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Citation
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Judgment date
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| March 2019 |
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28 March 2019 |
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Whether employer had reasonable grounds and acted reasonably in dismissing employee for alleged forgery; court must not substitute its view.
Employment law – wrongful dismissal – scope of review by Industrial Relations Court – employer investigations and reasonableness test – fraudulent conduct justifying summary dismissal – appellate competence on mixed law and fact.
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28 March 2019 |
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Whether a financier was liable under a letter of credit: court held it was neither issuing nor advising bank and could enforce loan security.
Banking law – Letters of credit – UCP 600 – Separation of credit and sale contract (Article 4) – Duty to examine documents on issuing bank (Article 14) – Distinction between issuing, advising and confirming/nominated banks – Mortgage enforcement following borrower default.
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28 March 2019 |
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Arbitration cannot be imposed by the court suo motu; service, authentication and party-defects were curable—amendments and leave to serve permitted.
Civil procedure — service outside jurisdiction: leave required but non-compliance curable; authentication of foreign document — unauthenticated instrument valid between parties and signatory estopped from objecting; locus standi — amend/ substitute parties or plead cession; arbitration — court cannot refer to arbitration suo motu; stay must be sought under Arbitration Act s10 and Rules.
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26 March 2019 |
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Whether the appellant was validly dismissed for authorising suspicious cash refunds and entitled to accrued benefits and vehicle purchase.
Employment law – wrongful dismissal – disciplinary procedure and natural justice – dishonest conduct and negligence causing loss – forced leave by third party – accrued benefits and personal-to-holder vehicle eligibility.
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22 March 2019 |
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The respondent bank failed to ensure the appellants consented to continuing liability, so later facilities could not be secured by their mortgages.
Third-party mortgages – continuing security – bank’s duty to inform guarantor/surety – obligation to ensure independent legal advice – undue influence/relationship of trust – discharge of guarantee and consequent discharge of securities.
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20 March 2019 |
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Limitation periods bar joinder to pursue piercing of the corporate veil; amendments allowed if arising from same facts; witnesses not injuncted.
Limitation Act — joinder after expiry barred; Amendment of pleadings — Order 20(5)(5) allowed where new claim arises from same facts; Piercing corporate veil — s.383 applies in any proceedings but does not waive limitation; No property in a witness — injunctive restraint on testimony not warranted; Documents supplied at discovery — late objections may be barred.
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20 March 2019 |
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Statutory limitation bars post‑limitation joinder and veil‑piercing; pleadings may be amended if arising from same facts.
Limitation of actions — Joinder after limitation period — Amendment of pleadings (Order 20(5)) — Piercing corporate veil — Companies Act s.383 — Jurisdictional nature of limitation — Witness confidentiality and expunging evidence.
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20 March 2019 |
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An arbitrator's non-disclosure of a relationship with the respondent can render an award contrary to public policy and void.
Arbitration — Duty of disclosure — Arbitrator's continuing obligation to disclose relationships (Regulation 2 SI No.12 of 2007) — Non-disclosure creates perception of bias — Award may be set aside under Section 17 of the Arbitration Act and Article 34 of the Model Law as contrary to public policy — Article 12 challenge does not bar later annulment.
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20 March 2019 |
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Arbitrator’s non‑disclosure of a personal relationship can create perceived bias and justify setting aside the award on public policy grounds.
Arbitration — Duty of disclosure — Arbitrator must disclose prior interests/relationships — Non‑disclosure creates perception of bias — Public policy (Section 17 Arbitration Act & Article 34 Model Law) — Article 12 challenge to appointment does not bar later setting aside — Courts’ limited review of merits.
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20 March 2019 |
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Non‑disclosure by an arbitrator of a personal relationship can create perceived bias and justify setting aside an award as contrary to public policy.
Arbitration law – Duty of disclosure – Arbitrator’s personal/family relationship – Perception of bias – Public policy ground under Section 17/Article 34 – Article 12 challenge and waiver – Judicial review limited but permits intervention for non‑disclosure.
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20 March 2019 |
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An employer’s creation of a Minister‑approved pension scheme displaces prior accrued benefit formula; employee consent is not required.
Employment law – Pension schemes – Interpretation of clause importing paragraph 8 of SI No.119/1997 – Effect of employer’s establishment of Minister‑approved pension scheme on accrued retirement benefits – Consent and acquiescence – Transfer of liability via contributions/letter of 4 August 2011.
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19 March 2019 |
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Unfounded public allegations of judicial corruption amount to contempt; apology mitigates but a punitive fine was imposed.
Contempt of court — scandalizing the court by imputing corruption to judges — limits of permissible criticism — mitigation by apology and guilty plea — sentencing: fine or imprisonment.
