Results.
17 judgments found.
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| December 2010 |
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31 December 2010 |
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Order 14A summary determination refused because disputed factual matters (offer, counter-offer, loan, salary) preclude deciding contract formation.
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Contract formation — offer and acceptance — counter-offer vs mere request; Employment contract; Order 14A summary determination — not suitable where legal issues are interwoven with contested facts; Necessity of full trial for disputed factual matters.
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23 December 2010 |
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Prosecution failed to prove the penetration element of defilement beyond reasonable doubt; conviction quashed.
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Criminal law — Defilement (s.138(1) Penal Code) — essential elements: age and penetration — burden of proof beyond reasonable doubt — corroboration and circumstantial evidence — admissibility and sufficiency of expert/medical evidence.
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20 December 2010 |
| October 2010 |
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Registrar's refusal to register a political party for manifesto language and regional membership violated applicants' constitutional and administrative rights.
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Constitutional Law
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Administrative Justice — Failure to give adequate reasons under s43 — Quashing refusal to register political party
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Political Rights — Right to form and join political parties under s40 — Unreasonable limitation by registrar's refusal
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Administrative Law — Judicial Review — Ultra vires and Wednesbury unreasonableness — Registrar’s abdication of decision-making by seeking directions
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18 October 2010 |
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Whether press releases and meetings established an unlawful society aimed at disturbing peace under Penal Code ss64(2)(g) and 65.
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Criminal Law — Unlawful Societies — Whether press releases and meetings establish purpose to disturb or incite disturbance of peace — Penal Code ss 64(2)(g), 65
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Constitutional Law — Freedom of Expression and Association — Limits on criminalisation of discussion and regional association — Constitution ss 5 and 44(2)
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7 October 2010 |
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6 October 2010 |
| July 2010 |
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Court confirmed convictions and sentence for housebreaking and theft after guilty pleas, emphasizing reformative sentencing considerations.
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Criminal law — Housebreaking and theft — Splitting charges into separate counts — Guilty pleas — Confirmation of convictions and sentence — Sentencing considerations: age, prior offending, recovery of property, reform and prison congestion.
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12 July 2010 |
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Conviction for defilement confirmed; sentence increased to six years’ hard labour due to seriousness and lack of remorse.
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Criminal law — Defilement — Confirmation of conviction — Sentencing — Enhancement of sentence for serious sexual offence against a child — Lack of remorse as aggravating factor — Youth of offender considered but outweighed.
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12 July 2010 |
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Religious or cult beliefs do not excuse lethal violence; all six accused convicted of murder.
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11 July 2010 |
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Convictions confirmed where voluntary caution admissions and recovery of stolen property corroborated guilt.
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Criminal law — Confirmation on review — Voluntary caution statements — Corroboration by recovery of stolen property — Accomplices leading police to accused's premises.
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6 July 2010 |
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Court confirmed convictions and sentences based on voluntary admissions and recovery of stolen property.
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Criminal law — Confirmation on review — Voluntary admissions in caution statements — Recovery of stolen property as corroboration — Accomplice evidence leading police to suspects’ premises.
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6 July 2010 |
| May 2010 |
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Proceedings set aside for failure to conduct the statutory inquiry and to afford the respondent legal representation.
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Administrative/Disciplinary Law — Legal Profession Discipline — Statutory inquiry under Legal Education and Legal Practitioners Act s37 and Commissions of Inquiry Act — Right to legal representation (s13) — Mandatory procedure for committee inquiries
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Civil Procedure — Originating Summons — Correct form and acknowledgement of service — Irregularity versus nullification — Rules of the Supreme Court Order 28 and Order 2
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12 May 2010 |
| March 2010 |
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Failure to seek a stay and continuing to collect rents despite an injunction barred equitable relief; injunction refused, costs awarded.
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Civil Procedure — Interim Injunction — Whether to restrain eviction pending appeal — Consideration of stay of execution, adequacy of damages and balance of convenience
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Equity — Unclean Hands — Continued receipt of rents despite injunction — Bar to equitable relief
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4 March 2010 |
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Whether a robbery committed while the perpetrators carried weapons constitutes 'armed robbery' and whether that charge was properly laid.
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Robbery — armed robbery — offence committed while carrying dangerous weapon (panga) — accused entitled to precise description of charge — distinction between 'armed robbery' and 'aggravated robbery' — confirmation of conviction where stolen property identified and recovered
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3 March 2010 |
| February 2010 |
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The court dismissed the applicant’s false imprisonment claim for insufficient evidence and ordered each party to bear own costs.
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Tort — False imprisonment — Whether claimant was unlawfully detained while serving process — assessment of credibility and applicant admissions — evidence inconclusive; costs: each party to bear own costs; suggestion of mediation.
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28 February 2010 |
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Conviction for defilement of a minor confirmed and sentence increased due to respondent’s deliberate HIV‑positive status and aggravating conduct.
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Criminal law — Confirmation of conviction — Sentence enhancement on confirmation; Defilement/indecent assault of a minor; HIV‑positive status of accused as aggravating factor; Medical examination of victims even after bathing.
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28 February 2010 |
| January 2010 |
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The plaintiff's claims for breach, defamation and discrimination dismissed for failure to prove non-performance, publication, or discriminatory treatment.
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Contract formation and scope — interpretation of contractual obligations regarding inter-branch vs. branch-to-van communication; breach for non-performance; defamation — requirement of publication; discrimination — burden to prove differential treatment.
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26 January 2010 |