Results.
17 judgments found.
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| March 2008 |
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Divorce granted where respondent deserted petitioner abroad for over six years, meeting statutory desertion requirement.
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Family Law — Divorce — Desertion — Whether respondent's prolonged absence and refusal to return amounts to desertion under Divorce Act s 5(b)
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Civil Procedure — Jurisdiction — Foreign marriage — Domicile in Malawi as basis for jurisdiction to hear dissolution proceedings
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26 March 2008 |
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Decree nisi granted for divorce where respondent deserted the petitioner abroad for over three years; court had jurisdiction.
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Family law — Divorce Act s5(b) — Desertion established where respondent absent and refuses to return for statutory period; Jurisdiction over foreign marriage where petitioner domiciled locally; Undefended proceedings and risk of collusion.
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26 March 2008 |
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Guided tourist tours do not automatically qualify as VAT‑exempt "educational services"; exemption claim dismissed.
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Tax law — Value Added Tax Act — "Educational services" as VAT-exempt category — statutory interpretation — closed/limited scope — administrative practice in applying exemptions — guided tourist tours not automatically educational services.
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19 March 2008 |
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The appellant’s conviction and sentence for obtaining by false pretences were affirmed; appellate review of facts permitted under s349.
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Criminal law — Obtaining by false pretences — common intention and possession as evidence of guilt — appellate review of factual findings under s349 Criminal Procedure and Evidence Code — innocent purchaser defence — sentence confirmation.
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19 March 2008 |
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Daytime eyewitness identification upheld; conviction confirmed and sentence reduced from eight to five years for lesser role.
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Criminal law — Identification evidence — Visual identification in daylight; credibility of eyewitnesses; robbery with violence; sentencing — joint enterprise; reduction of sentence for lesser role.
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18 March 2008 |
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Whether labour disputes must first be heard in the IRC; transfer refused because defendant delayed.
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Constitutional and statutory jurisdiction — High Court's unlimited original jurisdiction vis-à-vis Industrial Relations Court's original jurisdiction over labour disputes — discretionary refusal to transfer — delay and prejudice as relevant factors.
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17 March 2008 |
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Distress for rent is a statutory, non‑court levy governed by the 1888 Act; illegal distress remedies are replevin or damages, and writs of possession require a prior court order.
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Distress for rent — not a court process — governed by English Law of Distress Amendment Act 1888 — illegal distress remedies: rescue, replevin, damages, injunction — writ of possession requires prior court judgment.
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17 March 2008 |
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Respondent's payment by future-dated treasury note did not discharge judgment; applicant entitled to interest and costs.
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Accord and satisfaction — payment by future-dated negotiable treasury instrument — requirement of consideration for agreement to forgo balance; government judgment debt; recovery of judgment interest and costs; discounting/mitigation costs not recoverable absent proof.
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14 March 2008 |
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Magistrate exceeded jurisdiction by ordering transfer of registered land; High Court jurisdiction applies and lodged caution remains effective.
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Registered land — Jurisdiction — Courts Act s39(2)(a) and Registered Land Act s156 — Subordinate courts lack jurisdiction to determine title to registered land exceeding £200 — Effect of registration (ss24,25) — Caution under s126 protects cautioner and restricts dealings.
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13 March 2008 |
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High Court refuses duplicative relief after magistrate's dismissal; property return or damages require separate remedies.
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Criminal procedure — dismissal for want of prosecution — consequential orders (bail set aside, return of property) — High Court will not duplicate magistrate’s orders — non‑compliance with return order raises contempt proceedings — damages require separate civil action.
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13 March 2008 |
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Interpleader dismissed where purported sale documents were dubious and delayed title transfer undermined claimant’s ownership.
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Interpleader — ownership of seized property — burden of proof; credibility of documentary evidence; timing of change of ownership; rehearing of Registrar’s decision.
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12 March 2008 |
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Whether unsworn child testimony, corroborated by medical and lay observations, proved incest beyond reasonable doubt.
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Criminal law — incest — unsworn evidence of a young child — requirement and nature of corroboration — physical manifestations as corroboration — evaluation of medical expert evidence — credibility assessments on rehearing — sentence review.
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11 March 2008 |
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Appellate court upheld incest conviction, finding a four‑year‑old’s unsworn testimony corroborated by physical and medical evidence.
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Criminal law — Incest — Unsworn evidence of a child — Requirement for corroboration — Physical manifestations as corroboration — Medical evidence of penetration — Evaluation of competing expert testimony — Appellate rehearing and credibility findings.
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11 March 2008 |
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Whether a widow may retain a loaned trailer against the lender’s ownership and resist repossession.
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Property law — loaned chattel — mandatory injunction for possession — borrower’s widow lacks title — deceased’s business debts do not create right to retain lender’s property — evidentiary weight of affidavits and reconstructed trailer/chassis discrepancies.
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6 March 2008 |
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Unsigned January 2005 contract enforced by conduct; plaintiff awarded terminal benefits; defendant’s guarantee claim dismissed.
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Employment law — resignation accepted by employer — unsigned renewed contract enforced by conduct (withdrawal/payment of pension, salary revision, school fees) — terminal benefits payable; non‑taxable benefits lawful; no proved suretyship for alleged guarantees; limited recovery of pre‑January utility/security payments.
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6 March 2008 |
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Recognition evidence upheld; appeal against conviction and sentence dismissed.
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Criminal Law
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Identification — Recognition evidence — Applicability of Turnbull guidelines
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Sentencing — Burglary with aggravating factors (gang involvement) — Appropriate custodial term
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4 March 2008 |
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Forgery conviction quashed for lack of handwriting evidence; circumstantial proof upheld theft convictions and confirmed sentences.
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Criminal law — Forgery — necessity of proof of authorship; handwriting/expert evidence — Circumstantial evidence — proof of theft by tracing proceeds and intermediary transactions — Sentencing — whether custodial sentences manifestly excessive.
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3 March 2008 |