Results.
110 judgments found.
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| August 2015 |
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4 August 2015 |
| July 2015 |
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Appellant's bus-hire claim failed for lack of invoices and credible evidence respondent contracted with a third party.
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Evidence — contract for services — requirement of documentary proof (invoices/payment vouchers) to establish periodic hire; Burden of proof — claimant must prove liability on balance of probabilities; Civil procedure — evidence of unpleaded matters may be considered if not objected to; Company law — separate corporate personality (Salomon principle) prevents attributing another company’s obligations to the respondent due to common directorship/shareholding.
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27 July 2015 |
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Circumstantial evidence, identification parade and ballistic matches sustained convictions and sentences for aggravated robbery.
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Criminal law — Aggravated robbery — circumstantial evidence — odd coincidences — identification parade — admissibility of silence and adverse inference — possession of stolen property and ballistic matching.
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22 July 2015 |
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Appellant's non-payment repudiated the contract; respondents entitled to standby, demobilisation and mobilisation fees; fuel valuation and post-payment credited.
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Contract law — schedule-of-rates/severable contract — non-payment as repudiatory breach — termination under contractual notice clause — entitlement to standby time and demobilisation where stoppage caused by payer's default — mobilisation fee entitlement — liquidated damages not recoverable where claimant's own breach caused delay — apportionment and assessment of shared fuel costs — post-termination payment credit.
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13 July 2015 |
| June 2015 |
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25 June 2015 |
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25 June 2015 |
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24 June 2015 |
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9 June 2015 |
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2 June 2015 |
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Medical corroboration and proven opportunity upheld a defilement conviction despite absence of accused’s HIV test.
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Criminal law — Defilement — Corroboration by medical evidence (torn hymen, HIV result) — Proof of age — Identity and opportunity — Absence of accused’s HIV test not fatal to prosecution — Accused’s silence and inferences.
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2 June 2015 |
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2 June 2015 |
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2 June 2015 |
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2 June 2015 |
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2 June 2015 |
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Possession of large concealed cash may ground reasonable suspicion under s71; prosecution need not prove a predicate offence.
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Forfeiture of Proceeds of Crime Act s71 — 'may reasonably be suspected' standard — possession plus articulable facts — no need to prove predicate offence — s71(2) defence shifts evidentiary burden (balance of probabilities) — s78 indicates lower standard for factual issues
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1 June 2015 |
| May 2015 |
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A government circular cannot retrospectively reduce an employee’s accrued gratuity entitlement without consent.
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Employment law — gratuity — construction and effect of administrative circulars — accrued rights — unilateral retrospective variation of conditions of service impermissible — discrimination in benefit allocation — Industrial and Labour Relations Act s.85(5).
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29 May 2015 |
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25 May 2015 |
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25 May 2015 |
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25 May 2015 |
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20 May 2015 |
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20 May 2015 |
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18 May 2015 |
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Whether an arbitral tribunal may sua sponte determine document authentication and terminate proceedings without denying a party its case.
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Arbitration — jurisdiction ratione materiae — competence‑competence; Arbitration Act s.17(2)(a)(ii) — construction disjunctive (Interpretation & General Provisions Act s.4(4)); Party autonomy — procedural limits where parties choose governing substantive law; Authentication of Documents Act — place of execution; Ultra petita — tribunal exceeding mandate; Setting aside and remittal to arbitration.
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15 May 2015 |
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14 May 2015 |
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An appeal against a Deputy Registrar’s interlocutory decision made in exercise of assessment jurisdiction properly lies to the Supreme Court.
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Civil procedure — jurisdiction of appeal — Order 30/10(1) and (4) HCR — appeals from Deputy Registrar on assessment of damages lie to the Supreme Court — Statutory Instrument No.71 of 1997 clarifies sub‑rule (4) — subpoena duces tecum issued in assessment proceedings.
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14 May 2015 |
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Court corrected a clerical error on applicable circular and dismissed a separate appeal for want of prosecution.
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Civil procedure — Interpretation of prior judgment — correction of clerical slip — reference to Circular B3 of 1965 corrected to Circular No. B9 of 1985 governing baggage allowance; Criminal procedure — dismissal for want of prosecution — failure to prosecute and failure to file grounds and heads of argument after undertaking
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13 May 2015 |
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Arbitral award upheld: arbitrator acted within mandate and damages clause not contrary to public policy.
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Arbitration — setting aside award — scope of arbitrator’s mandate — court may examine award, pleadings and affidavits where submission agreement absent; arbitrator’s implication of contractual term upheld
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Contract — liquidated damages — penalty/public policy — award not contrary to public policy
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2 May 2015 |
| April 2015 |
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Non-compliance with s13 Lands Act rendered re-entry invalid; administrator entitled to claim and compensation for demolished improvements.
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Lands Act s13 — failure to serve notice of intention to re-enter invalidates re-entry; inchoate interest vests rights for administrator; bona fide lessee doctrine; entitlement to compensation for demolished improvements; certificate of title cancellation.
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24 April 2015 |
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15 April 2015 |
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Rape conviction quashed where complainant's testimony was uncorroborated and prosecution failed to prove absence of consent.
