Results.
8 judgments found.
|
|
|
| August 2007 |
|
|
An inter‑partes injunction to restrain sale of mortgaged property dismissed as technically incompetent absent substantive action by the applicant.
-
Injunctions — inter‑partes application — interim relief to restrain sale of mortgaged property — technical incompetence where applicant fails to take substantive steps to pursue alleged repayment arrangements — enforcement of security — costs and legal aid.
|
30 August 2007 |
|
Appeal allowed: conviction quashed because identification was unsafe and uncorroborated.
-
Criminal law — Robbery — Identification evidence — Single identification amid confusion — Need for corroboration where risk of mistaken identity — Unsafe conviction — Medical report excluded.
|
22 August 2007 |
|
Unexplained delay and complainant's relative's conduct undermined prosecution, leading to quashing of sexual‑offence convictions.
-
Criminal law — Sexual offences (incest and rape) — Delay in reporting — Complainant credibility — Alleged improper motive of complainant's relative — Unsafe conviction resulting in quash of convictions.
|
22 August 2007 |
|
Mandatory minimum sentence applies for theft over K80,000 without restitution; remand credited; appeal dismissed.
-
Criminal law — Theft by public servant — Section 283(4) Penal Code — Mandatory minimum sentences for theft above statutory thresholds; restitution removes minimum; credit for remand custody; section 283(6) seizure/sale where restitution not made.
|
22 August 2007 |
|
Plaintiff awarded damages where insurer’s certificate and police report established insured vehicle and driver’s reckless driving caused death.
-
Road traffic accident — Insurer liability — Certificate of insurance covering accident period — Police finding of reckless driving — Defence regarded as sham — Broker as agent — Damages for death of passenger in course of employment.
|
20 August 2007 |
|
Leave for judicial review refused due to lack of arguable procedural unfairness and inordinate, unexplained delay.
-
'Judicial review' — leave requirement; focus on decision-making process not merits; 'Promptness' — three-month rule under Order 53; 'Extension of time' — discretion and good reason required; 'Official minutes' — finality of record; 'Ignorance of law' not an excuse for delay.
|
9 August 2007 |
|
Court upheld District Commissioners' intestate allocation, awarded house to defendants and costs against the plaintiff.
-
Intestate succession — administrative allocation by District Commissioners — judicial review of district determinations — allocation of immovable property — procedural default and costs.
|
9 August 2007 |
|
Court upheld theft convictions for two appellants, set aside conspiracy count, and quashed convictions against third due to sole reliance on co-accused testimony.
-
Criminal law — Theft of public property — Substantive conviction obviates need for conspiracy count — Accomplice evidence requires caution; benefit of doubt where uncorroborated — Appeals against sentence dismissed.
|
8 August 2007 |