|
Citation
|
Judgment date
|
| May 2023 |
|
|
Registrar may assess interest despite defendant's 'without prejudice' dollar-pegging claim; claimant awarded costs and assessment set down.
Civil procedure — Assessment of interest — Admissibility of 'without prejudice' communications — Registrar's jurisdiction under Order 25 Rule 1 to determine whether issue is contentious — Costs discretion under Order 31 Rule 3.
|
30 May 2023 |
|
Court consolidated two related suits over one loan offer, finding consolidation appropriate where borrower admitted default and issues are identical.
Commercial law – loan facilities contained in one offer – borrower default and lender's right to recall – injunctions as stopgap measures – consolidation of related proceedings to avoid abuse of process – sale of secured property and notice requirements – Loans Recovery Act applications where borrower admits default.
|
25 May 2023 |
|
Court refused to strike out claim for misnaming, ordered amendment of defendant's name and directed assessment of damages.
Civil procedure — Misnaming of party — Amendment of party name under Order 1 Rule 5 — Default judgment — Strike-out after judgment inappropriate; set-aside is proper remedy.
|
22 May 2023 |
|
|
19 May 2023 |
|
|
19 May 2023 |
|
|
16 May 2023 |
|
Employer breached statutory duty to guard dangerous machinery causing amputation; dismissal was unfair and claimant reinstated, damages to be assessed.
Occupational safety – Employer’s duty to fence or guard dangerous machinery – breach of s35 OSHWA establishing negligence; Contributory negligence – standard adapted to noisy, repetitive factory work – defence rejected; Causation – lack of guarding caused amputation; Employment law – burden on employer to prove redundancy under Employment Act s61 – dismissal unfair; Reporting obligations – failure to notify Director and Workers Compensation Trustee under OSHWA and Workers Compensation Act.
|
12 May 2023 |
|
Court entered judgment for the claimant on admitted loan liability and awarded costs; interest and costs to be assessed if not agreed.
Commercial law – loan default – admission of liability – judgment on liability despite disputed quantum – consent/agreed order inconsistent with court directions – assessment/taxation of interest and costs – enforcement of security/power of sale.
|
10 May 2023 |
|
Policy forcing Rastafarian children to cut dreadlocks for school admission violates rights to religion, education and equality.
Constitutional law – freedom of religion – manifestation by hair (dreadlocks) – right to education – equality and non‑discrimination – administrative law – policy (written or unwritten) amenable to review – Wednesbury irrationality and proportionality – reasonable accommodation – remedies: declarations, certiorari, mandamus, costs.
|
8 May 2023 |
|
Overtime claims require employee proof; unreasoned lump-sum awards for unfair dismissal must be set aside and reviewed.
Labour law — Unfair dismissal — Procedural fairness v substantive reason — Compensation assessment — Burden of proof for overtime on employee — Registrar/Assistant Registrar jurisdiction — Review under Rule 5A — Mitigation and contributory fault — Severance pay computation.
|
5 May 2023 |
|
Court held interdiction and prosecution null where suspension power rests with the President and Director enjoys statutory immunity absent alleged bad faith.
Administrative/constitutional law – judicial review of government action – permission to apply ex parte constitutes the review application; where no defence is filed claimant may seek scheduling conference or ask Court to end proceedings early – exception to mootness for decisions capable of repetition yet evading review – public officer immunity under Corrupt Practices Act (section 22) requires allegation/establishment of bad faith before proceedings – suspension/interdiction power of Director vested in President (section 6(3)).
|
5 May 2023 |