Results.
174 judgments found.
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| December 2014 |
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Whether amended Rule 49 requires filing and service timing that ousts the Court’s jurisdiction to hear the appeal.
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Civil procedure — Supreme Court Rules — Interpretation of Rule 49(2) and amended Rule 49(5) (2012) — Requirement to file notice of appeal within 30 days and to lodge/serve notice with memorandum within 14 days — Whether alleged time breach ousts jurisdiction — Leave to appeal out of time
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29 December 2014 |
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18 December 2014 |
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Whether mandatory interlocutory relief can prevent implementation of disputed party resolutions and restore a suspended party president pending suit.
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Interlocutory injunctions — requirement to define parameters — application of American Cyanamid principles — mandatory vs prohibitory injunctions — appellate discretion to consider arguments beyond lower court/memorandum — internal party disputes and suspension.
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18 December 2014 |
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Appeal allowed: appellate court granted mandatory interim relief restoring the suspended party president and restrained implementation of contested resolutions.
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Civil procedure — interlocutory injunctions — requirements (serious question, irreparable injury, balance of convenience, clean hands) — scope and parameters of relief; appeal — admissibility of arguments not fully developed below or beyond memorandum of appeal; mandatory vs prohibitory injunctions — restoration pending determination; appellate power to grant relief.
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18 December 2014 |
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15 December 2014 |
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9 December 2014 |
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9 December 2014 |
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Group attack causing injuries justified a 20‑year aggravated robbery sentence; appeal against sentence dismissed.
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Criminal law — Aggravated robbery — Sentence — Whether sentence excessive — Group attack and grievous harm as aggravating circumstances — First offender — Appeal against sentence — Notice of appeal without grounds; failure to file Heads of Argument.
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3 December 2014 |
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2 December 2014 |
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Strong circumstantial evidence and common‑design liability upheld; appellate court defers to trial judge on credibility and dismisses appeal.
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Criminal law — Conviction on circumstantial evidence — standard of cogency permitting only inference of guilt; Parties to offence — Section 21; Common design — Section 22; Appellate deference to trial court credibility findings; Burden of proof remains on prosecution
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2 December 2014 |
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2 December 2014 |
| November 2014 |
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Circumstantial evidence and res ipsa loquitur supported finding of medical negligence for a broken hypodermic needle.
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Medical negligence — administration of injections — broken hypodermic needle — res ipsa loquitur — circumstantial evidence — duty of care — failure to detect/remove or refer — assessment of conflicting expert evidence
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20 November 2014 |
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A counter-claim or set-off will not ordinarily defeat a mortgagee’s right to possession; stay discharged for lack of realistic repayment prospect.
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Mortgage law — possession and foreclosure — counter-claim/equitable set-off does not defeat legal mortgagee’s right to possession absent contractual/statutory limitation — equitable discretion to postpone possession only where mortgagor can realistically pay within reasonable time — appellate preview of appeal prospects in stay applications
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19 November 2014 |
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The respondent was justified in summarily dismissing the applicants for refusing to attend an investigation.
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Employment law — Summary dismissal — Contractual approach — Disobedience/insubordination as ground for dismissal — Conditions of Service/disciplinary code not engaged where no formal charge — Admissibility and weight of unpleaded Audit Report — Appellate restraint on findings of fact.
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17 November 2014 |
| October 2014 |
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Provisional liquidators are usually paid from company assets, but courts may refuse payment where the winding-up petition was abusive or statute-barred.
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Companies Act s285; Companies (Winding-Up) Rules r8(6) — provisional liquidator remuneration and expenses — court's discretion where petition fails or is rescinded — assessment requires detailed, itemised justification; abuse of winding-up proceedings; refusal to make company pay where petition is vexatious or statute-barred.
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31 October 2014 |
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Court allowed appeal: provisional liquidator ordinarily entitled to fees from company assets, but court may refuse payment where petition is an abuse and quantum must be properly assessed.
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Companies law — provisional liquidator remuneration — s.285 Companies Act; Companies (Winding-Up) Rules r.8(6) — entitlement to fees from company assets — court discretion where petition fails or is abuse of process — requirement for itemised assessment and proof of expenses.
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31 October 2014 |
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Section 11 does not bar court challenges to title; caveat removal can be included in writ with related claims; amendment costs lie with the amending party.
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Lands and Deeds Registry Act s11 — Registrar’s correction power not a condition precedent to court action cancelling title; Certificate of title challenge for fraud must be by court action; Lands and Deeds Registry Act s81 — caveat removal generally by originating summons but may be included in writ where part of interrelated claims; Amendment of pleadings — amending party normally bears costs; costs discretion must be exercised judicially
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30 October 2014 |
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Buyer entitled to reject unmerchantable heavy‑duty printer; warranty silence did not negate statutory right to reject.
