed for lack of evidence.
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29 August 2013 |
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Interim injunction refused: floating debenture empowered sale by receivers and applicants showed no prima facie legal right or equitable entitlement.
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Receivership and security enforcement — floating debenture charging whole property — interlocutory injunction requires prima facie right — promissory/equitable estoppel not raised below and equity unavailable to defaulting party — balance of convenience considered only after prima facie right established.
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28 August 2013 |
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Summary judgment under Order 14 was improperly granted where the defendant’s pleaded defence raised triable issues, warranting a full trial.
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Civil procedure — Summary judgment (Order 14 Rule 1) — Defendant’s pleaded defence and third‑party defences — triable issues — propriety of summary disposal; proof of special damages; title disputes and effect of unregistered documents.
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21 August 2013 |
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A stay of execution was refused: appeal alone insufficient, no prospects, judgment executed, and applicants had dilatory conduct.
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Civil procedure — Stay of execution — discretionary remedy requiring good prospects of success — appeal does not automatically stay execution — judgment after trial v. default judgment — effect of execution and dilatory conduct on entitlement to stay.
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19 August 2013 |
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Appellate court reduced an excessive 60-year defilement sentence to 35 years for failure to consider plea and mitigation.
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Criminal law — Defilement of a girl under 16 — Sentence — Plea of guilty and first-offender status as mitigation — Appellate interference where sentence is wrong in principle or manifestly excessive — Disparity of sentences.
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13 August 2013 |
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Whether a defective voir dire vitiates a defilement conviction and if corroboration or special grounds justify upholding conviction and sentence.
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Juveniles Act s122(1) — voir dire and competency to give sworn evidence; sexual offences — requirement for corroboration, opportunity as corroboration and ‘something more’ (special and compelling grounds); sentencing — retrospective effect of mandatory minima and appellate review of excessiveness
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12 August 2013 |
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Motion to set aside dismissal for want of prosecution refused where appellant misfiled Notice and failed to lodge Record or seek extension.
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Civil procedure — Appeal — Dismissal for want of prosecution where Record of Appeal not lodged within 60 days; misfiling Notice of Appeal in wrong registry; duty to apply for extension of time; no relief for counsel’s procedural error; fortuitous circumstances not shown.
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9 August 2013 |