Results.
378 judgments found.
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| July 2010 |
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Appeals against costs-only orders require leave; appeals improperly brought and lacking leave were dismissed for want of jurisdiction.
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Civil procedure — Appeal against costs-only order — Leave required from court below — Scherer principle where judge failed to exercise judicial discretion; Procedural competence — challenging earlier jurisdictional directions must be appealed within time or by leave.
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27 July 2010 |
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A subsequent challenge to a sale under a charge was barred by res judicata; fraud or absence do not justify fresh proceedings.
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Civil procedure — res judicata (cause of action estoppel) — same parties, same issue, same subject matter — new facts/fraud must be raised by setting aside or appeal — absent party with filed defence and skeleton arguments does not necessarily render judgment a default.
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8 July 2010 |
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An absent party should ordinarily apply to the trial court to set aside a default judgment; Court of Appeal may only in exceptional cases hear a direct appeal.
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Civil procedure — Default judgment — Order 35 r.2(1) — Application to set aside judgment — Preferred procedure is application to trial court (preferably trial judge) — Court of Appeal’s discretion to hear direct appeal in appropriate cases — Direct appeal inappropriate where vital evidence not before trial court.
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1 July 2010 |
| 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 |
| April 2010 |
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The applicant’s request for a stay pending appeal was refused for lack of compelling reasons; High Court orders compel lawful reconsideration, not automatic licence renewal.
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Civil procedure — Stay of execution — Exceptional relief requiring compelling reasons to prevent irreparable harm; Administrative law — Judicial review — Quashing of licence refusals for Wednesbury unreasonableness; Remedy — Orders requiring lawful reconsideration, not automatic licence renewals.
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28 April 2010 |
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Restriction and seizure under anti-corruption law may be justified to preserve assets, but authorities must prosecute promptly.
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Corrupt Practices Act s.23 — Restriction notices and renewals; s.23A seizure orders; evidential burden on applicant to show lawful acquisition; protective purpose of restraint and seizure; constitutional protection against arbitrary deprivation; duty to prosecute expeditiously.
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26 April 2010 |
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A 13‑month delay in filing notice of appeal is inordinate; stay of execution cannot be granted absent a pending appeal.
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Civil procedure — extension/enlargement of time to appeal — Order III rule 4 — must show good and substantial reasons and prima facie grounds; inordinate delay (13 months) fatal. Civil procedure — stay of execution — requires an appeal pending; stay improper where leave to appeal out of time has been refused
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Property — bona fide purchaser and non‑dissipation — freezing/seizure unjustified
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25 April 2010 |
| January 2010 |
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Risk of irrevocable loss of sole residence justified a stay of execution pending appeal due to special circumstances.
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Civil procedure — Stay of execution pending appeal — Special circumstances required — Risk of appeal being rendered nugatory — Specific performance and mortgage over sole residence — Backdated/onerous mortgage terms — Inhibition order — Costs in the cause
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19 January 2010 |
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Unretracted caution statements and witness evidence sufficiently supported the jury's murder convictions; appeal dismissed.
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Criminal law — murder — weight of evidence — jury verdict — unchallenged/retracted caution statements — accused's silence — appellate interference — sufficiency of evidence (Kafwambila principle).
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13 January 2010 |
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Minister’s abuse of office conviction for bypassing procurement procedures upheld; finding of personal gain set aside and sentences reduced.
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Criminal law — Abuse of office (s.95 Penal Code) — Minister as public officer — Procurement procedures — Letter of intent treated as binding — No evidence of personal gain — Sentencing: maximum penalty excessive, reduction of sentence.
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13 January 2010 |
| December 2009 |
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Death sentence upheld for premeditated, brutal murder; belief in witchcraft did not mitigate sentence.
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Criminal law — Murder — Sentencing discretion — Death penalty reserved for cases with strong aggravating features — Premeditation and brutality — Belief in witchcraft not a mitigating factor — Sentencing is the judge’s duty, not the jury’s.
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21 December 2009 |
| November 2009 |
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Court held overcrowded, poorly ventilated prisons violate prisoners' constitutional rights and ordered remedial measures.
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Constitutional Law
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Prisoners' Rights — Cruel, Inhuman or Degrading Treatment — Overcrowding and Poor Ventilation
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Judicial Review — Justiciability, Proper Parties and Time Limits — Enforcement of Prisoners' Rights
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Prison Regulations — Enforceability of Statutory Minimum Standards Despite Resource Constraints
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8 November 2009 |
| September 2009 |
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Whether s63(2) inquiry is required and appropriate compensation for early termination of a fixed-term employment contract.
