Results.
6 judgments found.
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| December 2009 |
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Death sentence upheld for premeditated, brutal murder; belief in witchcraft did not mitigate sentence.
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Criminal law — Murder — Sentencing discretion — Death penalty reserved for cases with strong aggravating features — Premeditation and brutality — Belief in witchcraft not a mitigating factor — Sentencing is the judge’s duty, not the jury’s.
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21 December 2009 |
| November 2009 |
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Court held overcrowded, poorly ventilated prisons violate prisoners' constitutional rights and ordered remedial measures.
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Constitutional Law
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Prisoners' Rights — Cruel, Inhuman or Degrading Treatment — Overcrowding and Poor Ventilation
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Judicial Review — Justiciability, Proper Parties and Time Limits — Enforcement of Prisoners' Rights
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Prison Regulations — Enforceability of Statutory Minimum Standards Despite Resource Constraints
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8 November 2009 |
| September 2009 |
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Whether s63(2) inquiry is required and appropriate compensation for early termination of a fixed-term employment contract.
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Employment law — unfair dismissal — remedies — s63(2) Employment Act inquiry is to prioritise remedies — pleadings bind parties — s63(4) grants wide discretion to award just and equitable compensation, including possible damages for unexpired fixed-term contracts.
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9 September 2009 |
| July 2009 |
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Appellate court may admit affidavit evidence; well-documented ownership claims prevail over inadequately supported matrimonial claims.
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Matrimonial property distribution; appellate admission of affidavit evidence under Order 59(10)(2); evidentiary weight of documentary exhibits; parties’ intention and contribution; application of Malinki v Malinki and Chibweya.
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21 July 2009 |
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Court held trial court must not amend pleadings sua sponte to convert a wrongful dismissal claim into unfair dismissal.
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Employment law — wrongful dismissal v. statutory unfair dismissal — common-law damages limited to notice pay — limits on court’s inherent power to amend pleadings sua sponte — duty of impartiality v. effective remedy.
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20 July 2009 |
| April 2009 |
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A stay pending appeal requires clear evidence that judgment repayment is impossible; government financial strain alone is insufficient.
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Civil procedure — Stay of execution pending appeal — Applicant must show good reason, typically a real prospect that judgment money will be irrecoverable — Bare assertions of debtor insolvency or governmental revenue shortfalls insufficient — Budgeted payments and loans do not, without evidence, justify depriving successful litigant of judgment funds.
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30 April 2009 |