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Citation
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Judgment date
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| December 2019 |
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Confession excluded for lack of reasoned trial-within-a-trial ruling, but reliable identification and possession upheld the conviction.
Criminal law – admissibility of confessions – trial-within-a-trial requires a reasoned ruling; Identification – single witness evidence and connecting links; Possession of stolen property as corroboration; Evidence of 'leading' police worthless if nothing new discovered.
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3 December 2019 |
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Possession of recently stolen property and related coincidences can make circumstantial evidence sufficiently cogent to sustain convictions.
Criminal law – circumstantial evidence – possession of recently stolen property and odd coincidences – hearsay exception for investigative narration – investigative omissions not necessarily fatal to prosecution.
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3 December 2019 |
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The High Court misdirected on sentence and a wrongful committal under s217 led to a reduction of a 14-year term to 2 years.
Criminal law – Attempted arson (s329 Penal Code) – Maximum sentence 14 years – Committal for sentencing by subordinate court (s217 Criminal Procedure Code) requires recorded reasons – Wrongful remittal and excessive sentence – Reduction of sentence to reflect subordinate court jurisdiction and absence of aggravating factors.
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3 December 2019 |
| November 2019 |
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Appellant failed to prove respondent's mining/blasting caused property damage; appeal dismissed and trial findings upheld.
Property damage – alleged mining/blasting damage – causation and burden of proof; Appellate review of factual findings – limits and exceptions; Baseline structural survey and EIS/regulatory compliance; Egg‑shell‑skull principle – inapplicability where negligence not pleaded; Seismograph evidence and blast distances.
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28 November 2019 |
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Refusal to accept a lawful contractual transfer justified dismissal; redundancy and contractual remainder-pay claims failed.
Employment law – Transfer and disciplinary dismissal; Contractual terms permitting transfer; Unfair, wrongful and unlawful dismissal; Medical examination (s.34) applies to initial appointment not transfers; Redundancy vs transfer; Hearsay and appellate procedure; Enforceability of clause providing payment for remainder of contract where dismissal is for misconduct.
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28 November 2019 |
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28 November 2019 |
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A plaintiff must plead and prove particulars of negligence; res ipsa loquitur cannot shift the burden onto the defendant.
Tort — Negligence; burden of proof in civil cases; res ipsa loquitur; admissibility of evidence from criminal investigations (not outcomes); requirement for pleaded particulars; contributory negligence (failure to insure).
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27 November 2019 |
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Joinder does not obviate the need to amend pleadings or adduce evidence; alleged pension scheme unproven, appeal allowed.
Joinder and representative actions – amendment of pleadings – duty to plead and prove individual claims; pension scheme establishment – need for terms, board resolution and statutory approval; perverse findings – appellate review; improper application of precedent on computation of terminal benefits.
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27 November 2019 |
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Appeal dismissed: procedural non-compliance and unjustified delay did not warrant extension of time to appeal.
Industrial Relations Court – application for leave to file complaint out of time – requirement to show good cause – Section 85(3) and proviso; Supreme Court Rules – Rule 58(2) on grounds of appeal; Section 97 (appeals on points of law/mixed law and fact); discretion to extend time; procedural compliance; duties of counsel.
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19 November 2019 |
| October 2019 |
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An employee with superior allowances but no managerial authority was a "qualified clerk" entitled to statutory terminal benefits.
Labour law – Minimum Wages and Conditions of Employment (General) Order 2006 (SI No.57/2006) – definition of "qualified clerk" – management exclusion – superior conditions of service not determinative of management status – entitlement to terminal benefits and interest.
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31 October 2019 |
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Whether enhanced allowances converted the respondent into management, excluding him from minimum-wage protections.
Employment law — Minimum Wages and Conditions of Employment (General) Order, 2006 — classification of 'qualified clerk' vs 'management' — whether superior conditions convert a clerk into management — entitlement to statutory terminal benefits.
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31 October 2019 |
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29 October 2019 |
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Mere suspicion is insufficient for slander per se; lawful police entry under s.19 CPC negates a trespass claim.
Defamation – slander actionable per se – requires direct imputation of crime, not mere suspicion; Trespass – police power under s.19 Criminal Procedure Code to enter premises when pursuing arrest – Article 17 rights subject to statutory exceptions; Presence of private person accompanying lawful police action does not automatically create trespass liability.