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Criminal law — Rape — Elements: carnal knowledge and lack of consent — Corroboration required in sexual offences — Early complaint and corroboration on consent — Failure to call available witness (early compliant uncle) constitutes dereliction of duty and permits adverse inference — Burden on prosecution to prove absence of consent beyond reasonable doubt — Conviction unsafe where twin dangers of false complaint and implication not eliminated.
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14 April 2015 |
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1 April 2015 |
| March 2015 |
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The appellant’s dismissal was contractual (notice/pay in lieu), not redundancy; no entitlement to continued salary or repatriation subsistence.
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Employment law — termination — redundancy v contractual termination — s26B Employment Act; Repatriation expenses — s13(2)(b) relates to travel/subsistence not continued salary; Payment in lieu of notice — contractual enforcement; Recusal — consent order; Distinguishing precedent to avoid unjust enrichment.
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31 March 2015 |
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Applicant’s wrongful dismissal claim dismissed: evidence supported misconduct and procedural lapses did not render dismissal wrongful.
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Employment law — wrongful dismissal — disciplinary procedure — evaluation of witness identification and credibility — appellate restraint on factual findings — reinstatement discretionary and exceptional.
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26 March 2015 |
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Applicant's review of dismissal dismissed: no irrationality, illegality or breach of natural justice found.
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Judicial review — Wednesbury unreasonableness; Illegality — discretionary regulatory provisions (Reg.34); Natural justice — opportunity to be heard via documentary evidence; Administrative allocation of cases — disciplinary consequence; Consideration of prior misconduct.
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26 March 2015 |
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Where termination by pay-in-lieu conceals bad faith motivated by racial incident, the Industrial Relations Court may award compensatory damages.
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Industrial Relations Court — power to do substantial justice — may probe motive behind termination by notice; wrongful termination in bad faith; damages for loss of employment; measure of compensation where pay-in-lieu and alternative employment exist; racial discrimination as motivating factor.
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24 March 2015 |
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Collective agreement’s maximum‑duration clause did not extend an existing fixed‑term contract; refusal to renew need not be probed.
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Employment law — fixed‑term contracts — interpretation of collective agreement maximum duration clause; Industrial Relations Court’s jurisdiction to probe reasons for termination; freedom not to contract vs protection for union activity; non‑renewal of contract not equivalent to dismissal for union activities.
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20 March 2015 |
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Whether a trial court may vary the contractual mortgage interest rate or must enforce the agreed rate.
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Mortgage enforcement — Consent order — Variation of contractual terms — Whether a court may substitute agreed contractual interest rate with current bank lending rate — Appellate correction of trial judge's variation of mortgage terms.
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13 March 2015 |
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Appellant's wrongful dismissal claim failed; dismissal affirmed; procedural defects immaterial where conduct warranted dismissal; new issues barred.
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Employment law — wrongful dismissal (contractual/ procedural breach) — distinction from unfair dismissal — dismissal for offence where appropriate punishment is dismissal not rendered wrongful by procedural defects — appellate procedure: issues not raised below inadmissible on appeal.
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13 March 2015 |
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A complaint filed outside section 85(3) without leave deprived the Industrial Relations Court of jurisdiction; appeal dismissed.
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Industrial Relations Act s85(3) — statutory limitation period — jurisdictional bar to out‑of‑time complaints; leave to file out of time required — waiver/acquiescence or filing an Answer cannot confer jurisdiction — Limitation Act acknowledgment principle not applicable to oust statutory jurisdictional requirement; acting appointments and entitlement to confirmation.
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4 March 2015 |
| February 2015 |
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A certificate of title is conclusive ownership; community school registration and donor funding do not divest title absent pleaded, proved fraud.
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Property law — Conclusive effect of certificate of title; Fraud allegations — must be specifically pleaded and strictly proved; Community schools — registration/financing does not transfer legal title; Management by PTA vs proprietary ownership; Subdivision of titled land — statutory procedure required; Locus standi and waiver by failure to raise preliminary objection.
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22 February 2015 |
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18 February 2015 |
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12 February 2015 |
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10 February 2015 |
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Dismissal substituted with prescribed discharge where misconduct proven but employer imposed wrong penalty.
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Employment law — disciplinary procedures — unauthorised absence/desertion — distinction between dismissal and discharge under employer's disciplinary code — appellate review of factual findings.
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6 February 2015 |
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Dismissal of a director for losses caused by a subordinate was wrongful where evidence showed supervisory failures at lower levels, not the director.
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Employment law — unfair dismissal — sufficiency of facts to justify disciplinary dismissal — imputation of negligence to head of department — reliance on disciplinary proceedings and audit reports — remedies: damages, accrued benefits and interest.
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4 February 2015 |
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3 February 2015 |
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2 February 2015 |
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2 February 2015 |
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2 February 2015 |
| January 2015 |
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Appeal stayed until appellants pay K10,000 security for costs due to likely inability to meet adverse costs.
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Civil procedure — Security for costs — Rule 56 Supreme Court Rules — stay of appeal pending payment — casual employees' financial incapacity — respondent's costs secured.
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23 January 2015 |