Results.
48 judgments found.
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| December 2001 |
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Appeal against armed robbery conviction and eight-year sentence dismissed; alibi not pleaded and evidence was sufficient.
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Criminal law — armed robbery — alibi defence and burden of proof — use and weight of co-accused statements under caution — corroborative physical evidence — sentence proportionality for aggravated robbery.
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21 December 2001 |
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Court refused transfer under s.75; reprosecution allowed and trial ordered at original Mzuzu venue.
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Criminal procedure — Venue and transfer of trial (s.75 CP&EC) — Requirement to show fair and impartial inquiry impossible — Discharge under s.77(1) not a bar to reprosecution — Convenience of accused and witnesses — Security measures versus transfer.
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11 December 2001 |
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Employer's seizure of former employee's household goods amounted to conversion; damages to be assessed, costs awarded to applicant.
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Conversion — Seizure of former employee's household goods — Ownership and entitlement to possession — Lien and set-off versus wrongful taking — Failure to appear; trial proceeded in absence under Order 35 r.1(2) — Damages to be assessed by Registrar — Costs to plaintiff.
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10 December 2001 |
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Adultery inferred from cohabitation justified divorce; custody, maintenance and costs awarded to the petitioner.
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Divorce — Adultery — Proof by inference from cohabitation and conduct; standard of proof: balance of probabilities — Collusion/condonation — Jurisdiction: domicile — Custody and maintenance endorsement — Costs follow the event (no limit).
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5 December 2001 |
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Both drivers were negligent: defendant for improper parking without warnings, plaintiff’s driver for excessive speed; liability apportioned 50/50.
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Road traffic negligence — duty of care of drivers — negligent parking on or near road without warning — contributory negligence by excessive speed and failure to keep proper lookout — apportionment of liability 50:50.
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3 December 2001 |
| November 2001 |
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Plaintiff awarded compensatory damages for workplace negligence causing loss of three fingers and reduced earning capacity.
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Negligence — workplace injury — assessment of damages in defendant's absence — heads of damage: pain and suffering, loss of amenities, disfigurement, loss of earning capacity — prior compensation inadequate
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29 November 2001 |
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Interim injunction upheld in judicial review; Section 10 does not bar injunctions protecting constitutional rights.
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Judicial review — interlocutory injunctions — Section 10 Cap. 6:01 — constitutional remedy — Speaker as party to review — ex parte non-disclosure — American Cyanamid balance of convenience.
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27 November 2001 |
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Plaintiff awarded lost salary, commuted leave and death gratuity; housing allowance refused; interest from 21 May 1994 at 25% p.a.; costs awarded.
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Civil service — Wrongful dismissal — Assessment of lost salary, commuted leave and death gratuity; refusal of housing/ancillary allowances absent contractual entitlement; interest on judgment debts — discretionary award from effective date of entitlement at 25% p.a. simple interest.
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23 November 2001 |
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A summons for security for costs does not stay proceedings; plaintiff validly entered default judgment, so security application dismissed.
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Civil procedure — security for costs (Order 23) — foreign plaintiff — effect of summons for security on proceedings — default judgment — setting aside default judgment — post-judgment security only where judgment directs further proceedings.
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22 November 2001 |
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Assessment of damages for an 11‑year‑old’s death: K20,000 for life expectancy loss and K15,000 for dependency, plus costs.
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Damages — death of child — assessment of loss of expectation of life and dependency — quantum for infants versus adolescents — conventional awards guided by precedent.
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7 November 2001 |
| October 2001 |
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High Court has concurrent jurisdiction over many labour disputes; Industrial Relations Court’s jurisdiction is limited and does not oust ordinary courts.
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Constitutional jurisdiction of High Court — Concurrent jurisdiction with Industrial Relations Court — Limits of Industrial Relations Court’s jurisdiction under Labour Relations Act and Employment Act — Distinction between statutory unfair dismissal and common-law contractual/tort remedies — Transfer versus dismissal of proceedings — Injunctive relief in labour disputes.
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16 October 2001 |
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Interlocutory injunction to restrain alleged subletting was justified to preserve the status quo pending trial.