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28 October 2019 |
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Financial hardship alone, without material proof and alternatives exhausted, does not justify extension to file an appeal record.
Civil procedure — Extension of time to file record of appeal — Rule 12(1) — Insufficiency of funds does not automatically justify enlargement of time — Requirement for material evidence when exercising discretion — Duty to comply with procedural time limits; availability of legal aid.
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23 October 2019 |
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Appeal allowed: failure to prove the contested bottle’s origin and medical causation defeated negligence claim.
Product liability and negligence – duty of care of manufacturer – burden on claimant to prove manufacturer, contamination and causation – necessity to produce disputed bottle and call public analyst/medical witnesses – appellate interference with trial credibility findings where judge was wrong in principle.
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23 October 2019 |
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Failure to include material documents in the record of appeal is fatal; appeal dismissed under Rules 58(4) and 68(2).
Civil procedure — Record of appeal — Rule 58(4)(h) & (i) — omission of affidavits/documents and material papers (conditions of service, pension rules) — Rule 68(2) sanction — appeal dismissed — costs follow the event.
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9 October 2019 |
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Buyer’s failure to obtain vacant possession after purchase is governed by vendor–purchaser contract law, not the Rent Act.
Property law – vendor and purchaser v. landlord and tenant – Rent Act applicability – vacant possession after sale – remedies for breach of contract of sale (specific performance/damages) – jurisdiction to grant Rent Act relief.
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9 October 2019 |
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Whether a bank must bear loss from unauthorized online card transactions where it fails to exercise reasonable care securing the online channel.
Banking law – Online/ATM/Visa card fraud – Allocation of liability for unauthorized electronic transactions – Burden and standard of proof in civil claims – Bank’s contractual/common-law duty to secure online channels and exercise reasonable care.
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8 October 2019 |
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Notice termination lawful absent evidence of malice; redundancy finding and award set aside.
Employment law — Termination by notice/payment in lieu — Industrial Relations Court’s limited power to peer behind notice terminations — Redundancy: burden of proof that a post was abolished — Right to be heard on appraisal governed by employer’s grievance procedure.
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8 October 2019 |
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Termination by payment in lieu of notice upheld; redundancy award overturned for lack of supporting evidence.
:[
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8 October 2019 |
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Procedural ambush and unsupported allegations rendered the dismissal wrongful and unfair; damages reduced to six months' pay.
Employment law — disciplinary procedure and natural justice (audi alteram partem); wrongful dismissal (procedural irregularity); unfair dismissal (substance/reasonableness); measure of damages for dismissal; costs under IRC Rule 44(1).
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8 October 2019 |
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Interlocutory costs may be taxed forthwith under Order 62 Rule 8(9) where no further order concerning the interlocutory matter is anticipated.
Civil procedure — Costs — Taxation of interlocutory costs — Order 62 Rule 8(9) allows taxation forthwith where no further order is likely — Effect of party joining on immediate taxation of interlocutory costs.
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4 October 2019 |
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Where interlocutory proceedings have concluded with no further orders anticipated, costs may be taxed immediately under Order 62 rule 8(9).
Civil procedure – costs – taxation of interlocutory costs – Order 62 rule 8(9) allowing immediate taxation where no likelihood of further order – status as joined party does not preclude immediate taxation in such circumstances.
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4 October 2019 |
| September 2019 |
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Conviction quashed where key witnesses gave inconsistent, uncorroborated evidence and one witness had a potential interest.
Criminal law — Identification and reliability of witnesses — Inconsistent testimony and witness with possible interest — Need for corroboration of suspect witness — Conviction unsafe where evidence is contradictory and uncorroborated.
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26 September 2019 |
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Damages for wrongful dismissal generally equate to notice-period pay unless claimant proves additional loss or special circumstances.
Employment law – wrongful dismissal – measure of damages ordinarily equivalent to notice period – enhanced awards only for special circumstances – proof of loss and mitigation – burden of proof on claimant to show additional loss; employer must plead and prove failure to mitigate.
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26 September 2019 |
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An officer of an unincorporated club is personally liable for club debts; execution against his goods was lawful.
Unincorporated associations – no separate legal personality – officers and members’ personal liability – agency defence inapplicable where principal does not exist – lawful execution against member’s goods.
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19 September 2019 |
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Officers of an unincorporated club are personally liable for debts; a disclosed principal must legally exist to avoid personal liability.
