Results.
15 judgments found.
|
|
|
| May 2008 |
|
|
Whether disclosure of prosecution witnesses' photographs implicates accused persons' rights to fair trial and access to information versus witnesses' privacy.
-
Criminal procedure — Disclosure of witness identity/photographs — Right to fair trial (s.42) — Right of access to information (s.37) — Witness privacy — Certification under s.9(2)/(3) Courts Act — Jurisdiction of single High Court judge v. three-judge bench.
|
29 May 2008 |
|
The applicant sought to quash an order compelling production of state documents, raising privilege versus the accused's access rights.
-
Criminal procedure — Review under s.360 — Disclosure/Notice to Produce — Relevance of budgetary and Cabinet documents to defence — Privilege of official communications (s.221) versus constitutional right of access to information (s.37) — Trial court discretion to manage disclosure.
|
29 May 2008 |
|
Appeal dismissed: adultery unproven and customary marriage not established, so no entitlement to matrimonial relief.
-
Divorce law — adultery as ground for divorce — burden of proof; Evidence — hearsay inadmissible/reliance on repetition by relatives; Customary marriage — proof required (marriage advocates/witnesses) to establish matrimonial rights; Remedies — jurisdiction to order house or compensation depends on proven marriage; Financial claims — must plead particulars to succeed.
|
28 May 2008 |
|
Employment Act 2000 does not apply to dismissals before its commencement; lower court’s equitable compensation affirmed.
-
Employment Law
-
—
Retrospectivity — Applicability of the Employment Act 2000 to dismissals occurring before commencement of the Act
-
—
Unfair Dismissal — Procedural fairness under predecessor law — Failure to afford hearing under section 157(2) considered in compensation assessment
-
—
Compensation Assessment — Equity, mitigation and contributory fault as factors in assessing fair compensation
|
25 May 2008 |
|
Convictions for rogue and vagabond quashed where applicants' poverty and presence did not amount to criminal disorder.
-
Criminal Law
-
—
Vagrancy — Whether being destitute and found in premises constitutes being a rogue and vagabond under s 184(1)(c)
-
—
Evidence — Plea of guilty and admissions of fact — Whether convictions can stand when admitted facts disclose only poverty or homelessness
-
—
Sentencing — Imposition of fines on persons without means — Appropriateness and refund
|
23 May 2008 |
|
Interlocutory relief granted where respondent failed to prove 14‑day abandonment of tenancy; applicant to be rehoused pending trial.
-
Tenancy law — alleged abandonment — proof of 14‑day vacancy — requirement for inspector affidavits; mandatory injunction threshold (Order 29/1/5) — proven probability of damage and unusually strong case; interlocutory relief to protect tenant pending trial; third‑party occupation considered.
|
22 May 2008 |
|
Default judgment varied to exclude statutory collection charges and surtax; liquidation did not bar plaintiff from continuing the claim.
-
Civil procedure — default judgment — amount for which judgment may be entered — judgment entered for too much — variation or setting aside; Companies Act — liquidation — s.258(2) — capacity and leave to proceed; collection costs and surtax recoverability.
|
19 May 2008 |
|
Applicant detained since 2006 granted bail where the State did not oppose and failed to justify continued detention.
-
Bail — Prolonged pre-trial detention — Absence of State opposition — Conditions of bail: cash deposit, bonded sureties, surrender of travel documents, reporting requirements.
|
15 May 2008 |
|
Appeal dismissed for failure to prove respondent’s liability for cattle allegedly left in her custody.
-
Tort — Bailment/Custody of Animals — Liability for animals left in another's care — Sufficiency of proof
-
Evidence — Credibility and Corroboration — Confused witness testimony and absence of independent witnesses — Onus not discharged
|
14 May 2008 |
|
Driver liable for collision caused by negligent overtaking; personal injury damages denied for lack of pleading.
-
Tort — Road Traffic Accidents — Liability for negligent overtaking and causing collision
-
Civil Procedure/Tort — Assessment of Damages — Compensation for provable property loss where pleaded and evidenced; personal injury claims not entertained if not pleaded
|
9 May 2008 |
|
Negligent overtaking rendered the appellant liable in tort for property losses; unpleaded personal injury damages were denied.
-
Tort — Negligence — Overtaking and liability for property damage
-
Civil Procedure — Pleading — Unpleaded personal injury claim cannot be raised on appeal
|
9 May 2008 |
|
Circumstantial evidence (shoeprints, tool) insufficient to prove theft beyond reasonable doubt; conviction and sentence quashed.
-
Criminal law — Theft — Circumstantial evidence — Proof beyond reasonable doubt — Prosecution must exclude all reasonable hypotheses of innocence — Shoeprints and tool insufficient to convict — Conviction quashed.
|
8 May 2008 |
|
Court refused to restore appeal struck off for want of prosecution, requiring absent counsel's personal attendance to discourage laxity.
-
Criminal procedure — restoration of matters struck off for want of prosecution — discretion to refuse restoration where lead counsel absent — personal attendance required — affidavits by absent counsel insufficient when not made in person.
|
7 May 2008 |
|
Appellate court refuses to disturb trial allocation of family cattle absent perversity, dismissing applicant’s claim for additional cattle.
-
Civil Procedure — Appeal — Review of factual findings and exercise of discretion — Appellate court will not overturn credibility findings unless perverse
-
Family Property — Distribution of family cattle — Role of customary elders and consideration of labour in allocation
|
4 May 2008 |
|
Whether reviewed cash bail and high surety bonds were excessive and effectively denied bail; court found them reasonable and dismissed the application.
-
Bail conditions — review of cash bail and surety bonds — reasonableness and case-by-case assessment — bond payable on default — nature of offence not determinative.
|
2 May 2008 |