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Interlocutory injunction — preservation of status quo pending trial — advertisement as evidence of intention to sublet or transfer — tenancy at will v. subsisting lease — successor in title’s rights and consent to subletting — weight of prior interlocutory findings.
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14 October 2001 |
| September 2001 |
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Conviction for indecent assault of a child under 14 is unsafe without corroboration; conflicting medical reports created reasonable doubt.
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Criminal law — Sexual offences — Evidence of child complainant under 14 requires corroboration — Medical evidence as corroboration — Conflicting medical reports render conviction unsafe.
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28 September 2001 |
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An acquitted public servant was awarded damages for false imprisonment and malicious prosecution and recovery of withheld salary.
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False imprisonment — short detention with ill-treatment — damages assessed; Malicious prosecution — acquittal entitles plaintiff to damages; Employment law — withheld salary after acquittal cannot lawfully be forfeited; Remedies — award of wages withheld plus costs where defendant defaulted.
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25 September 2001 |
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Power of sale valid after three months; private treaty sales lawful if in good faith; irregularities yield damages only.
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Registered Land Act — demand notice and default (s68) — power of sale after three months (ss60(2),68(2)) — sale by private treaty valid if in good faith (s71) — Registrar approval not strictly fatal — remedy for irregularity is damages (s71(3)).
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20 September 2001 |
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Conviction for conspiracy quashed where court improperly relied on co-accused confessions and failed to prove a single agreement.
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Criminal law — Conspiracy — Admissibility and weight of confessions under s176 Criminal Procedure and Evidence Code — Confessions admissible only against maker unless adopted — Statements to police not in furtherance of conspiracy (res gestae) — Confessions obtained by duress/torture inadmissible or to be given no weight — Burden to prove single agreement among accused.
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19 September 2001 |
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Interim injunction granted to restrain defendant’s occupation of disputed land; widow-signed sale document deemed invalid under Statute of Frauds.
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Land law — interim injunction — trespass and occupation — beneficiary’s locus standi to sue — Statute of Frauds 1677 — validity of purported sale document signed by widow — balance of convenience and irreparable harm.
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18 September 2001 |
| August 2001 |
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Adjourning a contempt hearing to another day deprives the court of summary jurisdiction, rendering any subsequent conviction a nullity.
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Contempt of court — Summary jurisdiction lost by adjournment — Requirement to warn potential contemnor before summary charge — Need for formal charge sheet and avoidance of duplicity — Procedural defects render conviction a nullity — Sections 113 Penal Code; Sections 353(2)(a)(i) and 362 Criminal Procedure and Evidence Code.
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31 August 2001 |
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An interlocutory injunction preventing an employer recovering company property was discharged as damages were an adequate remedy after termination.
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Interlocutory injunctions — American Cyanamid principles — adequacy of damages as remedy — ex parte applications and nondisclosure/misrepresentation — employer’s right to recover company property after employment termination — publication of notice that employee no longer occupies post.
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24 August 2001 |
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Order 14 summary disposal refused because the disputed cause of the accident was a factual issue requiring a full trial.
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Civil procedure — Order 14 summary disposal — question of law v. fact; Workers Compensation Act s.4(2)(b) — negligence, deliberate self-injury, serious and willful misconduct; requirement of evidence for exclusions under compensation statute.
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23 August 2001 |
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Ex parte interlocutory injunction discharged where applicant deliberately suppressed material facts and misled the court.
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Civil procedure — Ex parte interlocutory injunction — Duty of full and frank disclosure — Suppression of material facts — Order obtained by misrepresentation discharged.
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22 August 2001 |
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Sheriff’s fees (poundage) are due once goods are seized; the party who caused execution is liable even if no sale occurs.
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Sheriff’s fees/poundage — entitlement upon seizure of goods — execution levied but no sale — Courts Act Schedule; Sheriffs Act; local precedents (Maunde; Sheriff v Press Produce) — Re Ludmore distinguished — liability of party initiating execution — court power to order payment of Sheriff’s costs when setting aside execution.
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17 August 2001 |
| July 2001 |
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Assessment of wrongful-death damages: awards for loss of expectation and dependency, apportionment, and minors' shares lodged in court.
