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Citation
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Judgment date
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| July 2004 |
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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.
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29 July 2004 |
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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.
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21 July 2004 |
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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.
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20 July 2004 |
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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.
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19 July 2004 |
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Decree nisi granted where uncontradicted evidence showed respondent’s assault while pregnant constituted cruelty.
Matrimonial law – divorce on grounds of cruelty – uncontradicted evidence and medical corroboration – assault while pregnant – collusion/condonation – decree nisi – custody and maintenance reserved for chambers.
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11 July 2004 |