Results.
12 judgments found.
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| November 2007 |
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Postgraduate diploma did not entitle the applicant to promotion; administrative decisions were lawful and procedurally proper.
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Administrative law — promotion — whether postgraduate diploma equates to degree or HND for promotion — legitimate expectation — Ombudsman direction and closure — procedural fairness and powers of HR department
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27 November 2007 |
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Pleadings lacking material facts cannot sustain claims; lawful operational termination still entitles employee to notice in lieu and severance.
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Civil procedure — pleadings — requirement to plead material facts; Default judgment — variation where claim not supported by pleadings; Employment law — termination for operational requirements (abolition of department) — notice in lieu and severance entitlement; Distinction between unfair dismissal and statutory entitlements.
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21 November 2007 |
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The plaintiff is entitled to non-pecuniary damages for negligent injury; unpleaded special damages cannot be awarded.
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Motor vehicle negligence — passenger injuries — assessment of damages — special (pecuniary) damages must be specifically pleaded — non-pecuniary damages for permanent hand injury assessed by reference to comparable cases.
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21 November 2007 |
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Court refused to distribute an intestate estate, converted the application, and appointed four administrators, directing urgent convening of administration.
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Succession law — intestate estate — court cannot itself distribute estate property — conversion of misconceived application into appointment of administrators — appointment of agreed administrators — urgent administration convened and chaired by District Commissioner.
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20 November 2007 |
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Conviction and sentence upheld: identification corroborated and s301 aggravating factors justified the punishment.
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Criminal law — Identification evidence: corroboration where witness is familiar with accused and clothing matches description; accused's flight and failure to report as corroborative; sentencing — robbery with violence (s301) — aggravating factors (company, weapons, personal violence) justify severe penalties; mitigation considered but insufficient to disturb sentence.
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20 November 2007 |
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Prolonged remand without being brought before court amounted to illegal detention and warranted unconditional release.
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Constitutional criminal procedure — right to be brought before a court within 48 hours (s42(2)(b)) — prolonged remand without prosecution — illegal detention — release in interest of justice (s42(2)(e)).
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20 November 2007 |
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Appellate court reduced sentences for theft and housebreaking of a first offender, prioritizing mitigation over deterrence.
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Criminal law — Sentencing — Excessive sentence — First offender — Deterrence generally inappropriate for first offenders; mitigating factors: domestic context, remorse, recovery of property, youth.
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20 November 2007 |
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Bail applications may be refused where essential personal, procedural and medical particulars are not furnished despite State non‑objection.
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Bail — constitutional right under s.42(2)(e) not absolute; discretion to refuse bail where interests of justice require; bail applications must disclose residence, employment, procedural court records and supporting medical evidence; State non‑objection not determinative.
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20 November 2007 |
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The appellant's theft conviction is upheld, but the four-year sentence is reduced to three years as excessive.
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Criminal law — Theft — sufficiency of evidence where security guard observed intruder and failed to activate premises alarm; Distinction between vehicle alarm and premises alarm; Sentencing — whether four-year sentence excessive given value and circumstances; Appeal against conviction and sentence
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19 November 2007 |
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Court refused injunction excluding the applicant from worship, stressing constitutional religious freedom and exhaustion of internal remedies.
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Constitutional law — freedom of religion and worship (secs 33, 44(2)) — interlocutory injunction — judicial restraint in internal religious disputes — exhaustion of internal remedies — reference to American Cyanamid principles.
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15 November 2007 |
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Failure to give statutory three‑month notice entitled the applicant to two months' salary; retirement at 55 otherwise valid and not extendable.
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Administrative law — judicial review — proper respondent; Civil service — mandatory retirement age; Due notice under MPSR; Delegation to Controlling Officer; Legitimate expectation; Relief — salary in lieu of notice.
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13 November 2007 |
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Court voided municipal auction for unpaid rates: unregistered auctioneer, inadequate notice, sale invalid; Assemblies must be lawfully constituted.
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Local government law — sale of property for rates — compliance with s.91 LGA (notice, seizure, public auction, authorised auctioneer) — registration requirement for auctioneers/estate agents — lawfulness of Assembly acts without elected councillors — scope of s.91(8) immunity (errors/irregularities v illegalities).
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11 November 2007 |