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15 March 2019 |
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Unsubstantiated rumours, withdrawn and apologised for by their author, cannot support a contempt citation against the mentioned person.
Contempt of court — scandalizing the court by imputing judicial bias — allegation based on rumour — third‑party author’s apology and withdrawal — insufficiency to sustain contempt citation.
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15 March 2019 |
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An unsubstantiated, withdrawn allegation cannot sustain a contempt citation against an alleged contemnor.
Contempt of court – scandalizing the court – imputation of bias against a judge – necessity of substantiation for contempt citations – effect of withdrawal and unreserved apology by author on contempt proceedings against a third party.
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15 March 2019 |
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Written, unsubstantiated accusations of judicial corruption constitute contempt and attract a deterrent fine or imprisonment.
Contempt of Court – written allegations of judicial corruption – plea of guilty and apology – mitigation and sentencing – deterrent sentence to protect judicial independence and public confidence.
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15 March 2019 |
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Court held the later claims were not res judicata, were not time‑barred under section 19(1)(b), and deceased plaintiffs may be substituted for trial.
Civil procedure — res judicata — conditions for plea of res judicata; Limitation — section 19(1)(b) Limitation Act 1939 and constructive trust; Substitution — deceased plaintiffs and personal representatives; Abuse of process and procedural technicalities vs. trial on merits.
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13 March 2019 |
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An out-of-time appeal without leave is incompetent; a judge's s305(1) recommendation after the appeal period places the matter within the Executive and bars a later appeal.
Criminal procedure – appeal filed out of time without leave – Rule 12 Supreme Court Rules – section 305(1) Criminal Procedure Code – recommendation to President/prerogative of mercy bars subsequent appeal after appeal period.
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13 March 2019 |
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A deficient trial judgment does not mandate acquittal where the record establishes aggravated robbery beyond reasonable doubt.
Criminal law – Aggravated robbery – Proof of violence in obtaining property – Trial judgment requirements under s.169 Criminal Procedure Code – Defective judgment does not automatically require acquittal where evidence proves offence – Sentencing: requirement to give reasons; limits on appellate enhancement absent proper charge.
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13 March 2019 |
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Ballistics reports may be admissible via the arresting officer; eyewitness and circumstantial evidence can sustain armed robbery convictions.
Evidence – Ballistics report admissibility; arresting officer may tender report where no objection. Criminal law – proof of firearm use; eyewitness and circumstantial evidence may establish armed robbery
Identification – visual ID and recovery of stolen property link accused to offence
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13 March 2019 |
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13 March 2019 |
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13 March 2019 |
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A deficient trial judgment did not vitiate conviction where evidence proved aggravated robbery, but sentencing required stated reasons.
Criminal law – Aggravated robbery – Sufficiency of evidence; Criminal procedure – Judgment writing – Section 169(1) compliance; Sentencing – requirement to give reasons and prosecution’s role (Section 302); Trial management – related offences should be tried together to avoid multiplicity (Article 18).
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13 March 2019 |
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Leave to seek judicial review was refused because the challenge to a 2005 decision was inordinately delayed and would harm public administration.
Administrative law — Judicial review — Leave to apply — Limitation — Order 53 rule 4 — One‑off decision v continuing decision — Implementation does not restart limitation — Inordinate delay — Public interest and protection of good administration — Sufficient interest and prima facie case insufficient where delay fatal.
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11 March 2019 |
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Commencing fresh proceedings instead of setting aside an unchallenged earlier judgment constituted duplicity and abuse of process.
Civil procedure — Duplicity of actions; abuse of process; Rules of the Supreme Court O.113; setting aside judgment for lack of service; risk of conflicting enforceable judgments.
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11 March 2019 |
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A fresh action after an unchallenged summary judgment was duplicative and abusive; the correct remedy was to apply to set aside the earlier judgment.
Civil procedure – duplicity of actions – abuse of process – execution of summary judgment – remedy to set aside default/summary judgment – risk of conflicting judgments.
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11 March 2019 |
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Interlocutory injunction set aside: no serious question on receivership validity; matter fit for transfer to Commercial Division.
Injunctions — American Cyanamid threshold — serious question to be tried; Receivership — power under debenture/mortgage to appoint receiver when monies due; Demand — no requirement for fresh demand where security permits appointment; Companies Act s371 — Registrar’s acceptance of late lodgment; Civil procedure — transfer to Commercial List (Commercial Division).
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11 March 2019 |
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Interlocutory injunction set aside; receiver appointment under debenture posed no serious question and case transferred to Commercial List.
Injunction — American Cyanamid threshold; receivership — validity of appointment under mortgage/debenture; effect of discontinuance on power to appoint receiver; requirement of fresh demand; lodgment with Registrar — s.371 Companies Act; transfer to Commercial List.
