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Citation
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Judgment date
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| May 2001 |
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Unregistered bill of sale void; seizure constituted conversion and trespass, damages assessed accordingly.
Bills of Sale Act s.7—unattested/unregistered bill of sale void; conversion—measure of damages is value at date of conversion; trespass actionable per se; inadequate proof of loss of profits converts claim to general damages; credit for defendant’s counterclaim
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28 May 2001 |
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Employer breached statutory and common-law duties by failing to provide insulating gloves and safe work measures, causing severe injury and amputation.
Labour/employer’s duty of care – Factories (Electricity) Regulations s.28 – failure to provide insulating gloves – breach of duty and causation – defence under Factories Act s.71(2) rejected – damages for amputation and loss of earning capacity.
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28 May 2001 |
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Whether applications for judgment on admission are interlocutory and when correspondence amounts to an unequivocal admission.
Civil procedure – Judgment on admission – Whether interlocutory or final – Admissibility of statements of information and belief in affidavits (Order 41 r 5) – Requirement to disclose sources and grounds – Admissions in correspondence – Discretion to grant judgment on admission.
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28 May 2001 |
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Labour disputes under the Employment Act must be commenced in the Industrial Relations Court absent exceptional circumstances.
:[
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18 May 2001 |
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Employment disputes under the Employment Act must proceed in the Industrial Relations Court absent exceptional circumstances.
Employment law – Jurisdiction – Employment Act and Labour Relations Act confer original jurisdiction on the Industrial Relations Court – High Court should decline original jurisdiction absent exceptional circumstances; evidence – hearsay admissible in Industrial Relations Court; costs – generally not recoverable in Industrial Relations Court
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17 May 2001 |
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Labour disputes under the Employment Act must be initiated in the Industrial Relations Court; High Court declines jurisdiction absent exceptional circumstances.
Employment law – forum for enforcement – Industrial Relations Court has original jurisdiction under the Employment Act; High Court should decline original jurisdiction absent exceptional circumstances; admissibility of hearsay and costs implications distinguish forums
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17 May 2001 |
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Applicant's challenge to an arbitration award for wanting extra damages was dismissed for lack of misconduct and procedural basis.
Arbitration Act s.3 – arbitrators' authority and umpire appointment; no appeal from arbitrators' award; s.24(2) challenge; desire to reform award insufficient; no misconduct found.
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14 May 2001 |
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Bankruptcy petition dismissed for failure to prove service of the Bankruptcy Notice and thus an act of bankruptcy.
Bankruptcy — Proof of service of Bankruptcy Notice essential to establish act of bankruptcy under s3(1)(g); affidavit of service required; substituted service of petition accepted; petition dismissed under s7(3) for lack of proof of notice service
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13 May 2001 |
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Court stayed action 90 days where former director lost authority to instruct counsel and died; counsel lacked company mandate.
Company law – authority of director to instruct counsel – change of director and counsel – representation without company authority – personal loss vs company loss – stay pending enquiries into deceased director's estate.
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11 May 2001 |
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Leave to amend after limitation granted where the new cause of action arises from the same facts; costs to plaintiff.
Civil procedure – Amendment after expiry of limitation period – Ord. 20 r. 5 paras (2) & (5) RSC – Leave to add new cause of action allowed where it arises out of same facts – Distinction from Ingolosi/Mbaisa authorities
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8 May 2001 |
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Applicant’s assertion of legitimate expectation and Wednesbury unreasonableness failed; decision remitted for reconsideration with reasons.
Administrative law – Judicial review of tribunal decision – Legitimate expectation – Requirement of clear, unambiguous promise or established practice – Wednesbury unreasonableness – Duty to give reasons; remit for reconsideration.
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7 May 2001 |
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Court found mayor and police guilty of contempt for disobeying an injunction and unjustifiably dispersing a public meeting.
Civil contempt — disobedience of injunction restraining disruption of public meeting — mens rea in contempt — validity and sufficiency of penal notice and service — police reliance on prevention of disorder/superior orders — suspended custodial sentence to protect freedom of assembly.
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5 May 2001 |
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The applicant’s severance claim was dismissed for being brought in the wrong forum and relying on an Act not yet in force.
Labour law – Jurisdiction – Industrial Relations Court has original jurisdiction over labour disputes (s.110(2) Constitution) – High Court should not assume jurisdiction where subordinate court competent – Statute non‑retroactivity – Employment Act, 2000 (commenced 1 Sept 2000) not applicable to termination on 16 Aug 2000 – Severance pay a creature of the 2000 Act
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3 May 2001 |
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The High Court lacked jurisdiction and the Employment Act 2000 did not apply to a termination before its commencement; summons dismissed with costs.
Labour law – Jurisdiction – Industrial Relations Court vs High Court; Employment Act 2000 – commencement 1 September 2000 – non-retroactivity; severance pay – availability for terminations before Act’s commencement; choice of forum; dismissal with costs
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3 May 2001 |
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The hearing was set aside because the Originating Summons was prematurely heard without the mandated affidavit exchange under Order 28 r.1A.
Civil procedure – Originating Summons – Order 28 r.1A R.S.C. – obligation to serve affidavit evidence following acknowledgment of service – premature setting down for hearing; Civil procedure – Order 2 r.2 R.S.C. – form and content of applications to set aside irregular steps; procedural irregularity – undated acknowledgment of service; relief – hearing set aside; costs in the cause
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3 May 2001 |