Results.
4 judgments found.
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| October 2010 |
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Leave to appeal out of time refused where proposed appeal lacked prospects and vehicle-damage claim had no evidential basis.
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Employment law — unlawful dismissal for polygamous marriage — distinction between criminal prohibition (s.5) and unfair dismissal remedies (s.58, s.63) — leave to appeal out of time—prospects of success—damages for employee's motor vehicle; remoteness and nexus.
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13 October 2010 |
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Whether a time‑limited ex‑parte injunction lapses without inter‑partes application, and whether affixation service under Order 10 r 4 is valid.
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Civil procedure — ex‑parte interlocutory injunction — effect of time‑limited ex‑parte orders and requirement to apply inter‑partes; equity (clean hands) not a substitute for procedural non‑compliance
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Service — Order 10 r 4 affixation to land is exceptional and requires prior court/Registrar authorisation; irregular service may be irregular but not necessarily nullifying (Order 2 r 1)
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Property — possession, trespass and propriety of prohibitory injunctions
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12 October 2010 |
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Appeal against compensation for unfair dismissal dismissed; appellate court will not disturb discretionary 15-month award absent perversity.
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Employment law — Unfair dismissal — Compensation under section 63 of the Employment Act — Judicial discretion in awarding compensation — Factors: immediate and future loss, mitigation, age, fitness, qualifications, and contributory conduct — Appellate restraint in disturbing discretionary awards.
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12 October 2010 |
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Extension of time to appeal refused for inordinate delay; change of counsel is not sufficient cause.
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Civil procedure — Extension of time to appeal — Application dismissed for inordinate delay (over one year); change of counsel/new advice not good cause; Order 1 r.4 SCA Rules; s.23 SCA Act; amendment applications reserved for full panel.
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8 October 2010 |