|
Citation
|
Judgment date
|
| July 2019 |
|
|
Appellant failed to prove ownership; customary alienation by chief after local consultation was valid.
Customary land — Alienation by chief with headman and village committee — validity where local customary procedures followed; Civil standard of proof — balance of probabilities in competing oral evidence; Evaluation of witnesses — failure to call material witness may undermine claim; Distinction between alienation of State land and customary land (Lands Act provisions inapplicable).
|
23 July 2019 |
|
|
23 July 2019 |
|
|
16 July 2019 |
|
|
9 July 2019 |
|
|
9 July 2019 |
|
|
9 July 2019 |
|
|
9 July 2019 |
|
|
5 July 2019 |
| June 2019 |
|
|
|
26 June 2019 |
|
A mortgagee’s lawful sale extinguishes the mortgagor’s equity of redemption; the respondent’s purchase defeats the appellants’ specific performance claim.
Contract law — good faith and fair dealing cannot override express contractual or post-agreement arrangements; Mortgage law — mortgagee in possession’s right to sell under court consent order; Equity of redemption — extinguished upon lawful sale by mortgagee in possession; Specific performance — unavailable where entire property sold to third party purchaser; Recovery of deposit — failure of consideration and unjust enrichment.
|
11 June 2019 |
|
|
11 June 2019 |
|
|
11 June 2019 |
|
|
11 June 2019 |
|
Court finds no provocation or extenuating circumstances; murder conviction and death sentence affirmed.
Criminal law – Provocation – Elements: act of provocation; actual and reasonable loss of self‑control; proportionate retaliation – Insults by a child not sufficient provocation – Extenuating circumstances not made out – Murder conviction and mandatory death sentence upheld.
|
10 June 2019 |
|
|
10 June 2019 |
|
|
10 June 2019 |
|
|
10 June 2019 |
|
|
7 June 2019 |
|
|
7 June 2019 |
|
|
7 June 2019 |
|
|
7 June 2019 |
|
|
5 June 2019 |
|
|
5 June 2019 |
|
|
5 June 2019 |
|
|
4 June 2019 |
|
|
4 June 2019 |
|
|
4 June 2019 |
|
|
4 June 2019 |
|
|
4 June 2019 |
| May 2019 |
|
|
|
29 May 2019 |
|
|
28 May 2019 |
|
|
28 May 2019 |
|
|
28 May 2019 |
|
|
28 May 2019 |
|
|
28 May 2019 |
|
|
28 May 2019 |
|
|
28 May 2019 |
|
|
23 May 2019 |
|
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.
|
21 May 2019 |
|
|
17 May 2019 |
|
|
16 May 2019 |
|
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.
|
15 May 2019 |
| April 2019 |
|
|
Dismissal upheld where employee refused to attend disciplinary hearings and procedural flaws were not sufficiently gross to invalidate dismissal.
Employment law – wrongful dismissal – disciplinary procedure – right to be heard – employee refusal to attend disciplinary hearing – ACAS guidance – procedural irregularities not automatically fatal – appeal routes and apparent bias.
|
18 April 2019 |
|
|
18 April 2019 |
|
Whether a defective schedule invalidated excise on airtime, and whether wrongful excise on data should be refunded or escheat to the State.
Tax law — Customs & Excise — Validity and effect of schedules lacking express inducing sections — Excise on telecommunications services — valuation of airtime — consumption tax borne by consumers — distributor discounts as distribution costs — treatment of erroneously collected tax (escheat).
|
10 April 2019 |
|
|
10 April 2019 |
|
|
1 April 2019 |
| March 2019 |
|
|
|
28 March 2019 |
|
|
28 March 2019 |
|
|
28 March 2019 |