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Sale of Goods Act s.14(2) — implied condition of merchantability; hidden defects; buyer’s right to reject unmerchantable goods; reasonable time for rejection; warranty terms do not negate statutory implied conditions
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30 October 2014 |
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EIA consultation rights extend beyond title holders; subsequent consultations and agency approvals can cure initial EIA defects.
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Environmental law — Environmental Impact Assessment — right to be consulted not limited to title holders; scope and cure of EIA defects; discretionary admission of further evidence on appeal; mining licence outsourcing permitted where affiliate licensed; reliance on agency approvals and mitigation conditions
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30 October 2014 |
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A Supreme Court remittal obviates the need to commence fresh High Court proceedings by originating process.
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Civil Procedure
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Remittal by Supreme Court — Effect on commencement in High Court — No requirement to file originating process when remitted under section 25
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Mode of commencement — High Court may give directions following remittal but should not require de novo commencement where remitted
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Administrative/Land Law — Jurisdiction of Lands Tribunal — Registered land disputes and certificates of title fall within High Court jurisdiction
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30 October 2014 |
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Deposit of title deeds creates an equitable mortgage securing credit; liability apportioned equally where a joint venture incurred the debt.
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Company Law — Directors' Representation — Holding out as director and liability under Companies Act s.203(3)
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Property Law — Equitable Mortgage — Deposit of title deeds creates an equitable charge securing third‑party debt
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Civil Procedure — Appeal on facts — Trial judge's factual findings not displaced absent perversity; apportionment corrected to avoid injustice
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30 October 2014 |
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Non-parties to a bank guarantee lack standing to challenge payment; negligence claim failed for lack of particulars and evidence.
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Banking law — Bank guarantee and facility — privity and locus standi to sue on guarantee — beneficiary's written demand not essential as against non-parties — negligence claims require pleaded particulars and evidential proof — appellate review of factual findings
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28 October 2014 |
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22 October 2014 |
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Third‑party mortgage unenforceable where creditor failed to guard against undue influence and ensure the respondent’s informed consent.
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Banking law — Third‑party equitable mortgage by deposit of title deeds — Proof of deposit and consent — Undue influence and constructive notice where surety has close relationship with borrower — Creditor’s duty to warn and to ensure independent advice
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22 October 2014 |
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22 October 2014 |
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16 October 2014 |
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14 October 2014 |
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Convictions affirmed where recent possession, leading evidence and re-enactments excluded danger of false implication.
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Criminal law — aggravated robbery and murder — circumstantial evidence — suspect witnesses and corroboration — recent possession of stolen property — leading and re-enactment evidence — common purpose liability — sentencing of juvenile.
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14 October 2014 |
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13 October 2014 |
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Insanity must be pleaded and proved; conviction for unnatural offence upheld on credible, corroborated eyewitness evidence.
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Criminal Law — Sexual Offences — Unnatural offence (carnal knowledge of a child) — Proof by eyewitnesses and corroboration — Penal Code s 155
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Criminal Procedure — Fitness to Stand Trial — Procedure when question of unsoundness of mind arises — Inquire under CrPC s 160; insanity must be pleaded and proved on balance of probabilities
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13 October 2014 |
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13 October 2014 |
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13 October 2014 |
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12 October 2014 |
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7 October 2014 |
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5 October 2014 |
| September 2014 |
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29 September 2014 |
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29 September 2014 |
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29 September 2014 |
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25 September 2014 |
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23 September 2014 |
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23 September 2014 |
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23 September 2014 |
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18 September 2014 |
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18 September 2014 |
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Only applications specified under the Landlord and Tenant (Business Premises) Act may be commenced by originating notice; other claims require a writ.
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Landlord and Tenant (Business Premises) Act — mode of commencement — Originating Notice of Motion only for statutory applications; Writ of Summons required for declarations and damages — multiplicity of actions — deeming inappropriate where mixed/misconceived claims
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16 September 2014 |
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7 September 2014 |
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2 September 2014 |
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Earlier valid allocation and payment confer ownership despite non‑occupation; limitation defence waived if not raised below.
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Property law — Government pool housing allocations — Civil Service Home Ownership Scheme eligibility (bona fide sitting tenant) — Competent authority to allocate — Limitation defence waiver — Typographical errors in property descriptions and rectification of title.
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1 September 2014 |
| August 2014 |
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A dismissal for inactivity under Order 53 Rule 12 does not bar a fresh action if the claim was not adjudicated on the merits.
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Civil Procedure — Commercial Court Rules — Dismissal for inactivity under Order 53 Rule 12 — Whether dismissal bars commencement of fresh action — Fresh action permitted where claim not adjudicated or statute‑barred
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21 August 2014 |
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Application to impeach a judgment for alleged ministerial fraud dismissed as abuse of process and not fresh evidence.
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Civil procedure — impeachment of judgment for fraud — fresh evidence requirement — finality and res judicata — abuse of process — pension entitlement and ministerial error
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21 August 2014 |