Results.
11 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 |