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Citation
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Judgment date
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| May 2019 |
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Whether a pay‑slip gross‑up for tax creates an accrued contractual service‑allowance right for computing retirement benefits.
Employment law — service allowance — whether pay‑slip grossed up for tax creates accrued contractual entitlement — employer grossing up to cushion tax does not alter contractual percentage used to compute terminal benefits; appellate review of perverse or misapprehended factual findings.
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29 May 2019 |
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High Court retains concurrent jurisdiction to hear counterclaims challenging re-entry, cancellation and renumbering of land despite Lands Act provisions.
Lands Act ss.13(3) & 15(1) – High Court and Lands Tribunal have concurrent jurisdiction; certificate of re-entry; cancellation and renumbering of title; jurisdictional objections; allegations of fraud; section 34 Lands and Deeds Registry Act – remedy for irregular repossession.
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28 May 2019 |
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High Court retains concurrent jurisdiction with Lands Tribunal; fraud allegations permit land disputes to be tried in High Court.
Lands Act – sections 13(3) and 15(1) – permissive jurisdiction; High Court and Lands Tribunal have concurrent jurisdiction in land disputes; allegations of fraud justify High Court proceedings; jurisdictional objections may be raised at any stage.
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28 May 2019 |
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Whether statutory minimum wages/allowances apply and if appellants, not being casuals, were entitled to allowances and notice pay.
Employment law – definition of ‘casual employee’ – continuous service exceeding six months removes ‘casual’ status; Minimum Wages and Conditions of Employment (S.I. No. 2 of 2011, as amended) – applies to casual and other workers and creates enforceable entitlements for ‘General Worker’; wrongful termination – notice pay as remedy; interest and costs for failure to defend/unreasonable delay
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28 May 2019 |
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A Certificate of Title is conclusive; absence and an unmeritorious counterclaim do not justify setting aside judgment.
Land law – Certificate of Title – s.33 Lands and Deeds Registry Act – conclusive evidence of ownership; Civil procedure – judgment in absence – Order 35 rr.3 & 5 – setting aside requires sufficient cause and a meritorious defence; Service of hearing notice; Counterclaim based on letter of offer insufficient against registered title.
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28 May 2019 |
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Public-law relief (declarations/mandamus) requires judicial review; wrong originating process rendered High Court judgment void.
Road Traffic Act s.13 (consultation of absolute owner) – breach of statutory duty – tort remedy for breach of statutory duty – judicial review required for ultra vires/mandamus relief – jurisdictional consequences of wrong originating process (writ v. Order 53)
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28 May 2019 |
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Public‑law relief alleging ultra vires actions and mandamus must be sought by judicial review, not by writ of summons.
Road Traffic Act s13 – duty to consult registered absolute owner before transfer; Judicial review v. writ of summons – jurisdictional limits; Breach of statutory duty – private tort remedy; Sheriff’s sale and title acquisition; Nullity of judgment for wrong originating process.
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28 May 2019 |
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Whether separate monetary remedies may be awarded for the same loss where dismissal is both wrongful and unfair.
Employment law – wrongful and unfair dismissal – procedural breaches of disciplinary code; substantive reasons unproven; remedy – single consolidated award for one compensatory event; procedural compliance and ex parte judgment; discretionary sale of personal-to-holder vehicle; contractual benefits following summary dismissal.
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28 May 2019 |
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Repeated unauthorised overdrafts and deposits constituted dishonest conduct justifying summary dismissal despite procedural irregularities.
Employment law – disciplinary procedure – repeated unauthorised overdrafts and unauthorised deposits – dishonest conduct – scope of judicial review of employer disciplinary decisions – procedural irregularities not necessarily fatal where misconduct admitted.
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23 May 2019 |
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Court upheld rape conviction finding sufficient corroboration and increased sentence from 20 to 35 years imprisonment.
Criminal law – Rape – Identification evidence and corroboration – Holistic assessment of witness identification (moonlight, prior acquaintance, opportunity and appellant's admissions) – Appellant's admissions as corroboration – Sentencing – aggravated circumstances and appellate increase of term.
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21 May 2019 |
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Leave to appeal refused: domestic property dispute did not raise a point of law of public importance.
Leave to appeal — Court of Appeal Act s.13(3) — point of law of public importance — scope of Supreme Court leave — property adjustment disputes are generally non-public issues — Practice Direction No.1 of 2002 — requirement to cite Act, section, rule or order — procedural irregularity and competence of application.
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17 May 2019 |
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Applicant's request to extend time to file a labour complaint denied for inordinate delay and insufficient explanation.
Industrial & Labour Relations Act s85(3) - extension of time to present complaints; Rule 47 not substitute for statutory proviso; Limitation Act inapplicable where statute prescribes period; inordinate delay; need for plausible explanation and exhaustion of administrative channels; discretionary nature of leave to file out of time.
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16 May 2019 |
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An employer may lawfully dismiss where a reasonable investigation yields a substratum of facts, and courts must not retry disciplinary findings.
Employment law – wrongful dismissal – substratum of facts required to support disciplinary dismissal; standard of proof lower than criminal standard. Procedural fairness – employer's investigation and opportunity to respond sufficient; disciplinary process not equivalent to criminal trial
Evidence – failure by employee to answer specific allegations may justify adverse inference. Role of appellate courts – must not retry disciplinary decisions but assess reasonableness of employer's conduct
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15 May 2019 |