Results.
18 judgments found.
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| December 2007 |
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Arrest without reasonable suspicion constituted false imprisonment—substantial damages awarded; malicious prosecution damages nominal due to unproven expenses.
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False imprisonment — arrest without complaint or investigation; Malicious prosecution — required elements (termination in plaintiff’s favour; defendant’s role; lack of probable cause; improper purpose); damages for deprivation of liberty; nominal damages where defence costs unproven.
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31 December 2007 |
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The applicant’s admitted adultery established grounds for divorce; alleged 'unreasonable behaviour' did not amount to legal cruelty.
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Divorce — grounds — 'unreasonable behaviour' vs cruelty; adultery — proof by admission; decree nisi granted; custody adjourned
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31 December 2007 |
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The applicant's conviction for theft by servant was upheld; sentence reduced to 24 months' imprisonment.
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Criminal law — theft by servant (s.286 Penal Code) — elements: employment, custody of employer’s property, failure to account — Evidence: admissions to investigators and audit discrepancies — Sentence: reduction on appeal for youth, first offender status and employer management shortcomings.
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31 December 2007 |
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A civil claim based on alleged criminal conduct is stayed pending the criminal trial unless the plaintiff justifies concurrent prosecution.
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Civil procedure — stay of civil proceedings pending criminal trial — rule in Smith v Selwyn — theft by trick — concurrent civil and criminal proceedings; plaintiff's duty to explain prosecution.
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30 December 2007 |
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Civil claim based on alleged theft stayed under Smith v Selwyn pending the related criminal trial.
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Civil procedure — stay of proceedings — Smith v Selwyn rule — damages actions based on alleged felonious acts — pending criminal prosecution — plaintiff's obligation to justify concurrent civil action.
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30 December 2007 |
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Appeal dismissed; matter remitted for the lower court to enforce outstanding property, compensation and child maintenance orders.
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Appeal dismissed for lack of merit; non‑compliance with lower court orders — enforcement — property distribution, compensation and child maintenance — remittal to lower court to summon respondent and enforce orders.
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27 December 2007 |
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Petitioner proved cruelty justifying divorce; respondent ordered to pay child’s school fees, clothing and entertainment until age 18.
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Family law — Divorce for cruelty — Domestic violence, psychological and financial abuse — Undefended proceedings — Maintenance of child — Order for payment of school fees, clothing and entertainment — Reliance on petitioner’s uncontradicted evidence.
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27 December 2007 |
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Appeal against five-year sentence for theft in transit dismissed despite guilty plea and first-offender status.
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Criminal law — Theft of goods in transit — Sentence — Mitigating factors (guilty plea, first offender) — Section 340(1) CPE Code — Recovery of proceeds vs unrecovered stolen property — Appropriate custodial sentence.
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20 December 2007 |
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Decree nisi granted for divorce where respondent’s prolonged, intentional, and unexplained absence constituted desertion.
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Family law — Divorce — Desertion — Elements of desertion (separation for at least three years, intention to remain permanently separated, absence without consent, without reasonable cause) — Undefended petition and collusion.
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19 December 2007 |
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The court found the conviction improperly granted, allowed the appeal, and set aside the conviction and sentence.
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Criminal appeal — Conviction improperly granted — Appeal allowed summarily — Conviction and sentence set aside.
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18 December 2007 |
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Conviction quashed where guilty plea was not properly understood and evidence failed to prove robbery beyond reasonable doubt.
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Criminal law — Robbery — insufficiency of evidence; guilty plea — voluntariness and appreciation of consequences; right to legal representation; miscarriage of justice — conviction quashed and sentence set aside.
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18 December 2007 |
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Holder of government lease with proof of compensation entitled to vacant possession; occupants ordered to vacate.
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Property — Leasehold entitlement and proof — Payment of customary compensation — Possession — Court proceeding in respondents' absence after due notice and failure of Legal Aid to appear.
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17 December 2007 |
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Appeal against a 24‑month custodial sentence for obtaining money by false pretences dismissed; trial court properly balanced mitigating and aggravating factors.
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Criminal law — Obtaining money by false pretences — Sentence review — appellate interference only where error occasioned failure of justice — mitigation (first offender, guilty plea, illness, family) balanced against aggravation (non-recovery of funds, misrepresentation of ownership) — prison conditions/illness not ordinarily grounds for release.
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16 December 2007 |
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An employer bound by apparent authority of its customs clerk; appeal dismissed for inordinate delay and failure to prosecute.
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Civil procedure — appeal dismissed for inordinate delay and failure to prosecute; Agency — apparent/ostensible authority; Employment — acts incidental to employment and vicarious liability; Burden of proof — alleged established practice must be proved.
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11 December 2007 |
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Whether the defendant owed the bank and whether land constituted security absent a signed, executed agreement.
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Banking/credit facilities — overdraft and letters of credit — director’s liability; Security over land — requirement of signed, executed memorandum/acceptance to create mortgage or equitable charge; Documentary evidence — photocopies, blanks and inconsistencies; Civil standard of proof — balance of probabilities.
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10 December 2007 |
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Court set aside irregular additions of defendants and preserved the status quo on disputed land, awarding costs to defendants.
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Civil procedure — irregular amendment of writ; land law — competing customary occupation and lease; interlocutory injunction — discretion, balance of convenience and preservation of status quo; costs awarded to defendants
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10 December 2007 |
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Bail pending appeal denied where applicant's hypertension was not shown to be an exceptional circumstance and judgment was imminent.
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Criminal law — Bail pending appeal — Exceptional circumstances required — Ill health (hypertension) alone not necessarily exceptional — Appeal already heard; court should not predetermine merits.
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5 December 2007 |
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Court held agent not liable for principal’s contract; claim dismissed for suing wrong party.
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Private international law — forum-selection clause in bill of lading — discretion to decline stay; Agency — disclosed principal and agent — agent not liable on principal’s contract; Wrong party sued — dismissal.
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3 December 2007 |