Results.
9 judgments found.
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| March 2022 |
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Contract workers failed to prove entitlement to unpaid/underpaid camping allowances or retrospective settling‑in allowance; appeal allowed.
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Employment law — conditions of service — camping/subsistence allowances — burden of proof for nights away and claim forms; collective agreements and union-negotiated rates — proof of union membership and payment; settling-in allowance — non-retroactivity; assessment of damages — proper procedure for verification/assessment.
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30 March 2022 |
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A single Supreme Court judge does not have jurisdiction to stay proceedings pending before the full court.
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Constitutional and statutory interpretation — single judge jurisdiction — interlocutory applications — power to stay proceedings — hierarchy between single judge and full court — stay of proceedings; public interest in orderly adjudication.
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29 March 2022 |
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SI No. 6 of 2017 is non‑retroactive; employed advocates admitted on the roll are entitled to costs; calculational errors in a bill are curable.
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Costs — Taxation of bill of costs — Effect of repeal and retroactivity of statutory instruments (SI No. 6 of 2017) — Curable procedural irregularity — Entitlement of employed (in‑house) advocates to costs — Definition of 'practitioner' under Legal Practitioners Act.
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28 March 2022 |
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Court granted extension under Rule 12 SCR where applicant filed within 21 days after becoming aware of the ruling.
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Civil procedure — extension of time — Rule 12(1) and 12(2) Supreme Court Rules — 21-day filing requirement — excusable delay due to late knowledge of ruling and death of advocate — application for leave to appeal out of time.
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23 March 2022 |
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Delay beyond Rule 12(2)'s 21‑day limit led to dismissal of extension application despite counsel's illness.
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Civil procedure — extension of time — Rule 12(1) and (2) Supreme Court Rules — 21‑day filing requirement — promptness and sufficiency of reasons — consideration of merits — application for leave to appeal out of time.
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22 March 2022 |
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A registered partial arbitral award precludes re-litigation of issues it decided, depriving the court of jurisdiction over related appeal grounds.
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Arbitration law — registration and effect of a partial final award — issue estoppel and functus officio — limited court intervention — arbitrability of disputes under shareholders' agreements versus winding-up proceedings — status of notice to be heard in liquidation — abuse of process/multiplicity of actions.
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22 March 2022 |
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A registered partial final arbitral award on jurisdiction/arbitrability bars re-litigation of those issues in court, collapsing the appeal.
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Arbitration — registered partial final award — finality of arbitral determinations on jurisdiction and arbitrability — limited court intervention — effect on related winding-up proceedings — abuse of process/multiplicity.
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22 March 2022 |
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The respondents’ delayed and procedurally misconceived attempts to nullify and settle judgments were dismissed as an abuse of process.
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Civil procedure — Settlement of judgments into orders — Rule 75 requires settlement by presiding judge or judge who sat on hearing — Successful party’s duty to prepare draft order promptly — Challenges to judgments on jurisdiction/unfair procedure must follow Rule 48(1) and 48(5) and be timeous — Abuse of process and delay.
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15 March 2022 |
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Appeal against bribery conviction dismissed; undercover evidence and trial process found lawful and magistrate’s findings upheld.
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Criminal law — Corrupt practice by public officer — solicitation and receipt of bribe; Anti‑Corruption sting operations — admissibility of marked notes and arranged meetings; Appellate review — credibility findings and alleged procedural irregularities (right to counsel, admission of guilt).
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2 March 2022 |