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Wrongful death — assessment of damages — loss of expectation of life; loss of dependency — multiplicand and multiplier method; one-third deduction; apportionment among dependants; minors' shares to be paid into court.
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18 July 2001 |
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Interim injunction granted in a passing-off claim where damages inadequate and balance of convenience favoured the applicant.
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Passing off; interlocutory injunctions (American Cyanamid principles); adequacy of damages in passing-off claims; balance of convenience/incidence of injustice; billboard advertising confusion.
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15 July 2001 |
| June 2001 |
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Court allowed defendant to amend defence to add specific performance claim, ordered amended pleadings within 40 days and costs on defendant.
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Civil procedure — Amendment of pleadings — Leave to amend defence and counterclaim to include specific performance — Summary judgment under Order 86 rule 8 — Prejudice and costs — Discretion to allow amendments at hearing stage.
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26 June 2001 |
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15 June 2001 |
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A creditor may present a winding-up petition after a 21‑day demand; the applicant’s injunction was refused.
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Companies Act s213(3) — statutory 21‑day demand and inability to pay; winding‑up petitions — creditor’s entitlement where debt is undisputed; interlocutory injunctions restraining presentation of winding‑up petitions; procedure — originating motion in open court required (not originating summons in chambers).
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8 June 2001 |
| May 2001 |
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Employer breached statutory and common-law duties by failing to provide insulating gloves and safe work measures, causing severe injury and amputation.
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Labour/employer’s duty of care — Factories (Electricity) Regulations s.28 — failure to provide insulating gloves — breach of duty and causation — defence under Factories Act s.71(2) rejected — damages for amputation and loss of earning capacity.
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28 May 2001 |
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Whether applications for judgment on admission are interlocutory and when correspondence amounts to an unequivocal admission.
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Civil procedure — Judgment on admission — Whether interlocutory or final — Admissibility of statements of information and belief in affidavits (Order 41 r 5) — Requirement to disclose sources and grounds — Admissions in correspondence — Discretion to grant judgment on admission.
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28 May 2001 |
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Labour disputes under the Employment Act must be commenced in the Industrial Relations Court absent exceptional circumstances.
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18 May 2001 |
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Applicant's challenge to an arbitration award for wanting extra damages was dismissed for lack of misconduct and procedural basis.
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Arbitration Act s.3 — arbitrators' authority and umpire appointment; no appeal from arbitrators' award; s.24(2) challenge; desire to reform award insufficient; no misconduct found.
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14 May 2001 |
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Court stayed action 90 days where former director lost authority to instruct counsel and died; counsel lacked company mandate.
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Company law — authority of director to instruct counsel — change of director and counsel — representation without company authority — personal loss vs company loss — stay pending enquiries into deceased director's estate.
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11 May 2001 |
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Applicant’s assertion of legitimate expectation and Wednesbury unreasonableness failed; decision remitted for reconsideration with reasons.
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Administrative law — Judicial review of tribunal decision — Legitimate expectation — Requirement of clear, unambiguous promise or established practice — Wednesbury unreasonableness — Duty to give reasons; remit for reconsideration.
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7 May 2001 |
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Court found mayor and police guilty of contempt for disobeying an injunction and unjustifiably dispersing a public meeting.
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Civil contempt — disobedience of injunction restraining disruption of public meeting — mens rea in contempt — validity and sufficiency of penal notice and service — police reliance on prevention of disorder/superior orders — suspended custodial sentence to protect freedom of assembly.
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5 May 2001 |
| April 2001 |
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An ex parte stay of execution requires full disclosure and particulars of any meritorious defence; bare assertions will be vacated.
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Civil procedure — Stay of execution — Order 47/1 — Ex parte applications — Duty of full and frank disclosure by counsel — Meritorious defence must be particularised — Summary judgment — Vacatur of stay.
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27 April 2001 |
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Appeal dismissed: joint-enterprise conviction for attempted robbery and three-year sentence affirmed.
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Criminal law — Attempted robbery — Joint enterprise/acting in concert (s.21 Penal Code) — Credibility of complainant — Aggravated robbery where committed in company — Sentence proportionality.
