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Citation
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Judgment date
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| May 2000 |
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Attachment before judgment requires good cause, intent to defeat or delay, and evidence of disposition or evasion.
Civil procedure — Order 8 (attachment/committal before judgment) — application requirements: writ issued; good cause of action; intention to defeat or delay claim or execution; disposition/evasion of property — anticipatory breach allows immediate suit — procedural safeguards for ex parte orders (short inter partes hearing, specify amount, undertakings).
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19 May 2000 |
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18 May 2000 |
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"Majority of the electorate" under the Constitution is satisfied by a candidate securing the most votes cast, not 50%+1 of registered voters.
Constitutional interpretation – meaning of "majority of the electorate" in presidential elections – "electorate" and "suffrage" construed as registered voters exercising the vote; consistency between Elections Act s.96(5) (first-past-the-post) and Constitution s.80(2); transitional provision s.202 does not alter subsequent election rules; validity of Electoral Commission's declaration
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18 May 2000 |
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A demand for money by accusing someone of a crime amounted to extortion, not attempted theft; conviction quashed.
Criminal law — Attempt — Definition under section 400; mens rea and overt act requirements — Distinction between attempted theft (actus reus: asportation/conversion) and extortion under section 305(a) — Conviction quashed where facts showed extortion not attempted theft
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11 May 2000 |
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The plaintiff’s interim and ex parte injunctions were refused; status quo preserved pending trial due to balanced equities.
Interim and ex parte injunctions — American Cynamid principles — adequacy of damages and plaintiff’s undertaking — status quo pending trial — mandatory v prohibitory injunctions — director’s resignation and conditional resignation — unfairly prejudicial/oppressive conduct (Companies Act s203)
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10 May 2000 |
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Whether appeals from a Registrar's assessment of damages lie to the Supreme Court or to a judge in chambers.
Civil procedure — Assessment of damages — Appeal from Registrar — Whether appeals on assessment of damages lie to the Supreme Court (Court of Appeal) or may be heard by a High Court judge in chambers — Leave to appeal granted
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9 May 2000 |