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Citation
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Judgment date
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| August 2004 |
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31 August 2004 |
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Application to set aside possession order granted where prior 1974 sale agreement raised an arguable defence despite delay.
Land law – possession – application to set aside possession order under Order 113 Rule 8; effect of pre-existing sale agreement and documentary evidence on title; excuses for delay: poor legal representation, imprisonment, limited literacy.
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30 August 2004 |
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Employer's dismissal for alleged deceit was unfair and breached the right to fair labour practices; nominal damages awarded.
Employment law – unfair dismissal – Termination of Employment Convention (Article 4) incorporated into domestic law – requirement of valid reason related to capacity or conduct and fair hearing; burden of proof on employer; natural justice and appearance of bias; proportionality of sanction; nominal damages for reputational and procedural harm.
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30 August 2004 |
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A real dispute over boundaries and ownership precludes summary eviction; the dispute must proceed to full trial.
Civil procedure – RSC Order 113 r.1 (summary possession) – Real dispute of fact precludes summary procedure; boundary and plan conflicts; licence from predecessor terminates on demand by new owner; matter to proceed under writ (RSC Order 28 r.8).
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30 August 2004 |
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The plaintiff is entitled to compound interest at 1% above bank rate on the unpaid judgment balance from February 2004.
Judgment interest — instalment agreements as waiver of immediate payment — entitlement to compound interest at 1% above bank lending rate (Zgambo v KFCTA) — interest period from default of instalments.
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27 August 2004 |
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Default judgment set aside where defendant’s affidavit and proposed defence showed a prima facie real prospect of success.
Civil procedure – Default judgment – Order 19 r.9 – Setting aside regularly entered default judgment requires affidavit evidence of a defence on the merits with a real prospect of success; contractual compliance as prima facie defence to wrongful termination; constitutional and ILO challenges reserved for trial.
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27 August 2004 |
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A defendant who satisfies a default judgment cannot later set it aside to avoid sheriff fees.
Civil procedure – default judgment – attenuated statement of claim – sufficiency of particulars where defendant knows details – Order 6 r 2(1) Rules of Supreme Court; setting aside judgment – effect of satisfaction of judgment; approbation and reprobation; liability for sheriff fees and costs.
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26 August 2004 |
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Action struck out because the plaintiff’s counsel lacked a practising licence; counsel ordered to pay costs.
Civil procedure – striking out proceedings commenced by an unlicensed legal practitioner – uncontested application – undertaking to discontinue – solicitor to bear costs to be taxed.
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26 August 2004 |
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Dismissal for alleged corruption without disciplinary hearing breached the Employment Act and contractual natural justice; compensation and costs awarded.
Employment law – unfair dismissal – burden on employer to justify dismissal – natural justice – requirement to issue disciplinary memorandum and afford hearing – procedural bias – compensation as remedy.
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26 August 2004 |
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Long‑service employee unfairly dismissed after disputed fraud investigation; employer breached natural justice, damages awarded.
Employment law – unfair dismissal – summary dismissal – validity of reason for dismissal; natural justice – right to an oral hearing, access to investigative reports and cross‑examination; bias where investigator participates in matter; remedies – damages and costs.
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25 August 2004 |
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Employer failed to follow disciplinary procedure and natural justice; wrongful dismissal compensated (no interest; costs to plaintiffs).
Employment law – Unfair dismissal – Procedural fairness and natural justice – Employer's burden to prove fair dismissal – Failure to issue disciplinary memoranda – Compensation awarded for wrongful termination.
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25 August 2004 |
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Liability accepted; damages reduced for failure to mitigate and novus actus interveniens from delayed repairs, award limited to proven, reasonable items.
Tort — motor collision — negligence admitted; mitigation of damages — novus actus interveniens where delayed repairs by third party break causation; measure of damages — loss of use (lost profit) vs gross revenue; recoverable repair costs and funeral/claim expenses.
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25 August 2004 |
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Court found State liable for malicious prosecution, false imprisonment and defamation; damages to be assessed.
Malicious prosecution – favourable termination by discontinuance; lack of reasonable and probable cause; malice – established; false imprisonment – constitutional and common‑law deprivation of liberty; defamation as head of damages in malicious prosecution; assessment of damages (special and general); State (Attorney General/DPP) liability.
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25 August 2004 |
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The plaintiff was unfairly dismissed where redundancy was not genuine; awarded unpaid terminal benefits only.
Employment law – Unfair dismissal – Redundancy must be genuine – Burden on employer to prove reason for dismissal – Remedies: compensation for unpaid terminal benefits – Interest discretionary – Collection charges awarded.
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18 August 2004 |
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The plaintiff was unfairly dismissed for a non-genuine redundancy and awarded unpaid terminal benefits and collection charges.
Employment law – Unfair dismissal – Genuine redundancy and operational requirements – Burden on employer to prove reason for dismissal – Terminal benefits entitlement – Discretion to award interest – Procedural expectation to pursue labour office remedies first.
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17 August 2004 |
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Sheriff's statutory fees and expenses are payable by the party who caused execution despite an irregular judgment.
Execution — seizure under warrant — sheriff entitled to statutory fees and expenses once seizure occurs even if judgment later set aside as irregular — liability rests on party requesting execution — distinction from poundage (commission on funds recovered).
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17 August 2004 |
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An employee exonerated by court is entitled to salary up to dismissal date and pay in lieu of notice; interest may be refused if inequitable.
Employment law – employee exonerated after criminal conviction – entitlement to back pay from arrest to dismissal; dismissal cannot be retrospective; discretion to refuse interest where evidence casts doubt on total innocence; award of pay in lieu of notice and costs.
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17 August 2004 |
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Mandatory custodial sentence under Corrupt Practices Act for a public officer who accepted gratification; court imposed six years IHL.
Corrupt Practices Act s.25(1) and s.34 – mandatory minimum custodial sentence; no retrospective application of Amendment Act; sentencing discretion limited; aggravating weight where public officer accepts gratification; prisoners’ right to state-funded medical treatment (Constitution s.42(1)(b)).
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15 August 2004 |
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An appellant’s guilty plea was voluntary and the recorded facts supported theft by trick; appeal dismissed and sentence confirmed.
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5 August 2004 |