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23 April 2001 |
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Court ordered estate administrators to render accounts and join the Administrator General, refusing immediate revocation despite mismanagement.
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Administration of estates — duty of administrator to call in assets, pay creditors, account and protect minors’ interests — failure to account — revocation of letters of administration discretionary — alternative remedies: joinder of Administrator General and applicants, mandatory accounting and scheme for minors — costs against defaulting administrators.
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6 April 2001 |
| March 2001 |
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Court discharged the regulator as party, finding the first defendant’s attempted joinder an abuse of process and ordered costs.
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Civil procedure — Joinder of parties; Abuse of process — reintroduction of matter previously dismissed; Administrative/regulatory law — necessity of regulator’s presence in declaratory proceedings concerning interconnection agreements; Declaratory relief versus appeal or fresh proceedings; Costs for interlocutory applications.
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29 March 2001 |
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Applicants failed to prove prima facie legality of their sit-in; injunction to protect negotiations was dismissed.
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Civil procedure — Order 29 r.1 — interim injunction; industrial action — legality of sit-in/strike; burden to establish prima facie right; injunctions not to compel negotiations; distinct causes of action vs. grafting new matter onto pending judicial review.
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28 March 2001 |
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The respondent must pay full statutory severance for entire service; long-service awards do not offset statutory severance.
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Employment law — Severance allowance — Section 35(1) Employment Act 2000 — Long Service Awards not a substitute for statutory severance — Right to fair labour practices (s.31) — Interest for delayed statutory payment.
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23 March 2001 |
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Private employer may terminate on contractual notice; constitutional administrative-law protections (Section 43) do not apply to private employment termination.
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Employment law — Termination of employment by private employer — Contractual notice — Validity of Acting Chairman’s approval — Non-application of constitutional administrative-law protections (Section 43) to private master-servant terminations — Damages for loss of legitimate expectations.
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20 March 2001 |
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14 March 2001 |
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Appeal allowed where trial court misapplied evidence law and failed to consider self-defence; conviction quashed.
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Criminal law — evaluation of credibility and contradiction in evidence; single witness evidence; duty to consider possible defences (self-defence/defence of another); burden on prosecution to disprove raised defences beyond reasonable doubt; appellate review of factual findings.
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13 March 2001 |
| February 2001 |
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An interim administrator lacked authority to sue in the company’s name; injunction obtained without mandate was discharged.
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Company law — separate juristic personality; authority to sue rests with directors (Article 63, Companies Act); interim administrator’s powers limited until registration; ratification of unauthorised acts; interlocutory injunction — discharge where obtained without mandate or where material change in circumstances; procedural remedies (stay/dismissal) versus discharge.
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22 February 2001 |
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A rehearing on appeal is confined to evidence before the Registrar; new affidavit disallowed and damages confirmed subject to tax deduction.
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Civil procedure — Appeals from Registrar under Order 58 — scope of "rehearing"; Evidence — admissibility of additional evidence on appeal; Evidence — sufficiency of petty cash vouchers, invoices and quotations versus receipts; Assessment of damages — loss of use/loss of earnings must account for tax liability.
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18 February 2001 |
| January 2001 |
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Insurer liable where no material misrepresentation and policy effective despite unpaid premium; unpaid premium and excess deducted from indemnity.
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Insurance law — misrepresentation and non-disclosure — proposal form — effect of insured’s lack of knowledge of importation values; Insurance law — non-payment of premium — insurer’s conduct in issuing policy treated as waiver; Deduction of unpaid premium and excess from indemnity; Claim for unpleaded contractual interest rejected.
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26 January 2001 |
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Summary dismissal held wrongful; one month’s salary awarded and unpaid overtime/holiday pay ordered, costs on subordinate scale.
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Employment law — summary dismissal — requirement to prove misconduct and call material witnesses — hearsay disregarded — wrongful dismissal where employer fails to prove misconduct; damages limited to earliest lawful termination (one month’s notice) — entitlement to unpaid overtime and holiday/weekend pay.
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16 January 2001 |
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8 January 2001 |