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Citation
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Judgment date
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| October 2022 |
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Applicant failed to show exceptional circumstances for bail pending appeal based on alleged conflicting authorities on licence burden.
Bail pending appeal – exceptional circumstances required – applicant must show likelihood of success on appeal.
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26 October 2022 |
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Court refused stay pending appeal, holding the appeal interlocutory and case-management matters belong to the trial court.
Civil procedure — Stay pending appeal — Interlocutory (inchoate) appeals — Case management and discretionary powers of trial court — Amendments after trial — Reluctance of appellate court to interfere.
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26 October 2022 |
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Whether dismissal for alleged intoxication at work was substantively and procedurally fair under section 57 of the Employment Act.
Employment law – unfair dismissal – section 57 (valid reason and substantive fairness) – disciplinary procedure – disciplinary hearings not courts – availability of accusers for cross‑examination only on request – employer’s duty to give reasons arises during disciplinary proceedings – trial may proceed in absence of a party – forum jurisdiction and costs.
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13 October 2022 |
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Dismissal for alleged drunkenness upheld; disciplinary process found substantively and procedurally fair; appeal dismissed, costs awarded.
Employment law – unfair dismissal – disciplinary hearing – consuming alcohol on duty – substantive and procedural fairness – section 57 and section 62 Employment Act – right to cross-examine accusers – court proceeding in absentia.
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13 October 2022 |
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Failure to attend court-ordered mediation justified dismissal; appellate interference requires proof of abuse of discretion.
Civil procedure — Mediation — Order 13 r.6 of the Courts (High Court) (Civil Procedure) Rules 2017 — Dismissal for failure to attend mediation — Judicial discretion in case management — Appellate interference only for abuse of discretion; appellate grounds must comply with Order 111 r.2.
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6 October 2022 |