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Citation
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Judgment date
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| December 2002 |
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Employee’s unauthorised debits, failure to secure insurance policies and improper lending constituted misconduct justifying summary dismissal, appeal allowed.
Employment law – summary dismissal for misconduct – unauthorised debits and failure to obtain insurance policies – burden and standard of proof in civil claims – admissibility and weight of bank records and investigator evidence – inadmissibility of judicial reliance on personal knowledge – criminal prosecution not prerequisite to dismissal.
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17 December 2002 |
| November 2002 |
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Conversion damages measured at market value at conversion; loss of profits must be pleaded and proved, not claimed as loss of use.
Conversion — measure of damages: market value at time of conversion; consequential loss; Loss of use — general damages, modest and discretionary; Special damages (loss of profits) must be specifically pleaded and strictly proved; Excessive judicial delay criticised.
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10 November 2002 |
| September 2002 |
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Section 138(1) vests exclusive jurisdiction in the National Compensation Tribunal for pre‑Constitution governmental abuses.
Constitutional law – section 138(1) – National Compensation Tribunal exclusive original jurisdiction for pre‑Constitution abuses of power (including malicious prosecution and false imprisonment) – interaction with section 108(1) High Court jurisdiction – section 138(3) remit power.
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19 September 2002 |
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Whether the appellant held lawful title after the respondent’s lease was lawfully determined and whether later re-entry constituted trespass.
Land law – leasehold – determination of lease for breach of development covenant – effect of government memorandum and inspection reports; Property – trespass – re-entry after lease determination; Civil procedure – trial de novo – earlier judge’s rulings not res judicata on second trial.
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16 September 2002 |
| May 2002 |
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Whether a subcontract arbitration clause was incorporated by conduct and required a stay of court proceedings.
Arbitration Act s6(1) — stay of proceedings — incorporation of subcontract terms — arbitration clause in IMPSA General Conditions — acceptance by conduct — ESCOM/IMPSA arbitration clause inapplicable to non-party.
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28 May 2002 |
| March 2002 |
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A consent stay conditional on timely preparation of the appeal record may be discharged if the respondent misses the deadline.
Civil procedure – Consent order – Stay of execution conditional on timely preparation of appeal record and skeletal arguments – Appellant’s responsibility to prepare record – Failure to meet time condition discharges consent order – Extension should have been sought.
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11 March 2002 |
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The applicant's late, vague request for the respondent’s minute books was properly refused as a fishing expedition and delay tactic.
Company law — production and inspection of minute books; O.24 r.13(1) — necessity for production; best-evidence rule; fishing expedition; discretionary refusal of discovery; appellate restraint.
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7 March 2002 |