Results.
5 judgments found.
|
|
|
| July 2004 |
|
|
Where a consent order is silent on default, execution is limited to the instalment in default; full-judgment execution is irregular.
-
Execution — Seizure — writ of fieri facias — instalment orders — Section 7 Sheriff's Act — irregular execution for whole judgment where only one instalment defaulted — reimbursement of sheriff's fees — costs to defendant.
|
29 July 2004 |
|
A consent judgment can only be challenged by a fresh action; filing an originating motion within the same cause was improper.
-
Civil procedure — Consent judgment finality — Setting aside consent judgment requires a fresh action — Distinction between originating process commencing an action and a motion within an existing cause — Importance of correct party designation and new cause number.
|
21 July 2004 |
|
Termination held unlawful for failure to disclose reasons; repatriation awarded; rental claim unproven.
-
Employment law — unfair dismissal — employer must disclose reasons for termination; fair administrative action and right to be informed; proof required for contractual/benefit claims (rental allowance); repatriation allowance — established practice can create entitlement; set-off of amounts already paid.
|
20 July 2004 |
|
Interlocutory injunction obtained without originating process and omitted material facts; court ordered the applicant to commence substantive proceedings within 30 days.
-
Civil procedure — interlocutory injunction — irregular grant where no originating process filed — alleged suppression of material facts — matrimonial property disputes — requirement to commence substantive proceedings.
|
19 July 2004 |
|
Decree nisi granted for divorce on cruelty after uncontradicted evidence of assault, including beating while pregnant.
-
Family law — Divorce — Cruelty — Bodily injury to spouse (beating while pregnant) — Uncontradicted evidence and medical report sufficient to ground decree nisi — Custody and maintenance reserved for Chambers — Costs awarded to petitioner
|
11 July 2004 |