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Employment law — unfair dismissal — remedies — s63(2) Employment Act inquiry is to prioritise remedies — pleadings bind parties — s63(4) grants wide discretion to award just and equitable compensation, including possible damages for unexpired fixed-term contracts.
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9 September 2009 |
| July 2009 |
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Appellate court may admit affidavit evidence; well-documented ownership claims prevail over inadequately supported matrimonial claims.
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Matrimonial property distribution; appellate admission of affidavit evidence under Order 59(10)(2); evidentiary weight of documentary exhibits; parties’ intention and contribution; application of Malinki v Malinki and Chibweya.
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21 July 2009 |
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Court held trial court must not amend pleadings sua sponte to convert a wrongful dismissal claim into unfair dismissal.
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Employment law — wrongful dismissal v. statutory unfair dismissal — common-law damages limited to notice pay — limits on court’s inherent power to amend pleadings sua sponte — duty of impartiality v. effective remedy.
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20 July 2009 |
| April 2009 |
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A stay pending appeal requires clear evidence that judgment repayment is impossible; government financial strain alone is insufficient.
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Civil procedure — Stay of execution pending appeal — Applicant must show good reason, typically a real prospect that judgment money will be irrecoverable — Bare assertions of debtor insolvency or governmental revenue shortfalls insufficient — Budgeted payments and loans do not, without evidence, justify depriving successful litigant of judgment funds.
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30 April 2009 |
| November 2008 |
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Court held parties agreed only to grant use of the mining licence, not its transfer; plaintiffs' claim dismissed, counterclaim granted.
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Mines and Minerals — mining licence: 'use' v transfer; contract interpretation — objective approach and surrounding background; agency — licence-holder may use agents (s.43); royalties — contractual obligation and counterclaim; plaintiffs failed to prove breach or loss.
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3 November 2008 |
| July 2008 |
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Appeal allowed: custodial sentences for unlawful charcoal burning substituted with fines where no assessed damage and offenders not hardened.
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Criminal Law
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Forestry offences — Destroying indigenous trees by making charcoal without licence — Sentencing discretion and proportionality
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Sentencing — Consideration of first‑offender status and absence of assessed damage value — Custodial sentence versus fine
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13 July 2008 |
| May 2008 |
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Court held residence is not an absolute bar to inter‑country adoption; best interests and informed consent are paramount.
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Family Law — Adoption — Inter‑country adoption and statutory residence requirement — Whether s 3(5) bars adoption by non‑residents; best interests of the child and CRC/ACHPR obligations
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27 May 2008 |
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Court allowed inter‑country adoption despite non‑residence, prioritising the infant's best interests and international obligations.
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Family Law —
Adoption
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Inter‑country adoption — Whether residence requirement in s.3(5) is absolute or subordinate to the best interests of the child — Adoption of Children Act s.3(5)
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Child welfare principle — Paramountcy of the best interests of the child and requirement to interpret domestic law in conformity with CRC and ACHPR — Constitution ss.11,30,211
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Safeguards in inter‑country adoption — Informed consent, social welfare reports and last‑resort principle — Adoption of Children Act s.4
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27 May 2008 |
| April 2008 |
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A stay will be refused unless the applicant proves the judgment debt would be irrecoverable; purchaser liable after sale.
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Stay of execution — test for grant: good reason required; applicant must show judgment debt would be irrecoverable — courts avoid depriving successful litigant — sale as going concern transfers assets and liabilities — purchaser liable for judgment debt — refusal to stay pending appeal.
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15 April 2008 |
| December 2007 |
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Government may excavate for irrigation on customary land; surface rights remain and compensation is payable for damage.
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Land Law — Customary Land — Extent of Rights (Surface Use Only) — Land Act s26
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Property/Development — Infrastructure on Customary Land — Authority To Excavate And Lay Pipes — Duty To Refill And Compensate
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2 December 2007 |
| October 2007 |
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Whether 'wages' include allowances — court held they do and awarded recalculated compensation to the respondent.
