Results.
12 judgments found.
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| January 2016 |
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Whether unlawful termination by a non‑party to the employment contract justifies enhanced damages beyond benefits paid to the applicant.
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Employment law — Wrongful termination — Privity of contract — Minister lacked authority to terminate employer’s contract — Measure of damages: notice period vs enhanced damages for distress or loss of employment opportunities — Appellate interference standard on quantum of damages.
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26 January 2016 |
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Whether a debt-rescheduling agreement suspended lender's enforcement rights and whether a missing certificate barred recovery.
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Contract law — debt rescheduling agreement — amendment and waiver of existing facility; choice of law — DRA governed by South African law; consideration not required under applicable law; dispute-resolution and distribution provisions; director-signed certificate as prima facie proof — absence not fatal; enforcement of security after rescheduling period.
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26 January 2016 |
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Appellate court upheld trial findings on eligibility and election; assessors not required; appeal dismissed.
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Customary law — chieftainship succession — proof of family tree eligibility — discretion to call assessors under s.34 High Court Act — appellate deference to trial findings.
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26 January 2016 |
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Court upheld consideration of pension rules but found lump-sum acceptance precluded monthly pension; damages unsupported and award partially set aside.
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Industrial Relations Court — jurisdiction to look beyond pleadings; Rule 55 and s.85(5) — substantial justice; Pension Scheme interpretation — Clause 9 lump-sum consent by acceptance; general damages require evidential basis; limits on varying contractual terms by court.
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18 January 2016 |
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Whether a registered title obtained amid caveat irregularities and alleged forgery may be cancelled despite imperfect pleading of fraud.
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Land law — registration — fraud/corrupt acquisition of title — necessity and sufficiency of pleading fraud — cancellation and rectification of title under Lands and Deeds Registry Act — caveat preserved — handwriting expert evidence advisory — evaluation of documentary and circumstantial irregularities.
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15 January 2016 |
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Appeal dismissed for inordinate delay in judicial‑review application and an incompetent, non‑compliant record of appeal.
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Judicial review — delay and promptness (Order 53) — requirement to state grounds for leave — compliance with Supreme Court Rules on record of appeal (Rule 58) — defective record and incompetency of appeal (Rule 68(2)) — procedural dismissal versus merits consideration.
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15 January 2016 |
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8 January 2016 |
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Summary dismissal upheld where the applicant, without authority, waived interest, breaching binding building society rules.
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Employment law — summary dismissal for dishonesty and gross neglect; Building Societies Act — officers bound by society rules; breach of internal rules (Rule 23) — absence of Board authority to waive interest; potential versus actual loss; limited judicial review of disciplinary decisions (substratum of fact).
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7 January 2016 |
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7 January 2016 |
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6 January 2016 |
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5 January 2016 |
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5 January 2016 |