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Citation
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Judgment date
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| December 2023 |
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Shareholder petition under Companies Act upheld as competent; strike-out and security-for-costs applications dismissed.
Companies law – Shareholder actions (ss.341–343) – Distinction between derivative and personal/shareholder actions – Locus standi of post-IPO shareholders; Civil procedure – competency of strike-out applications – limits on invoking inherent jurisdiction; Security for costs – balancing exercise and evidence of ability to pay.
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29 December 2023 |
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22 December 2023 |
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Repeat defilement offender given 30 years’ imprisonment with hard labour due to aggravating factors outweighing mitigation.
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21 December 2023 |
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After mandatory death sentence invalidation, resentencing applies general sentencing principles and resulted in 36 years' imprisonment.
Criminal law – Resentencing after mandatory death sentence declared unconstitutional – Application of general sentencing principles – Admissibility of unsworn statements at resentencing – Aggravating factors: weapon use and group action – Mitigating factors: absence of premeditation, youth, first offender status, rehabilitation – Fixed term 36 years with hard labour.
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20 December 2023 |
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Resentencing after mandatory death penalty invalidation; court imposed 34‑year terms, crediting health and first‑offender status.
Constitutional law — resentencing after invalidation of mandatory death sentences; sentencing principles; aggravating factor: group action; mitigating factors: serious ill‑health (HIV/AIDS) and first‑offender status; custodial time accounted for; 34‑year custodial terms imposed.
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20 December 2023 |
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On resentencing after an invalid mandatory death sentence, court imposed 42 years’ imprisonment, finding premeditation but insufficient culpability for life or death.
Criminal law – Resentencing after unconstitutional mandatory death sentence – Sentencing principles on resentencing – Aggravating factor: premeditation – Mitigating factors: first offender accepted; alleged mental illness and character evidence not given weight due to inadmissibility – Sections 339/340 relief declined – Sentence of 42 years’ imprisonment with hard labour.
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20 December 2023 |
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Resentencing after unconstitutional mandatory death: court applies sentencing principles and imposes 37 years' imprisonment for murder.
Resentencing after unconstitutional mandatory death – general sentencing principles apply – aggravating: weapon used, premeditation – mitigating: youth and first offender – unsworn statements carry no weight – time served considered.
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20 December 2023 |
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Discharge of an INTERPOL red notice did not negate flight risk; court denied bail and recused itself.
Criminal procedure – Bail – Change of circumstances – INTERPOL red notice discharge – Flight risk – Court’s independent discretion despite prosecution’s consent – Counsel’s duty to court – Recusal for perceived bias.
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15 December 2023 |
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Court awarded boosted compensation for unfair dismissal, including employer medical contribution and 20% employee apportionment.
Labour law — unfair dismissal — compensation calculation — last known salary and employer MASM medical contribution included for compensation; severance calculated on basic salary only — employee contribution to dismissal (20%) reduces award — mitigation of loss (common law) not applied under Employment Act — uplift/boost for currency devaluation (82%).
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14 December 2023 |
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Court awarded boosted compensation for unfair dismissal, including employer medical contribution, reduced for 20% employee contribution.
Employment law – unfair dismissal compensation – Sections 63(4) and 63(5) Employment Act – severance under Section 35 and First Schedule – inclusion of employer medical contribution in ‘wages’ for compensation – applicant’s contribution to dismissal (20%) – mitigation/common‑law principles held inapplicable as statutory scheme governs – boosting awards for currency devaluation (82%).
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14 December 2023 |
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Court assessed just and equitable compensation by service duration, excluded specified benefits from severance, and boosted awards 50% for devaluation.
Labour law – unfair dismissal compensation – assessment under Employment Act ss.63(4),(5) – duration of service primary factor – mitigation of loss not a statutory requirement – severance computation per s.35(2) exclusions – uplift for currency devaluation (50%).
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12 December 2023 |
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Fraud must be pleaded with particularity; absent particulars, summary judgment for insured on undisputed insurance claim.
Insurance law; summary judgment; fraud allegations must be pleaded with particularity; assessors’ reports; interim payment as evidencing claim acceptance.
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8 December 2023 |
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Application to discharge interlocutory injunction dismissed as untimely and misconceived; claimant complied with 14‑day proof requirement.
Commercial law – Interlocutory injunction – condition to produce proof of assignment of government proceeds within time – claimant filed within 14 days – defendant’s delayed application to discharge deemed misconceived and abandoned; prior consent order and abuse of process; costs: parties to bear own costs.
