Results.
15 judgments found.
|
|
|
| September 2015 |
|
|
The applicant's appeal dismissed because the order granting the respondent unconditional leave to defend is not appealable under Section 24(1)(b).
-
Civil procedure — default judgment — setting aside default judgment — leave to defend — conditional v. unconditional leave — appealability under section 24(1)(b) Supreme Court Act — time and costs directions do not convert unconditional leave into conditional leave.
|
30 September 2015 |
|
A court may order joinder at any stage, including on appeal, where interested parties’ rights in the subject matter will be affected.
-
Joinder of parties — Order 14 Rule 5 High Court Rules and Order 15 Rule 4(1) Supreme Court Rules — applicability to appeals — joinder at any stage to avoid multiplicity — interest in subject matter and locus standi.
|
17 September 2015 |
|
Employees who refused a lateral transfer during a lawful consolidation were deemed to have resigned, not entitled to redundancy.
-
Employment law — Corporate consolidation and transfer of contracts — Section 35 Employment Act (consent to transfer) — lateral transfer vs redundancy — deemed resignation for refusal to consent — continuity of employment; evidentiary role of labour officer presence.
|
10 September 2015 |
|
Liability was res judicata; appellate court upheld damages that accounted for depreciation and were supported by unchallenged evidence.
-
Tort — vicarious liability — res judicata where same accident previously adjudicated; Evidence — res gestae and hearsay; Damages — assessment of damaged chattels accounting for depreciation; General vs special damages; Appellate review of factual findings.
|
10 September 2015 |
|
Whether a third party mortgage and consent created a continuing security for future facilities and whether guarantees/debenture were enforceable.
-
Mortgage law — construction of mortgage and consent — continuing security for future/additional facilities; originating summons in mortgage actions; enforcement of debenture and personal guarantees together; undue influence and bank's duty to ensure guarantor's understanding.
|
9 September 2015 |
|
Substantial loss alone did not justify retirement with full benefits; absent special circumstances damages equal to three months' salary awarded.
-
Employment law — disciplinary sanctions — substitution of summary dismissal with warning for first offender; wrongful/unfair dismissal remedies — retirement with benefits versus damages; normal measure of damages absent special circumstances.
|
9 September 2015 |
|
A court should not grant interlocutory injunctions solely on a counter-claim; where needed the injunction may restrain both parties to preserve the status quo.
-
Interlocutory injunctions — procedural prerequisites and judicial discretion; injunctions ordinarily by summons supported by affidavit and undertaking as to damages — counter-claim and opposing affidavit cannot substitute an application; certificate of title v. equitable/contractual claim — prospects of success and preservation of status quo; balance of convenience; extension of injunctive relief to both parties to prevent fait accompli.
|
9 September 2015 |
|
Trial judge’s reliance on extraneous facts and neighbourhood prejudice made a 20-year sentence excessive; reduced to 10 years.
-
Criminal law — Sentencing — Excessive sentence — Trial judge relying on facts outside prosecutor's statement — Bias from adverse comments about accused's residence — Fair trial rights — Sentencing principles (antecedents, plea, prevalence).
|
9 September 2015 |
|
Failure by the appellant to lodge the record within the mandatory 60 days renders the appeal incompetent.
-
Civil procedure — Appeals — Mandatory compliance with Rule 54 SCR (lodging Record of Appeal within 60 days) — Computation of time — Saturdays, Sundays and public holidays excluded only when time limited is less than six days — Reported editorial errors not binding — Appeal dismissed as incompetent.
|
9 September 2015 |
|
Inaccurate, non-contemporaneous court-reporting is not privileged; defamatory publication warrants general but not necessarily punitive damages.
-
Defamation — report of court proceedings — requirement that report be contemporaneous, fair and accurate for absolute privilege under s.8 Defamation Act — omission of consent settlement defeats privilege; falsity and malice presumed where words are defamatory; damages presumed without proof of actual injury; exemplary damages require contumelious conduct.
|
9 September 2015 |
|
A cogent chain of circumstantial facts can sustain a murder conviction despite unexplained possession of the victim's phone.
-
Criminal law — Circumstantial evidence — conviction requires cogent, cumulative chain of facts excluding innocent hypothesis; Recent possession doctrine inapplicable to murder; burden of proof beyond reasonable doubt; evidence available only to police — presumption but displaceable; appellate review of credibility findings.
|
8 September 2015 |
|
Failure to show fresh material evidence under Order 39; appeal incompetent and dismissed with costs.
-
Civil procedure — Review under Order 39 — requirement of fresh material evidence — Service of process on local agent versus foreign company — Misjoinder/wrong service as ground of appeal — Competence of appeal where notice and grounds conflict.
|
8 September 2015 |
|
Dismissal for unauthorised public fund payments was fair; procedural defects do not invalidate dismissal where the offence warrants dismissal.
-
Employment law — unfair dismissal — unauthorised payment of public funds — disciplinary procedure — prior warning — effect of procedural non‑compliance where offence warrants dismissal — burden of proof in unfair dismissal claims.
|
8 September 2015 |
|
The appellant failed to recover fees from the 3rd respondent because it did not prove a retainer or instructions by that respondent.
-
Solicitors' fees — retainer — burden of proof to establish retainer — payment as deposit — corporate veil — lifting veil only on evidence of agency/instruction — costs follow the event.
|
4 September 2015 |
|
|
1 September 2015 |