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11 March 2019 |
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Acceptance of a refund rescinded the sale, extinguishing the buyer's proprietary interest; repayment did not revive the contract.
Contract law — rescission by agreement — acceptance of refund of purchase price extinguishes original contract for sale of land; repayment does not revive rescinded contract absent enforceable written agreement. Local government/land alienation — sale or lease of council land requires full council (and where applicable ministerial) approval under the Local Government Act; absence of such approval renders alienation unenforceable. Proof of forgery — irregularity in offer letter insufficient where forgery not proved. Agency/ostensible authority — acts of council officers examined but rescission governs outcome
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11 March 2019 |
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11 March 2019 |
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The Act permits prompt destruction of animals for disease control without prior individual notice; compensation excludes consequential losses.
Animal Health Act — disease control powers of veterinary officers — destruction of animals without prior individual notice; s6(1)–(3), s22–23, s70 (compensation), s72(1)–(2) (appeals) — Gazette and sensitization meetings as adequate notice — exclusion of loss of profit from compensation.
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11 March 2019 |
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Certificate of title in customary area may be cancelled for procedural irregularity, not only fraud; conversion to title ends customary tenure.
Land law — Certificate of title — Cancellation not limited to fraud; irregularity or failure to follow statutory/customary alienation procedures can vitiate title — Joinder of prior vendor not always necessary — Case management and closure of evidence — Conversion to leasehold removes customary tenure.
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11 March 2019 |
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Judicial review cannot substitute merits; tribunal's findings were within scope, not Wednesbury-unreasonable, and appeal dismissed as academic.
Judicial review – scope limited to decision-making process not merits; Illegality – decision within tribunal’s terms of reference; Irrationality – Wednesbury unreasonableness standard; Procedural impropriety – no denial where terms of reference issues were appropriately dealt with; Academic and abuse of process; Costs awarded.
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11 March 2019 |
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Procedural lapses cannot invalidate dismissal when facts establish a dismissible offence; judgment sums must be ascertained before execution.
Employment law – wrongful/unfair dismissal – procedural irregularity (unsigned disciplinary minutes) – when substantiating facts negate procedural nullity; Civil enforcement – writ of fi.fa – requirement that judgment sums be ascertained by court/assessment before execution; Costs – Industrial Relations Court Rule 44(1) limits costs awards to specified misconduct; Sheriffs Act s.14(2) – liability for irregular execution; s.85(5) substantial justice not a licence to override statutory liabilities.
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11 March 2019 |
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Whether assurances about a third‑party investor, proof of interest, and a corporate restructuring transferred MMI liabilities.
Banking law (s.29) – corporate restructuring – vesting only of expressly transferred assets/liabilities; Contract law – distinction between contractual terms and mere representations; Burden of proof for interest claims – insufficient evidence cannot be referred for assessment; Privity/novation and assignment of obligations.
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7 March 2019 |
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Purchaser in possession may recover vehicle damages despite incomplete transfer; unlit trailer negligence and unpleaded contributory negligence fatal to defence.
Road traffic negligence — Unlit/unmarked trailer as negligent obstruction — Purchaser in possession has inchoate interest to sue despite incomplete transfer — Illegality (uninsured/unlicensed operation) does not bar recovery of vehicle damage but precludes business loss — Contributory negligence must be specifically pleaded.
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7 March 2019 |
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Purchaser in possession may sue for vehicle damage; illegality of use does not bar negligence recovery; contributory negligence must be pleaded.
Road traffic negligence — Liability for collisions with unlit/ unmarked obstruction — Locus to sue with equitable possession though legal registration pending — Illegality of vehicle use does not automatically bar tort claim — Contributory negligence must be specifically pleaded.
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7 March 2019 |
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Appeal dismissed: trial court properly relied on a 2007 traditional-court judgment and eyewitness evidence to vest disputed customary land in the deceased Robinson’s estate.
Customary/traditional land – ownership and succession – authenticity and effect of traditional court judgments – appellate review of findings of fact – standard for overturning factual findings.
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7 March 2019 |
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Whether a traditional court judgment and witness evidence established that untitled customary land formed part of the respondent's estate.
Customary land – ownership – traditional court judgments – authenticity and finality of traditional court decisions – weight of eyewitness oral evidence – appellate review of findings of fact in land and succession disputes.
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7 March 2019 |
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A court may not award damages for negligence that was neither pleaded nor proved on the evidence.
Civil procedure — Pleadings — Negligence must be specifically pleaded and proved; trial court must not decide unpleaded causes; employer's duty of care and safe system of work; limits of Section 13 High Court Act; evidence on unpleaded matters considered only if led and unobjected to.
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7 March 2019 |