Results.
12 judgments found.
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| June 2000 |
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Unregistered but evidenced charge can create an equitable security; injunction discharged and plaintiff secured in equity.
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Registered Land Act — unregistered charge and registration requirements; equitable charge by contract/part-performance; priority and notice; bona fide purchaser; injunction discharge; fraud allegation not established.
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29 June 2000 |
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23 June 2000 |
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22 June 2000 |
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22 June 2000 |
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Court reduced two-year jail term for graveyard trespass for being excessive and for failing to consider fines first.
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Criminal law — Trespass on burial place — Sentencing — Maximum custodial sentence imposed without reasons — Requirement to consider fine under Section 34 — Manifestly excessive — Sentence reduced on confirmation
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7 June 2000 |
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Court increased defendants' robbery sentence and ordered related sentences to run concurrently, limiting domestic mitigation.
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Sentencing — robbery — manifestly inadequate sentence increased on review; multiple related offences — consecutive order inappropriate; mitigation — limited weight to domestic matters and youth; concerted offending aggravates culpability
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7 June 2000 |
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On review the court set aside an excessive default sentence for escape, substituted 40 days' imprisonment, and clarified s29(3) and s15(3) obligations.
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Criminal law — Escape from lawful custody — sentencing principles; Penal Code s29(3) (amended) — limits on default imprisonment for fines; Criminal Procedure and Evidence Code s15(3) — prohibition on executing default imprisonment for fines >K100 until High Court confirmation; review of magistrate’s sentence
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7 June 2000 |
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Interim injunction refused where sale likely concluded at fall of hammer and damages were an adequate remedy.
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Interlocutory injunctions — American Cyanamid principles — adequacy of damages — auction sale (fall of the hammer) — detinue/conversion v breach of contract — undertaking as to damages — specific performance unavailable for chattels.
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5 June 2000 |
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Interim injunction for passing-off granted despite expiry or later registration of the contested design.
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Civil procedure — interlocutory injunction; passing-off — goodwill protected despite expiry of registered design; subsequent registration not a defence; adequacy of damages; status quo and balance of convenience
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4 June 2000 |
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Interlocutory injunction refused where damages were adequate and plaintiffs could not give reliable undertaking as to damages.
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Civil procedure — interlocutory injunction — application of American Cynamid test — adequacy of damages vs. irreparable injury; Sale by auction — effect of fall of the hammer on title and remedies (detinue/conversion or breach of contract); Employer as vendor — court cannot compel employer to provide loan facilities; Undertaking as to damages — plaintiff’s ability to compensate defendant for interim losses
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4 June 2000 |
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Appellant's guilty plea was voided due to denial of access to retained counsel and procedural failings; conviction set aside and acquitted.
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Criminal procedure — validity of guilty plea — requirement to reintroduce charge and explain elements before accepting plea; Right to counsel — access to retained lawyer; Police duty and court procedure — preventing consultation amounts to violation of constitutional right; Mistrial — setting aside conviction and sentence; Discretion on retrial
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1 June 2000 |
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A court must ensure supporting facts substantiate a guilty plea and alter the plea if contradictions raise reasonable doubt.
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Criminal procedure — Plea of guilty — Court must put elements of offence to accused; supporting facts must establish guilt; equivocal plea; duty to alter plea where caution statement raises denial; sentencing in theft requires proved value of property
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1 June 2000 |