Results.
6 judgments found.
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| April 2022 |
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DPP certificate transferring a commenced trial was quashed for lack of reasons and bad faith; matter remitted to subordinate court.
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Prosecutorial discretion — section 289 CPEC — judicial review of DPP decisions — duty to give reasons when changing forum after trial commencement — certiorari — fair trial and judicial independence.
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22 April 2022 |
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Documents filed by an unlicensed practitioner are nullities; provisional injunction set aside as unjust and disruptive to church operations.
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Legal practitioners — practising licence — validity of steps and documents prepared by an unlicensed practitioner — nullity of filings; Interlocutory injunction — Order 10 r.27 — serious question to be tried; adequacy of damages; balance of convenience; inherent jurisdiction; church funds and freedom of worship.
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21 April 2022 |
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Court corrected a clerical error in judgment date, extended time for damages assessment, and directed Registrar to proceed with specified timelines.
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Civil procedure — correction of clerical error in judgment (Order 20 r11) — applicable procedural rules for proceedings commenced before 2017 Rules — extension of time for assessment of damages (Order 3 r5) — assessment procedure and particulars for special damages — costs and right of appeal.
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8 April 2022 |
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Court ordered university to process the applicant’s pending PhD results within 90 days for inordinate, unjustified delay.
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Administrative law — University academic administration — Inordinate delay in processing postgraduate results — Procedural fairness and legitimate expectations; academic quality assurance; remedy by mandamus to process results within fixed time; costs awarded to successful applicant.
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5 April 2022 |
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Assessment of damages for 64-day unlawful detention and malicious prosecution, with awards for loss of liberty, reputation and mental anguish.
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False imprisonment; malicious prosecution; damages assessment — award for 64 days’ detention; damages for injury to feelings, humiliation and loss of reputation; reliance on comparable local authorities.
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4 April 2022 |
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Claimant awarded damages, unpaid salaries, pension and leave grants after unfair dismissal; severance and notice pay excluded due to pension entitlement.
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Employment law — unfair dismissal after reinstatement — employer bad faith; calculation of withheld salaries, pension and leave grants; severance/notice pay excluded where pension entitlement and Police Act retirement powers apply; costs awarded.
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4 April 2022 |