Results.
5 judgments found.
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| May 2022 |
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Summary possession under Order 113 RSC cannot resolve disputed title; matter remitted for full trial under Order 28(8) RSC.
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Land law — Order 113 RSC (summary possession) limited to dispossessing trespassers; contentious ownership disputes require full trial or conversion under Order 28(8) RSC; procedural irregularities generally cureable under Order 2 RSC but not where misuse subverts the purpose of a special procedure; certificate of title issues cannot be resolved by summary procedure.
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26 May 2022 |
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Whether failure to dispose within the IRD's statutory one-year period divests the court of jurisdiction over the entire proceedings or only the judgment.
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Industrial Relations Division — statutory one-year disposal requirement — effect of non-compliance on jurisdiction (judgment-only versus entire proceedings) — remit to trial court — point of law of public importance — leave to appeal granted.
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20 May 2022 |
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Two independent eyewitness identifications upheld despite a flawed parade; dying co‑suspect statement inadmissible against the appellant.
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Criminal law — identification evidence — reliability of eyewitness identification after delay; identification parade irregularity (accused with visible injuries) — effect on admissibility; extra‑judicial/dying co‑suspect statement — admissibility and warn and caution; multiple independent identifications strengthens prosecution case.
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10 May 2022 |
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Appeal concerned whether eyewitness identification and identification-parade fairness sufficiently established aggravated robbery convictions.
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Criminal law — Identification evidence — Duty to rule out honest mistake; witnesses must demonstrate quality of observation (light, duration, features). Identification parades — Allegations of photographs/clothing investigated; parade irregularity requires proof of unfairness. Multiple independent eyewitness identifications strengthen reliability
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10 May 2022 |
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Whether malice, self‑defence, and intoxication were correctly assessed on the evidence in a murder conviction.
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Criminal law — Murder — Malice aforethought established by scene evidence and post‑offence conduct; Self‑defence — reliance on rejected testimony; Intoxication — extenuation only if shown to impair reasoning.
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10 May 2022 |