Results.
21 judgments found.
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| 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Rules r8(6) — provisional liquidator remuneration and expenses — court's discretion where petition fails or is rescinded — assessment requires detailed, itemised justification; abuse of winding-up proceedings; refusal to make company pay where petition is vexatious or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 |