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Citation
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Judgment date
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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.
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.
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.
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.
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.
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 |