Results.
13 judgments found.
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| February 2023 |
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Table 6 collection charges are solicitor–client charges payable by the client, not recoverable from the debtor once proceedings commence.
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Legal practitioners' fees — Table 6 collection charges — solicitor-and-own-client charges on receipt of monies; not recoverable from judgment debtor after commencement of proceedings; pleading of costs; effect of Government Notices and Law Revision Orders.
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14 February 2023 |
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A settlement agreement constituting a final order bars interlocutory appeals; amendment motion was incompetent and appeal dismissed.
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Commercial procedure — settlement agreement — final order — interlocutory application — O.18 High Court (Commercial Division) Rules — s.21 Supreme Court of Appeal Act — res judicata — leave to amend pleadings — leave to appeal.
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14 February 2023 |
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Eyewitness and medical evidence established malice aforethought; convictions and 15‑year sentences were upheld.
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Criminal law — Murder — Malice aforethought (s.212 Penal Code) — Eyewitness reliability — Direct evidence — Post‑mortem medical evidence — Mob assault — Sentence review — Manifest excessiveness.
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14 February 2023 |
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Eyewitness and medical evidence proved murder with malice aforethought; convictions and 15-year sentences affirmed.
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Criminal law — Murder — Eyewitness credibility — Corroborating post-mortem evidence — Malice aforethought under Section 212 (knowledge or intention/probable consequence) — Joint participation in a prolonged assault — Sentence affirmed.
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14 February 2023 |
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Whether eyewitness evidence proved appellants’ malice aforethought in fatal mob assault; appeal dismissed.
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Criminal law — Murder — Malice aforethought under s.212 (knowledge of probable death/grievous harm or intention to commit felony) — Eyewitness credibility despite limited inconsistencies — Causation established by post-mortem — Sentence proportionality.
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14 February 2023 |
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Application for judicial review withdrawn as underlying interdict became moot; no order as to costs.
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Judicial review — withdrawal of application — mootness following dismissal of underlying criminal charges — injunction/interdict rendered nugatory — noting withdrawal — no order as to costs where counsel acted pro bono.
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13 February 2023 |
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Application for judicial review and injunction withdrawn as underlying charges were dropped; no order as to costs.
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Judicial review — leave and interlocutory injunction rendered moot by dismissal of underlying criminal charges — withdrawal of application — costs where parties act pro bono.
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13 February 2023 |
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Court compelled issuance and settlement of appeal record, set strict timelines, lifted stay, and penalized appellants' inactivity.
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Civil procedure — dismissal for want of prosecution; duty to settle the record and file skeleton arguments (Practice Direction No.1/2010); stays of execution do not excuse prosecution delays; court may compel Registrar to issue documents and set timelines; costs awarded for non-compliance.
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8 February 2023 |
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A single-judge court will not vary a preservation order where the same issue is the subject of a pending appeal; follow Order 1 Rule 18.
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Financial Crimes Act — preservation orders — variation of preservation orders; Appellate procedure — Order 1 Rule 18 — concurrent jurisdiction; Single-judge powers — stay and variation pending appeal; Procedural impropriety — circumventing appeal process.
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8 February 2023 |
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Supreme Court lacks jurisdiction to vary Financial Crimes Act Preservation Orders; application dismissed with costs.
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Financial Crimes Act — Preservation Orders — Section 71 — Variation/rescission powers vested in the court that made the order (High Court) — No concurrent jurisdiction in Supreme Court of Appeal — Order 1 Rule 18 inapplicable — Single-judge intervention inappropriate where appeal pending.
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8 February 2023 |
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Applicant prematurely sought leave to appeal to the Supreme Court without first applying to the High Court; application dismissed.
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Civil procedure — Leave to appeal — Order 1 Rule 18 SCA Rules — Application must first be made to court below — Premature application while assessment ruling pending — Default judgment proceedings.
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8 February 2023 |
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8 February 2023 |
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Failure to timely file required skeletal arguments justified vacatur of a stay of execution pending appeal; SCA had jurisdiction under Order III r.19.
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Appeal procedure; Order III r.19 — jurisdiction of SCA after an appeal is entered; Practice Direction No.1 of 2010 — filing skeletal arguments; failure to prosecute appeal; vacatur of stay of execution; costs awarded to respondent.
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7 February 2023 |