Unincorporated associations — no separate legal personality — officers/members personally liable for debts; agency — disclosed principal must exist; joint and several liability; execution against a member permissible.
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19 September 2019 |
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Employer’s invocation of payment-in-lieu was pierced as bad faith; downgrading amounted to redundancy entitling the employee to pay.
Employment law — redundancy — organisational review and downgrading of post — payment-in-lieu-of-notice may be pierced where employer acts in bad faith — entitlement to redundancy payment (equal treatment) — interest on award.
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10 September 2019 |
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Employer’s invocation of termination-by-notice to avoid redundancy pay was displaced where downgrading and lack of consultation showed true redundancy.
Employment law – redundancy – organisational review and downgrading of post – employer invoking payment in lieu of notice to disguise redundancy – court may look behind termination-clause where sufficient evidence suggests ulterior motive – variation of basic terms without consent deemed to terminate contract – entitlement to redundancy pay and comparable treatment.
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10 September 2019 |
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Termination signed by the employer’s director valid despite shareholder letterhead; damages limited to notice; statutory leave pay upheld.
Employment law – termination – corporate agency and authority – shareholder letterhead vs director’s act; measure of damages for loss of employment – common law notice period; leave entitlements under oral contracts – s.15(1)(i) and employer record-keeping obligation.
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10 September 2019 |
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Certificate of title upheld; appellant not bona fide purchaser and ordered to yield possession and demolish structures; appeal dismissed.
Land law; certificate of title; conclusive but impeachable for fraud or impropriety; bona fide purchaser without notice; ineffective revocation by local authority; payments and issuance of title superseding withdrawal; unlawful structures and demolition; remedy against state officials for misleading conduct.
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10 September 2019 |
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An appeal was dismissed with costs due to a materially defective record of appeal and the appellant's decision not to appear.
Civil procedure — Record of appeal — Rule 58(4) — Incomplete/missing affidavits and documents — Record unsafe — Rule 68(2) dismissal; Rule 69 notice of non-appearance — risk of forfeiting opportunity to remedy defects.
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9 September 2019 |
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Appellant failed to prove economic duress; second signed contract superseded the first and appeal dismissed.
Employment law – variation of contract – second contract superseding earlier contract – economic duress – tests for duress (protest, alternatives, independent advice, steps to avoid) – appellate review of findings of fact (Nkhata/Achiume) – appointment notice as administrative payroll procedure.
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9 September 2019 |
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Corrected second employment contract superseded the first; no economic duress proved; appeal dismissed.
Employment law – variation of contract by second contract – economic duress (proof, Pao On factors, affirmation) – appointment letter as administrative payroll device – appellate review of factual findings (Nkhata/Achiume).
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9 September 2019 |
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Subordinate Court lacked jurisdiction to grant forfeiture restraining order exceeding its civil monetary limit.
Jurisdiction – Subordinate Courts – Forfeiture of Proceeds of Crime Act – civil proceedings – monetary limits – lack of jurisdiction renders proceedings a nullity.
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9 September 2019 |
| August 2019 |
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Appeal dismissed for six appellants; fourth appellant's dismissal wrongful and awarded 24 months' salary.
Employment law – dismissal – summary dismissal justified where employee committed a dismissible offence despite procedural non‑compliance; union activity protection does not cover riotous or dishonest mobilisation – wrongful dismissal where charge letter lacks particulars – remedy ordinarily notice pay but enhanced damages may be awarded.
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26 August 2019 |
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Sale by a beneficiary without letters or court authority is void; appellant not a bona fide purchaser.
Intestate Succession Act (ss.19,24,38,43) – jurisdiction of local courts in succession matters – sale of estate property – requirement of letters of administration and prior court authority – bona fide purchaser and due diligence – caveat disputes and onus of proof.
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26 August 2019 |
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Court upheld a 45-year sentence for repeated defilement of a 14-year-old stepdaughter, finding no grounds to reduce.
Criminal law – Defilement – Sentence – Appeal against sentence – Appellate test: wrong in principle; manifestly excessive/inducing shock; exceptional circumstances – Aggravating factors: victim aged 14; step-parent relationship; repeated offences; resulting STI; occurrence at home – 45 years upheld.
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19 August 2019 |
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Circumstantial and postmortem evidence upheld a murder conviction despite absence of the pathologist's oral testimony.
