Results.
10 judgments found.
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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.
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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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Discharge of an INTERPOL red notice did not negate flight risk; court denied bail and recused itself.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |