Results.
8 judgments found.
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| July 2023 |
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Court refused certification to the Constitutional Court, upheld charge particulars, and extended trial time under section 261(3).
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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
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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.
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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.
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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.
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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 |
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Seasonal cultivation without exclusive possession and intention does not establish adverse possession to defeat earlier registered title.
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Adverse possession — Registered Land Act s.134(1) — elements: factual possession and intention to possess — seasonal cultivation insufficient — failure to register adverse possession — variation of default judgment and rectification of land registry.
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13 July 2023 |
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Claim struck out for inordinate delay and abuse of process; defective sworn statement curable but did not avert strike-out.
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Civil procedure — Want of prosecution — Strike out under Order 12 r56 — Court’s discretion and prejudice — Sworn statements: commissioning and service requirements (Order 18) — Abuse of process — Urgency in commercial matters.
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13 July 2023 |
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Whether a prosecution under the Corrupt Practices Act is ‘instituted’ on arrest/charging or only when the accused is called to answer the charge.
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Criminal procedure — Corrupt Practices Act — requirement of DPP written consent to institute prosecutions — meaning of ‘instituted’ (arrest/charging/remand v. being called to answer/plead) — repeal of consent requirement and retrospectivity — General Interpretation Act s.14.
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11 July 2023 |
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Whether late service of a charge-sheet and pre-plea disclosure obligations justify adjournment and set timelines for evidence disclosure.
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Criminal procedure — service of charge sheet; section 151(1) CP&EC — pre-plea disclosure of evidential material; fair trial and equality of arms; right to legal representation; adjournment and timelines.
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3 July 2023 |