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8 December 2023 |
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Court reopened a secured loan under s.3 Loan Recovery Act, holding penalty interest unconscionable and unenforceable.
Banking & contract law – overdraft facility – default/penalty interest – unenforceable penal clause where loan is secured – Loans Recovery Act s.3 – reopening of transaction – assessment of lawful balance – power of sale conditional on non-payment.
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7 December 2023 |
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Summary judgment refused due to triable issues over title to allegedly stolen fertiliser and entitlement to payment.
Civil procedure — Summary judgment — Application dismissed where triable issues exist as to title and bona fide purchaser status of allegedly stolen goods, and where claimant alleges loss caused by supply of stolen goods leading to contract cancellation.
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5 December 2023 |
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Prosecution failed to prove theft or gross negligence where employer’s lax banking practices created reasonable doubt.
Criminal law – Theft by public servant (s283) – presumption of theft and burden to rebut; Negligence by public servant (s284) – requires high degree of gross negligence or recklessness; employer lax banking procedures and corroborated explanation created reasonable doubt.
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1 December 2023 |
| November 2023 |
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Security for costs ordered where non-resident, impecunious claimant pursued uncertain and potentially vexatious claims.
Civil procedure – security for costs – claimant resident outside jurisdiction and impecunious – uncertain, inconsistent and potentially vexatious pleadings – lack of documentary proof of fund transfers – order for security for costs.
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29 November 2023 |
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An agreed consent order is binding; a party cannot later assess interest contrary to that order.
Civil procedure – Agreed/consent order – Binding effect of Agreed Order endorsed by court – Assessment of interest – Res judicata – Variation of consent order requires fresh action – Late payment interest claims.
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29 November 2023 |
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Court dismissed application to set aside stay of execution, distinguishing appellate ‘inchoate’ doctrine from enforcement procedure.
Civil procedure — Summary judgment on liquidated sum — Inchoate judgments and finality — Apex Court jurisprudence on appeals vs enforcement — Order 23 r 6(1) effect of judgment — Order 28 r 11 enforcement order and costs — Stay of execution pending assessment of interest and appeal.
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23 November 2023 |
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20 November 2023 |
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Interlocutory injunction vacated due to suppression of material facts and absence of arguable tenancy right.
Interlocutory injunction — ex parte applications — duty of full and frank disclosure — suppression/misrepresentation of material facts — requirement of a serious question to be tried — tenancy evidence and allocation of statutory corporation housing — costs.
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17 November 2023 |
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Claimant had no contractual right of first refusal; council sale lawful; action dismissed and claimant ordered to vacate and pay arrears.
Local government property disposals – right of first refusal requires contractual or legal instrument; legitimate expectation requires judicial review procedure; failure to advertise does not automatically invalidate council disposals; specific council housing policy governs eligibility.
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14 November 2023 |
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Disciplinary minutes not obligatory; dismissal for supervisory neglect upheld; deduction of terminal benefits to recover shortages held unlawful.
Employment law – disciplinary procedure and natural justice – no legal requirement to record/tender disciplinary minutes; Appeals from IRC limited to questions of law or jurisdiction (Labour Relations Act s65); supervisory negligence may justify dismissal; Employment Act (ss52,56) restricts deductions from wages and prohibits offsetting unexplained stock shortages against terminal benefits.
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14 November 2023 |
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Application for summary disposal dismissed because disputed factual issues (including document authenticity and grounds for dismissal) require a full trial.
Industrial relations — Summary disposal on point of law — Procedure permissible only where no disputed facts — Disciplinary proceedings and alleged unfair dismissal — Authenticity of documents and compliance with Employment Act s57 — Matter ordered to substantive hearing.
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14 November 2023 |
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Applicant failed to show a real risk of injustice required to stay civil proceedings pending related criminal proceedings.
Civil procedure – Stay of civil proceedings pending criminal proceedings – Applicant must demonstrate a real risk of injustice, not merely allege prejudice – Burden of persuasion remains with the applicant – Alleged inability to cross-examine a witness insufficient without showing real risk of injustice.
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3 November 2023 |
| October 2023 |
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31 October 2023 |
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Whether a trust can be incorporated without statutory compliance and who may properly represent the corporate claimant.
Trustees incorporation — compliance with Trustees Incorporation Act and Trustees Incorporation Rules; requirement to examine Form A, constitutions, fees and verified signatures — Wednesbury unreasonableness — quashing order (certiorari) — nullity of forged certificate — locus standi and proper corporate representation.
