Results.
5 judgments found.
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| June 2010 |
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Respondent granted leave to amend notice; appellant's murder appeal dismissed—provocation failed and death sentence upheld.
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Civil procedure — amendment of respondent’s notice to affirm and vary — Order III r 13(1) — test for leave to amend: issues not on pleadings, absence of supporting evidence, or prejudice — pleadings and lower court findings relevant. Criminal law — murder — partial defence of provocation — sufficiency of evidence and jury direction; sentencing — discretion in imposing death and aggravating conduct warranting capital sentence
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30 June 2010 |
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A bona fide purchaser who acquired registered land under court authorisation is protected from seizure absent evidence of dissipation.
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Property law — Registered land — Proprietor's rights after court‑authorised sale — Protection under s.25 Registered Land Act; seizure and freezing orders — requirement of evidence of dissipation; ex parte applications — duty to disclose material facts; delay and prejudice to bona fide purchaser.
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30 June 2010 |
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Whether provocation or mitigation justified overturning the applicant's murder conviction or avoiding the death sentence.
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Criminal law — Murder — Partial defence of provocation — Whether evidence supported provocation and adequacy of jury directions; Sentencing — Death penalty — Mandatory death sentences unconstitutional; sentencing discretion required but death appropriate where conduct is particularly aggravated.
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30 June 2010 |
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Appellant lacked locus standi and failed to prove Estate ownership; respondents in possession entitled to succeed on trespass counterclaim.
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Property law — possession and trespass — determination of superior possession as basis for title dispute; Company/contract law — interpretation of purchaser in Asset Sale and Purchase Agreement ("Mulli Brothers" v. alleged subsidiary) and effect on locus standi; Evidence — weight of administrative determinations (District Commissioner) and absence of title deeds; Counterclaim — trespass and damages sustained by occupants.
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23 June 2010 |
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Application for stay of execution dismissed; recognition of a validly elected Leader would not render the appeal nugatory.
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Civil procedure — Stay of execution pending appeal — Preliminary procedural objections — Clean hands doctrine — Whether appeal rendered nugatory by recognition of a validly elected Leader of the Opposition under Standing Order 3(3).
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10 June 2010 |