Results.
19 judgments found.
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| August 2008 |
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The State must prove why bail should be refused; quantity of drugs and harsh penalty alone do not justify denial.
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Criminal procedure — Bail — Onus on State to show why release would not be in the interests of justice — Quantity of drugs and maximum penalty alone insufficient to justify refusal — Conditions to secure attendance.
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27 August 2008 |
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Short unlawful detentions entitled the plaintiffs to K150,000 each for false imprisonment; pecuniary loss not proven.
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False imprisonment — Constitution s.42(2)(b) 48-hour rule — assessment of damages for short unlawful detention — requirement to plead and prove special (pecuniary) damages — quantum: K150,000 awarded each.
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24 August 2008 |
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Appellant's conviction for pouring boiling water upheld; sentence reduced because mitigating factors were not considered.
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Criminal Law — Offences Against the Person — Unlawful casting of boiling fluid — Mens rea: intent to maim, disfigure or disable — Section 235(g) Penal Code
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Criminal Procedure — Admissibility of Medical Reports — Section 180(3) and exclusionary rule in s.184 of the Criminal Procedure and Evidence Code
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Sentencing — Mitigating factors and first offender status — Discretion on suspension of sentence — Section 340 Criminal Procedure and Evidence Code
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20 August 2008 |
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Whether a registrar correctly treated an application as res judicata after the Supreme Court found counsel lacked authority.
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Res judicata; propriety of legal representation; nullity of acts by unauthorized counsel; review of Registrar’s rulings; setting aside default judgments; stay of execution.
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19 August 2008 |
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A defective, unserved notice of appeal was struck out, but an ex parte stay of execution was not vacated absent serious abuse.
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Civil procedure — defective notice of appeal — requirement to identify appeal/cause number — registry stamp not a cure; Order 2 r.1 remedial powers; ex parte stay under Order 47/1 — service obligations; setting aside ex parte orders under Order 32 r.6.
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19 August 2008 |
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High Court upheld dismissal: factual finding of theft and procedural defects caused no prejudice; s61(2) inapplicable.
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Employment law — unfair dismissal; findings of fact by Industrial Relations Court final on appeal; procedural fairness — prejudice requirement where accused cannot confront accuser; Employment Act s61(2) — equity in dismissal not invoked for serious misconduct.
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19 August 2008 |
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Court deferred bail decision, ordering the State to produce the police docket and further evidence within two weeks.
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Bail — Criminal Procedure s.118; Constitutional right to bail s.42(2)(e) — interest of justice — necessity of police docket and affidavit evidence — prosecution preparedness — adjournment for further material.
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19 August 2008 |
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Bail pending appeal requires exceptional circumstances; short custodial sentence likely to be served justifies conditional release.
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Criminal procedure — Bail pending appeal — "exceptional and unusual circumstances" required — factors include prima facie prospect of success and real risk sentence will be served before appeal — conditions: surrender of travel documents, bond, sureties, reporting obligations.
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18 August 2008 |
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High Court may review subordinate proceedings for procedural irregularities; bail revoked without notice restored and property preservation upheld.
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Criminal procedure — Review under s361/s362 — High Court supervisory jurisdiction (s26 Courts Act) — Bail revocation without notice — Preservation order and release of seized property — Retrial recommendation insufficiency — Limits on court directing replacement of prosecutor.
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17 August 2008 |
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Bail pending appeal granted where trial misdirection on burden of proof made appeal likely to succeed and risked sentence being served.
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Criminal procedure — Bail pending appeal — "Exceptional and unusual circumstances" required — Prima facie likelihood of success and risk sentence will be served — Trial misdirection on burden of proof regarding self‑defence — Prosecution must disprove self‑defence beyond reasonable doubt.
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13 August 2008 |
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Anton Piller order maintained against alleged counterfeit traders; defendants’ bona fide purchase evidence found inadequate.
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Intellectual property — Trademark and design renewal/restoration — Anton Piller (Anton pillar) order — Prima facie cause, risk of destruction of evidence, bona fide purchaser defense, evidential burden for import documentation.
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12 August 2008 |
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Belated, unparticularised usury allegations do not establish a defence to set aside a default judgment.
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Civil procedure — setting aside judgment in default — requirement to show bona fide defence on the merits — belated, unparticularised allegations treated as afterthoughts — applicant must plead particulars and raise defence promptly.
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11 August 2008 |
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A court order remains binding until set aside; customary land title disputes cannot be decided on affidavits by originating summons.
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Civil procedure — validity of court orders until set aside; customary land — sale, title versus user; appropriateness of affidavit/originating summons for customary-title disputes.
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11 August 2008 |
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A prior court order must be set aside by appeal or review; complex customary land title disputes are unsuitable for determination on affidavit.
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Customary land — sale/alienation — customary inheritance rights — finality of court orders — requirement to set aside orders by appeal or review — originating summons/affidavit inappropriate for contested title/user disputes
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11 August 2008 |
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Slip rule (Order 20 r.11) allows correction of an assessment omitting terminal benefits where the trial judge’s manifest intention is clear.
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Civil procedure — Order 20 r.11 (Slip Rule) — correction of clerical mistakes or omissions; assessment of damages — terminal benefits and notice pay; registrar’s jurisdiction to correct orders; manifest intention of court.
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10 August 2008 |
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Pending similar theft charges and prior conduct can justify denial of bail where a real possibility of reoffending exists.
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Bail law — interpretation of "likely" under Bail (Guidelines) Act as a "tendency" or "real possibility" — lower evidential standard in bail hearings — presumption of innocence compatible with bail denial — theft often likely to be repeated — pending similar charges can justify refusal of bail.
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10 August 2008 |
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Interim injunction granted releasing an impounded vehicle pending proper justification and leave for judicial review.
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Interim injunctions — Injunction against the State pending judicial review — Balance of convenience, urgency and equity — Right to interim possession pending explanation of alleged theft — Evidentiary limitation of affidavits.
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7 August 2008 |
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A short custodial sentence and a prima facie prospect of success can constitute exceptional circumstances for bail pending appeal.
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Criminal procedure — Bail pending appeal — Section 355(1) — ‘‘Exceptional and unusual circumstances’’ required — Short custodial sentence and prima facie likelihood of success may justify bail — Conditions for release.
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7 August 2008 |
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A short custodial sentence and likelihood of appeal success can constitute exceptional circumstances for bail pending appeal.
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Criminal procedure — Bail pending appeal — "Exceptional and unusual circumstances" required — Short custodial sentence and prima facie likelihood of appeal success — Conditions for release.
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7 August 2008 |