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27 October 2023 |
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Accused discharged under section 247(1) after 15-year prosecutorial dormancy and State's unwillingness to proceed.
Criminal procedure — Prosecutorial delay — Discharge under section 247(1) of the Criminal Procedure and Evidence Code — Discontinuance under section 77(1) limited to DPP — Section 286 remedies for delay — Right to fair trial within a reasonable time.
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18 October 2023 |
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A preliminary objection was sustained and the claimant ordered to bring contempt proceedings over an alleged breach of a freezing order.
Commercial law – freezing injunction – preliminary objection – full and frank disclosure – real risk of dissipation – arbitration clause – alleged breach of freezing order – contempt proceedings.
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13 October 2023 |
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Court sustained preliminary objection and directed claimant to bring contempt proceedings over alleged encashment of bank guarantee.
Commercial law — freezing injunction — bank guarantees — preliminary objection — full and frank disclosure — risk of dissipation — alleged contempt for cashing guarantee — arbitration clause.
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13 October 2023 |
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Bail granted where State failed to prove flight risk or danger to applicant's life, subject to conditions.
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4 October 2023 |
| September 2023 |
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Violent, wilful disobedience of court orders warranted reinstated committal, fine, and police-enforced demolition.
Contempt of court – wilful disobedience of injunctions – violent public obstruction – reinstatement of suspended committal and fine – police-assisted enforcement and demolition – payment of costs
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29 September 2023 |
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Bank validly charged and sold mortgaged property; penalty/default interest unlawful and to be assessed and refunded.
Registered Land Act s60(2), s71 – statutory demand and mortgagee’s duty when exercising power of sale; Validity of charge despite typographical title error; Loans Recovery Act s3 – challenge to excessive interest; Contractual penalty/default interest held unlawful where compound interest sufficed; Bona fide purchaser and absence of fiduciary disqualification; Accounting disputes over loan debits and advance fees.
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27 September 2023 |
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Court pierced corporate veil and dismissed interpleader, authorizing sale to satisfy the execution debt.
Enforcement of judgment – seizure and sale – interpleader application – piercing the corporate veil where company interposed to evade liabilities – abuse of process – Prest v Petrodel.
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22 September 2023 |
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Court upheld conviction on an unequivocal guilty plea and affirmed a 14-year sentence for defilement despite appellant's challenge.
Criminal law – Defilement – Plea of guilty – Section 251 CPE – Requirement that accused understands nature and consequences – Interpretation of plea – Appeals confined to record – Sentencing: 14-year starting point for defilement, mitigation vs aggravation.
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20 September 2023 |
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Claimant failed to prove Defendant owned the land sought for enforcement; alleged forged sale document referred for police investigation.
Enforcement of consent judgment – application for possession/charging order – burden of proof on claimant to show ownership – conflicting sale agreements and contested signatures – alleged forged document – referral to police for investigation – costs: each party bears own costs.
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15 September 2023 |
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Claimant failed to prove the defendant owned the land; competing forged documents prompted police referral.
Enforcement of judgment – possession of land – burden of proof on applicant – competing sale agreements – alleged forgery and perverting the course of justice – referral for criminal investigation – costs: each party to bear own costs.
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15 September 2023 |
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Default judgment set aside because summons was not personally served and substituted service was not authorised.
Civil procedure – set-aside of default judgment – requirement of personal service of summons – substituted service permissible only by court order – failure to show valid service justifies setting aside default judgment.
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4 September 2023 |
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The High Court dismissed the applicant’s customary-land claim as prematurely filed because statutory land tribunals, not the High Court, are the proper forum.
Customary land — Part VII Customary Land Act 2016 — jurisdictional forum for customary land disputes — requirement to establish customary land tribunals by legal instrument — effect of executive delay on access to justice — High Court restraint from usurping statutory forum.
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1 September 2023 |
| August 2023 |
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Applications for interlocutory injunction and declaratory orders dismissed for procedural non-compliance and absence of a commenced proceeding.
Civil procedure — Interlocutory injunctions — Order 10 r8: mandatory pre-proceeding requirements; Declaratory relief — Order 19 r27: requires existing proceeding; Service outside jurisdiction — Order 8 r30; Service by email — Order 8 r8; Legal capacity and locus standi to sue; Curability of defects in sworn statements.
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31 August 2023 |
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Magistrate erred by refusing jurisdiction without reasons; remedies for pre‑charge detention lie in habeas corpus/High Court, not necessarily bail.
