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Citation
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Judgment date
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| June 2001 |
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Court allowed defendant to amend defence to add specific performance claim, ordered amended pleadings within 40 days and costs on defendant.
Civil procedure – Amendment of pleadings – Leave to amend defence and counterclaim to include specific performance – Summary judgment under Order 86 rule 8 – Prejudice and costs – Discretion to allow amendments at hearing stage.
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26 June 2001 |
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Whether s42(2)(e) permits direct bail applications to the High Court and the applicability of s118 to original bail requests.
Constitutional law – s42(2)(e) – habeas corpus/legality of detention – Bail – s118 CP&EC – competence of High Court to hear bail applications – release on conditions
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26 June 2001 |
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15 June 2001 |
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Employer vicariously liable and insurer liable where it failed to produce a policy exclusion; plaintiff awarded damages for amputation.
Negligence – res ipsa loquitur; vicarious liability of employer for employee-driver; third-party motor insurance; insurer must produce actual policy to rely on exclusion; damages for traumatic amputation and loss of earning capacity
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14 June 2001 |
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Appellant’s conviction for theft upheld; sentence reduced from five to three years and order on terminal benefits quashed.
Criminal law – Theft from motor vehicle – Police officer guarding load sold and distributed goods – Conviction upheld on witness evidence; Sentence review – first offender, mitigation, reduction from five to three years; Ancillary orders on employment/terminal benefits – quashed for lack of consideration of service conditions
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14 June 2001 |
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Hearing set aside where notices were improperly served and ten-day service requirement for judicial review was not met.
Judicial review — service of Notice of Motion — Order 53 r.5(4) (ten clear days) — consolidation — combined affidavit of service — ineffective/false service — irregular hearing — Order 2 r.1(2) setting aside proceedings ex debito justitiae
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10 June 2001 |
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A creditor may present a winding-up petition after a 21‑day demand; the applicant’s injunction was refused.
Companies Act s213(3) — statutory 21‑day demand and inability to pay; winding‑up petitions — creditor’s entitlement where debt is undisputed; interlocutory injunctions restraining presentation of winding‑up petitions; procedure — originating motion in open court required (not originating summons in chambers).
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8 June 2001 |
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Conviction for theft by a public servant upheld; warrant amended so 14-year sentence runs from 17 February 2000.
Criminal law — Theft by public servant (s.283(1)) — Distinction from negligence by public officer (s.284(1)) — Conviction upheld where deliberate appropriation proved; appeal dismissed summarily under s.351 — Warrant of commitment must record correct commencement date of sentence (date of arrest)
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7 June 2001 |
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Convictions confirmed; first defendant’s burglary sentence enhanced to 14 years due to prior dishonesty and recidivism.
Criminal law — Burglary — Sentencing — Starting point six years’ imprisonment — Confirmation of convictions — Enhancement of sentence for recidivist with prior dishonesty conviction
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7 June 2001 |
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Conviction confirmed and sentence enhanced to four years where offence was planned and no serious mitigating factors existed.
Criminal law – breaking into a building and committing a felony – conviction confirmed; sentencing – High Court four-year starting point; appellate enhancement where no serious mitigation and offence was planned
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7 June 2001 |