Results.
10 judgments found.
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| September 2013 |
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Reallocation without s.13 notice was invalid; original lessee retained title and purchaser was not an innocent buyer.
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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
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26 September 2013 |
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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.
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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
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26 September 2013 |
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Whether retirees are entitled to revised repatriation rates and mealie meal subsidy under Circular B.15/1999.
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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.
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23 September 2013 |
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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.
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Property sale — Waiting list and short-lease tenancy — Priority to tenant when prior purchaser fails — Promissory estoppel/equity (High Trees; Walsh v
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Lonsdale) — Remedy: offer to sell and accounting for deposit and seized goods
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17 September 2013 |
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Appellants who continued working and accepting revised pay were held to have acquiesced to new terms and not entitled to terminal benefits.
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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.
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13 September 2013 |
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Dismissal held unlawful where audit report was disowned and allegations were untested; appellant awarded pay, damages, and terminal benefits.
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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.
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12 September 2013 |
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Loan agreement (with delivery notes and account) entitled the creditor to collect tobacco; only 500 kg was proved taken; counter-claim allowed.
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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.
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11 September 2013 |
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Conviction and 45-year sentence for defilement upheld despite relatives’ evidence; independent medical and circumstantial corroboration sufficed.
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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.
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3 September 2013 |
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Court upheld conviction based on cogent circumstantial evidence, including the applicant's flight and recent possession.
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Criminal law — circumstantial evidence — recent possession and flight as indicia of guilty knowledge — inference must be the only reasonable one; appellant's implausible explanation rejected
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2 September 2013 |
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Conviction for armed robbery unsafe without proof the weapon was a firearm; ballistic evidence required where no shooting occurred.
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Criminal law — Aggravated robbery — Requirement to prove weapon is a "firearm" under the Firearms Act — Necessity of ballistic examination where no shooting occurred — Sufficiency of identification of recovered weapon
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2 September 2013 |