Administrative law; duty to give reasons for judicial/administrative decisions – Criminal procedure; jurisdiction of magistrate courts vs High Court divisions – Habeas corpus and remedies for pre‑charge detention – Bail applications where no charge has been laid.
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24 August 2023 |
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Applicants failed to show an arguable constitutional challenge to ACB prosecutions absent DPP consent; leave for judicial review denied.
Constitutional law – prosecutorial powers – Corrupt Practices (Amendment) Act 2022 – repeal of consent requirement – Director of Public Prosecutions’ supervisory powers (s99 Constitution; ss76,79 CP&EC) – judicial review leave requirements (standing, timeliness, alternative remedy, arguable case) – challenge to statute should name Attorney General.
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24 August 2023 |
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Whether reporting missing funds amounted to false imprisonment or malicious prosecution of the applicant.
Tort — False imprisonment: liability where defendant laid a charge versus mere reporting to police; Malicious prosecution: elements — initiation, lack of reasonable/probable cause, malice, favourable termination; Defamation: need to prove specific defamatory words and publication; Legal costs reimbursement requires documentary evidence; Costs award — partial costs granted to successful head of claim.
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9 August 2023 |
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A concluded private-treaty mortgage sale cannot be re-opened; aggrieved chargor's remedy is damages, not injunction.
Registered Land Act – power of sale – private treaty sales permitted; reserve price applies to auctions only – remedy for completed sale is damages, not re-opening; interlocutory injunction void where material facts (completed sale) were not disclosed in a without-notice application; Loans Recovery Act inapplicable to statutory power of sale.
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8 August 2023 |
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No proven waiver of interest; assessment deferred pending judicial determination of the cut-off date for interest calculation.
Commercial disputes – interest on judgment debt – allegation of waiver of interest: burden of proof on alleging party; dispute over cut-off date for interest computation—issue referred to Judge under Order 25 r.2 CPR 2017; assessment of quantum deferred.
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1 August 2023 |
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Accused must prima facie show bail conditions are unreasonable; burden then shifts to prosecution to justify them.
Bail — Variation of conditions — Burden of proof in variation applications — Accused must make prima facie case; prosecution must justify conditions — s.42(2)(e) Constitution (release from detention) bifurcated — s.44(1) limitation test — Appropriate, less restrictive measures for high office holders (reporting, passport custody).
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1 August 2023 |
| July 2023 |
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Court refused certification to the Constitutional Court, upheld charge particulars, and extended trial time under section 261(3).
Criminal procedure — Certification as constitutional matter (s.9 Courts Act) — threshold requires substantive constitutional interpretation; evidential/admissibility issues are for trial. Criminal procedure — Particulars of charge (ss.126,128 CP&EC) — 'dates unknown'/'divers occasions' permissible where offences continuous; accused must be able to prepare defence. Limitation (s.261 CP&EC) — time runs from complaint registration/when accused brought to court; court may extend time under s.261(3). Conspiracy vs substantive charge — cannot duplicate substantive charge, but not present here. Prosecution's election of charging statute permissible. Financial Crimes Act applicable to charges filed post‑2017.
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27 July 2023 |
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Court found unlawful arrest and malicious prosecution; special damages unproven; damages and costs awarded to the Claimants.
Constitutional and civil rights - personal liberty and dignity; False imprisonment – requirement of reasonable and probable cause and informing arrested person; Malicious prosecution – elements: prosecution by defendant, favourably terminated, lack of reasonable and probable cause, and malice; Special damages – must be strictly pleaded and strictly proved; Evidence – inadmissibility of hearsay and duty to call available witnesses.
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20 July 2023 |
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Conviction for trafficking quashed where charge lacked particulars and prosecution failed to prove means and purpose of exploitation.
Trafficking in persons — statutory elements: action, means, purpose; Particulars of charge — sufficiency and constitutional right to be informed; Burden of proof — prosecution must prove all elements beyond reasonable doubt; Trial court must not introduce or infer unpleaded elements; Definition and proof of ‘‘exploitation’’ under the Trafficking in Persons Act.
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18 July 2023 |
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Appeal allowed: compensation for unfair dismissal must be assessed by years of service under s63(5), not by years to retirement or manner of dismissal.
Employment law – unfair dismissal – assessment of compensation – sections 63(4) and 63(5) Employment Act – compensation must be based on years of service, not years to retirement – manner of dismissal not a separate statutory factor – courts may exceed minima by increasing weeks-per-year with reasons.
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13 July 2023 |