Criminal law – murder – circumstantial evidence; malice aforethought – sufficiency of inferences; postmortem evidence – desirability but not always mandatory to call pathologist (s.191A); warn-and-caution statements – requirement for vernacular and English versions.
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19 August 2019 |
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Conviction for defilement quashed due to defective voire dire, lack of corroboration, and failure to discharge the prosecution's burden.
Criminal law — Defilement; child witness — requirements for voire dire and record of questions/answers; corroboration in sexual offences — identity evidence and 'something more'; burden of proof — prosecution's duty to disprove defences and to call material witnesses; court-ordered medical evidence.
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19 August 2019 |
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Conviction for defilement quashed where voire dire was defective, corroboration lacking and burden wrongly shifted to accused.
Criminal law – defilement – voire dire must record questions and answers – corroboration of identity and early complaint – prosecution's duty to call material witnesses – improper shifting of burden when accused requests medical examination.
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19 August 2019 |
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Confessions must be shown voluntary before admission; excluding them, independent evidence sustained four convictions while the fifth appellant was acquitted.
Criminal procedure – Admissibility of confessions – Trial court’s duty to test voluntariness and to invite defence objection; Evidence – Use of co-accused confession to implicate another – adoption and admissibility; Electronic evidence – phone activity reports as circumstantial linkage; Procedure – nolle prosequi where accused dies before close of prosecution.
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19 August 2019 |
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Appellate court upheld murder conviction based on credible civilian eyewitnesses and inferred malice aforethought.
Death in custody – credibility of civilian versus police witnesses – danger of false implication – corroboration and assessment of bias – medical evidence on head injury – inference of malice aforethought; appellate restraint on trial judge’s credibility findings.
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13 August 2019 |
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Former employees were not to be deemed retired at 55 by the Repeal Act; benefits owed were for years actually served, plus three months' pay in lieu of deficient notice.
Statutory interpretation – Repeal Act Section 8(2)-(3) – retirement under existing terms of service; Employment law – calculation of terminal benefits – pay for years served vs. pay for unworked years (unjust enrichment); Contractual notice – six months’ notice required, remedy salary in lieu; State proceedings – post-judgment interest ceiling.
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9 August 2019 |
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Court held non-compliance with an 'unless order' excused where parties were unaware due to missing record and lack of notification.
Civil procedure — extension of time to comply with 'unless orders' — discretion to extend time — contumelious or intentional non-compliance — effect of missing record and lack of service/notification.
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8 August 2019 |
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Section 47 applies to land reservation claims under the Public Roads Act; appellant failed to prove nuisance, damage or loss causally linked to roadworks.
Public Roads Act s47 – scope limited to compensation for loss of land/rights from road reservation under ss44–45; Tort – liability of statutory agency for nuisance, damage and loss of access; Evidence – appellate restraint on disturbing trial judge’s credibility findings; Causation and proof – need for concrete evidence of damage and medical causation.
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6 August 2019 |
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Whether reliance on employer tribunal records and minor procedural departures justified dismissal for dishonest conduct.
Employment law – unfair dismissal – judicial review of disciplinary decisions – court may consider employer’s disciplinary and appeals records – procedural irregularities do not vitiate dismissal where overall fairness and substratum of facts exist.
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2 August 2019 |
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Whether pension-transfer consent varied written employment terms and whether ambiguous redundancy clauses must be construed against the employer.
Employment law – variation of written employment terms – consent vs pension transfer; redundancy – interpretation of ambiguous clauses; incorporation of statutory redundancy provisions into written contracts; contra proferentem; salary inclusive of allowances for terminal benefits; entitlement to continued wages when employer able to pay.
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2 August 2019 |
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Failure to pursue statutory appeal routes and notice requirements under customs law deprived the High Court of jurisdiction.
Jurisdiction – failure to exhaust statutory remedies and appeal routes under Customs and Excise Act and Regulations – section 164 notice and three‑month limitation – Regulation 126 appeal to Minister – Tax Appeals Tribunal jurisdiction under s.5 of Tax Appeals Tribunal Act.
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2 August 2019 |
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Whether the Intestate Succession Act applies to customary land and whether abandonment permits reallocation of such land.
Customary land – Intestate Succession Act inapplicability to customary land – Abandonment and reallocation of customary land – Standard and sufficiency of judicial reasoning – Appellate review of factual findings and credibility assessments.
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1 August 2019 |