Results.
5 judgments found.
|
|
|
| September 2020 |
|
|
Claimant failed to prove driver’s negligence or resulting damages; documentary and witness evidence not tendered, each party to bear own costs.
-
Negligence — burden of proof on claimant — requirement to prove duty, breach and causation — pedestrian also owes duty of care — failure to tender documentary evidence and call witnesses fatal to claim — res ipsa loquitur not invoked or pleaded — insurer liability fails if primary claim not proved.
|
24 September 2020 |
| March 2020 |
|
|
Misheading of a notice of appeal is curable; the Labour Relations Act’s 30-day appeal period to the Industrial Relations Court prevails over the Subordinate Courts Rules.
-
Civil procedure — appeals from Industrial Relations Court — validity of notice of appeal — defective heading — curable error; Time limits for filing notice of appeal — specific statutory provision (Labour Relations Act s65(2), 30 days) prevails over general Subordinate Courts Rules (Order 33, 14 days); Form requirements — purpose and curing of clerical defects; Preliminary objections — when to be upheld.
|
11 March 2020 |
|
Whether a judgment made in chambers required leave to appeal and whether a stay order effectively granted that leave.
-
Civil procedure — Appeal from judgment made in chambers — Requirement for leave under Supreme Court of Appeal Act — Validity of notice of appeal filed before grant of leave — Effect of stay order as de facto grant of leave; Order III r3(2); s23 SCA Act; procedural time limits.
|
5 March 2020 |
| January 2020 |
|
|
Court stayed execution after Registrar prematurely issued and executed a warrant; directed review by Deputy Chairperson.
-
Civil procedure — Stay of execution — Industrial Relations Court — Registrar's powers under Rule 5A — Review by Chairperson/Deputy Chairperson — Interpretation of "reasonable time" in assessment orders — Premature issuance and execution of warrant — Allegations of Registrar misconduct.
|
29 January 2020 |
|
Declaration of lawful ownership of public land allocated by the Commissioner; sale to purchaser void; brief trespass no damages.
-
Land law — declaration of planning area converts customary land to public land under Town and Country Planning and Land Acts — allocation and administration by Commissioner for Lands — occupiers cultivating public land possess no transferable title; sale by occupier void
-
Tort — trespass by brief wrongful occupation; limited period may not attract damages. Constitutional property rights — declaratory relief available; no separate damages where trespass too brief and hearing inadequate
|
7 January 2020 |