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Citation
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Judgment date
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| September 2020 |
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4 September 2020 |
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4 September 2020 |
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3 September 2020 |
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Interlocutory injunction refused as damages adequate and interim relief would effectively grant applicant the final remedy.
Interlocutory injunctions – American Cyanamid triable issue test – adequacy of damages – balance of convenience – defamation and trespass – refusal where interim relief would grant substantive relief.
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1 September 2020 |
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1 September 2020 |
| August 2020 |
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Whether educational qualifications acquired during marriage create a compensable matrimonial interest and how household, land and vehicle should be fairly distributed.
Family law – matrimonial property – educational qualifications – property element vs. physical certificate; equitable/beneficial interest arising from spouse’s contribution; compensation remedy rather than physical division; fairness under Constitution s.24; valuation and equal sharing of jointly‑acquired land and vehicle; allocation of household chattels.
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31 August 2020 |
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Risk of witness interference and ongoing cross‑border investigations justified denying the applicant bail despite COVID‑19 concerns.
Criminal procedure – Bail and right to liberty – Interests of justice vs. presumption of innocence – Ongoing investigations and witness interference – 90‑day pre‑trial custody limit for murder – COVID‑19 not sufficient without medical evidence.
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28 August 2020 |
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Promissory estoppel defence cannot be summarily determined where duress, undue influence, and factual disputes require trial.
Promissory estoppel – release and discharge – duress and undue influence – consideration – lawyer’s duty and client accounting – preliminary point versus trial on disputed facts.
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27 August 2020 |
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Whether the Executive may compel judicial officers to proceed on leave pending retirement, implicating separation of powers.
Constitutional law — Separation of powers — Judicial independence — Executive compelled leave pending retirement — Leave administration internal to Judiciary — Ultra vires acts — Use of public office title.
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27 August 2020 |
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20 August 2020 |
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Toxicology established poisoning but absence of evidence who administered it meant the prosecution failed to make a case for murder.
Criminal procedure — sufficiency of prosecution case under section 254/313 — murder — causation and malice aforethought — toxicology detection of organophosphate (Termik) — circumstantial evidence and last-seen doctrine — investigative shortcomings — acquittal.
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19 August 2020 |
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18 August 2020 |
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18 August 2020 |
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14 August 2020 |
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Court struck out the defence for non‑compliance and held police failures to investigate and prevent sexual violence breached Applicants’ constitutional rights.
Constitutional law — Police misconduct — State positive duty to investigate and prosecute sexual violence — Failure to investigate rape by police officers breaches rights to dignity, freedom from torture/inhuman and degrading treatment, equality and access to justice — Judicial review remedies, declarations and mandamus; civil procedure — sanction for non-compliance with court directions; Independent Complaints Commission — operationalization and oversight.
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13 August 2020 |
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13 August 2020 |
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7 August 2020 |
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3 August 2020 |
| July 2020 |
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27 July 2020 |
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27 July 2020 |
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22 July 2020 |
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Confiscation proceedings under the FCA are hybrid; burden lies with the State but shifts, and proof is balance of probabilities or clear-and-convincing depending on circumstances.
Confiscation proceedings — Financial Crimes Act s141(2) applies to matters commenced under repealed MLA; proceedings are hybrid (in rem and part of criminal sentencing); title must be within criminal proceedings; burden primarily on State but shifts under s87(2)–(3) FCA; standard of proof bifurcated — balance of probabilities for convict's own property; clear and convincing (intermediate) where property passed to third parties or when imposing pecuniary penalties; evidence via s87 statements, oral or written.
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16 July 2020 |
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13 July 2020 |
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Insufficient proof of penetration; corroboration practice rejected; conviction substituted to indecent assault and sentence reduced to three years.
Criminal law – Sexual offences – Defilement vs indecent assault – Proof of penetration; Evidence – Medical reports admissibility under section 180; Corroboration practice in sexual offences discriminatory and not a legal requirement; Right to silence – adverse inference impermissible; Circumstantial evidence and inferences; Sentencing principles for indecent assault on a child.
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7 July 2020 |
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Statutory simple interest awarded; claimant failed to prove loss of business and special damages, 2017 Procurement Act not retrospective.
Assessment of damages – interest rate: statutory 5% per annum under Courts Act applies where judgment/pleadings do not specify compound or commercial rate; non-retroactivity of statutes – Procurement Act 2017 not applicable to earlier contract; loss of business – general vs special damages distinction; special damages require strict pleading and proof.
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3 July 2020 |
| June 2020 |
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Whether widespread polling-station irregularities and the Electoral Commission's failure to remedy them invalidated the election result.
Election law — Parliamentary and Presidential Elections Act — polling-station irregularities (undue assistance, candidate proximity, threats, police involvement) — unsigned or altered tally sheets — statutory requirement to sign Form 66 (s.93(1)(b)) — complaints-handling obligations of the Electoral Commission (ss.97, 98, 113) — failure to remedy and breach of constitutional duty (s.76) — annulment and order for fresh election.
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22 June 2020 |
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Court annulled parliamentary result due to substantial electoral irregularities and the Electoral Commission’s failure to remedy complaints.
Election law – Parliamentary and Presidential Elections Act – irregularities (section 3) – unsigned/altered tally sheets (section 93(1)(b)) – unlawful assistance/coaching of voters (section 87) – premature opening of ballot boxes (section 92(1)) – failure of Electoral Commission to handle complaints (sections 97, 98, 113) – annulment and fresh election ordered.
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22 June 2020 |
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12 June 2020 |
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11 June 2020 |
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The applicant’s bail was denied due to flight risk from a late-reported lost passport and the case’s advanced stage.
Bail — presumption of entitlement — interests of justice — factors: strength of evidence, stage of proceedings, flight risk — foreign national — late-reported lost passport — denial of bail; leave to appeal granted.
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9 June 2020 |
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8 June 2020 |
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8 June 2020 |
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Appeal dismissed as time‑barred; prosecution failed to prove false information or unlawful possession of foreign currency beyond reasonable doubt.
Criminal procedure – appeal competence – mandatory notice under s349 CP&EC and s349(4) good cause; Corrupt Practices Act s14(1)(a) – false information must be material to matter under investigation; Exchange Control Regulations Reg 25(1) – possession requires Ministerial permission; burden and standard of proof – prosecution must prove guilt beyond reasonable doubt; inconsistent prosecution evidence resolved for accused.
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2 June 2020 |
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1 June 2020 |
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1 June 2020 |
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1 June 2020 |
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1 June 2020 |
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1 June 2020 |
| May 2020 |
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29 May 2020 |
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29 May 2020 |
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29 May 2020 |
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Court granted bail with strict conditions and dismissed appeal against refusal to withdraw prosecution.
Criminal procedure — Bail as a constitutional but qualified right — Bail reconsideration under s42(2)(e) Constitution and s118(5) CPE Code; Review of lower court's refusal to withdraw prosecution; Conditions and restraining orders to protect witnesses and ensure attendance.
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28 May 2020 |
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15 May 2020 |
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6 May 2020 |
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6 May 2020 |
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5 May 2020 |
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5 May 2020 |
| April 2020 |
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28 April 2020 |
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Whether a minister may impose a nationwide lockdown via Public Health rules without state of emergency or parliamentary oversight.
Constitutional law – legality of lockdown measures; Public Health Act s31 – delegated rule‑making and ultra vires; Parliamentary oversight s58; derogation of Chapter IV rights; interlocutory injunctions; adequacy of damages; duty of candour by Attorney General.
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28 April 2020 |
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24 April 2020 |