Results.
7 judgments found.
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| December 2024 |
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A defendant who refers a constitutional challenge becomes the claimant; the Attorney General remains a neutral constitutional advisor.
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Constitutional law
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Constitutional referrals — Whether Attorney General should be claimant where lower court certifies referral — Role of AG as neutral custodian of the Constitution
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Burden of proof — Presumption of constitutionality and onus on party challenging legislation
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Civil procedure — Order 19 CPR — Commencement and citation of constitutional proceedings — Party who moves the court should be claimant
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17 December 2024 |
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Unexplained division of matrimonial property set aside and remitted for rehearing due to lack of reasons and analysis.
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Matrimonial property distribution — duty to give reasons — assessment of contributions and parties' intentions — improper delegation to Registrar — remittal for rehearing.
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17 December 2024 |
| November 2024 |
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Whether seized foreign currency should be forfeited where a businessperson hid funds and used a fake receipt, outweighing mitigating circumstances.
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Exchange control — Regulation 36(1) discretionary forfeiture of foreign currency — judicial exercise of discretion — aggravating factors (large sum, concealment, forged receipt, business person) v. mitigating factors (first offender, plea, alleged hardship) — precedents: Kamanga; Zheng Yan; Henry Kopa; Ashraf Bdallal El Ali — requirement to hear accused in opposition to forfeiture.
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20 November 2024 |
| October 2024 |
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Interpleader claim dismissed where claimant failed to follow Sheriff Act procedure and did not prove ownership of seized goods.
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Interpleader relief; section 11(a)(iii) Courts Act; Order 29 CPR scope; section 20 Sheriff’s Act (Sheriff interpleader summons); burden to prove ownership of goods seized in execution.
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25 October 2024 |
| April 2024 |
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Marriages by repute cannot be dissolved via divorce petitions; seek declaratory finding and ancillary orders instead.
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Family law — Marriage by repute or permanent cohabitation — Whether such unions can be dissolved by a court — Marriage, Divorce and Family Relations Act ss 12, 13
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Civil procedure — Proper remedy for informal unions — Petition for divorce is inappropriate; seek declaratory finding and ancillary orders instead
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18 April 2024 |
| March 2024 |
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A statutory corporation (municipal council) is not exempt from enforcement under Order 34 rule 4 absent express statutory immunity.
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Civil procedure — Order 34 rule 4 CPR 2017 — exemption from enforcement applies to Government or public officers as defined by statute; statutory corporations do not automatically enjoy Crown-type immunities absent express statutory provision.
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6 March 2024 |
| January 2024 |
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27 January 2024 |