Results.
9 judgments found.
|
|
|
| April 2001 |
|
|
15% collection costs apply only to judgments passed after the Rules' commencement and must be awarded in the judgment.
-
Civil procedure; statutory interpretation — Legal Practitioners (Scale and Minimum Charges) (Amendment) Rules 1999 — 15% collection charge — operative date is date of judgment — prospective application — must be awarded as part of judgment
|
29 April 2001 |
|
An ex parte stay of execution requires full disclosure and particulars of any meritorious defence; bare assertions will be vacated.
-
Civil procedure — Stay of execution — Order 47/1 — Ex parte applications — Duty of full and frank disclosure by counsel — Meritorious defence must be particularised — Summary judgment — Vacatur of stay.
|
27 April 2001 |
|
Appeal dismissed: joint-enterprise conviction for attempted robbery and three-year sentence affirmed.
-
Criminal law — Attempted robbery — Joint enterprise/acting in concert (s.21 Penal Code) — Credibility of complainant — Aggravated robbery where committed in company — Sentence proportionality.
|
23 April 2001 |
|
Court confirmed gang rape conviction and increased sentence from three to seven years for manifest inadequacy and aggravating factors.
-
Criminal law — Rape — Gang rape — Sentence manifestly inadequate — Enhancement on confirmation — Aggravating factors (multiple perpetrators, repeated acts, leadership) — Consistency with precedent
|
11 April 2001 |
|
Conviction for gang rape confirmed and sentence increased from three to seven years for manifest inadequacy.
-
Criminal law — Rape — Gang rape — Sentence — Confirmation review — Manifestly inadequate sentence — Enhancement of sentence on review — Consistency and precedent (Rep v Ganizani Layelo)
|
11 April 2001 |
|
Conviction for burglary confirmed; original 30-month sentence deemed inadequate and increased to six years imprisonment with hard labour.
-
Criminal law — Burglary — Confirmation of conviction on review — Sentence manifestly inadequate — Starting point for burglary sentences six years (72 months) — Enhancement of magistrate's sentence on review — Absence of significant mitigating factors
|
11 April 2001 |
|
Court ordered estate administrators to render accounts and join the Administrator General, refusing immediate revocation despite mismanagement.
-
Administration of estates — duty of administrator to call in assets, pay creditors, account and protect minors’ interests — failure to account — revocation of letters of administration discretionary — alternative remedies: joinder of Administrator General and applicants, mandatory accounting and scheme for minors — costs against defaulting administrators.
|
6 April 2001 |
|
Administrators failed to account and protect minor beneficiaries; court ordered accounting and joinder rather than immediate removal.
-
Administration of estates — duty to call in assets, pay creditors and account — need for scheme protecting minor beneficiaries — removal of administrators vs. representation of family branches — joinder of Administrator General — order to render account within 90 days
|
5 April 2001 |
|
Failure to produce the insurance policy prevented proof of coverage, so the plaintiff's insurance claim was dismissed.
-
Insurance law — requirement to produce policy document; parol/exclusion rule for unproduced documents; burden of proof on insured; insurance broker agency; need to plead and prove special damages
|
5 April 2001 |