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Employment Law
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Wages and Remuneration — Whether 'wages', 'pay' and 'salary' include allowances and benefits — Construction of Employment Act s3
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Compensation for Unfair Dismissal — Calculation period for awards under s63(5) — Awards limited to years actually served
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15 October 2007 |
| July 2007 |
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The mandatory death sentence for murder infringes dignity, fair trial and access to courts; section 210 is therefore invalid.
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Constitutional law — Mandatory death penalty — Section 210 Penal Code — Violates right to human dignity and prohibition of inhuman or degrading punishment (s.19) — Denies access to court for final determination (s.41(2)) — Denies fair trial by preventing sentencing discretion (s.42(2)(f)) — Sentencing is part of trial — s.210 declared invalid to that extent.
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19 July 2007 |
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Fraudulent insurance claim justified summary dismissal; procedural irregularity did not make dismissal unfair.
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Employment Law
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Discipline and Dismissal — Fraudulent submission of compensation claim as serious misconduct — Employment Act ss 57, 59, 61
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Procedural Fairness — Presence of employer’s representative during deliberations — Effect where evidence of misconduct is overwhelming
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18 July 2007 |
| June 2007 |
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Court: constitutional provisions cannot be judicially invalidated; section 65(1) valid; independents unaffected; conduct governs ministerial cases.
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Constitutional law — jurisdiction to invalidate constitutional provisions — anti‑defection (section 65(1)) — compatibility with rights to association, conscience, expression and political participation — independents unaffected — party‑elected MPs who resign and join another party cross the floor — ministerial appointment not per se defection.
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14 June 2007 |
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Courts cannot invalidate constitutional provisions; section 65(1) is valid, independents do not automatically cross the floor, ministerial appointment alone is not automatic crossing.
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Constitutional Law — Judicial Review — Whether courts may invalidate provisions of the Constitution or only review laws and executive acts for conformity
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14 June 2007 |
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A confession can sustain a murder conviction if materially true and corroborated; confessions are not admissible against non-adopting co-accused.
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Criminal law — Confession evidence — Confession admissible against co-accused only if adopted — Confession may sustain conviction if court satisfied beyond reasonable doubt of its material truth and supported by independent corroboration — Right to silence and effect of prior alibi statements.
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14 June 2007 |
| May 2007 |
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Whether a photocopied certificate and formal charge defects can be cured and sustain conviction when prosecution proves falsity and mens rea.
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Criminal law — Uttering false document; giving false information to public officer — Admissibility of secondary evidence (photocopy) under Rules 3(5) and 4 — CP&EC ss.3 and 5 cure formal defects — Right to silence and consequences — Appellate jurisdiction under s.11(3).
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11 May 2007 |
| February 2007 |
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The National Assembly determines judges’ pay under s114; the Executive must implement that determination; courts will not probe internal parliamentary procedure.
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Constitutional Law — Judicial Independence — Determination of judicial remuneration by National Assembly under s114(1) — Scope and effect of s114(2)
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Parliamentary Privilege — Internal proceedings and Standing Orders — Non-justiciability of parliamentary procedure absent constitutional conflict
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Public Finance — Budgetary provisions and Minister of Finance — Duty to implement valid National Assembly determinations
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8 February 2007 |
| January 2007 |
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An employer’s request to stay and reconcile missing cash was reasonably justified and not false imprisonment; police detention was State responsibility.
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Tort —
False imprisonment
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Employer’s instruction to remain at work to reconcile cash shortage — Reasonable justification
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Liability for police arrest and detention — Distinction between instigating arrest and merely providing information — Section 42(2)(b) (48‑hour rule)
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4 January 2007 |
| December 2006 |
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Court dismisses bank's appeal, finding employee not party to fraud and dismissal unfair; damages upheld.
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Employment law — unfair dismissal; factual findings on bank procedures and manager's duties final under s65 Labour Relations Act; absence of mens rea precludes dismissal for fraud; statutory awards (12 weeks, severance, s63(4) compensation) upheld.
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19 December 2006 |
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Refusal to renew a genuine fixed-term contract does not constitute unfair dismissal under the Employment Act.
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11 December 2006 |
| October 2006 |
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An insurer not party to proceedings cannot appear or be subrogated without first indemnifying the insured.
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Civil Procedure
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Appeals from Registrar — Re‑hearing under Order 58 — Issues may be raised afresh on appeal
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Representation — Non‑party insurer’s right of audience — Insurance policy clause insufficient to confer right to appear; party status required
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Insurance Law — Subrogation — Requirement of indemnity — Insurer not subrogated where it has not paid the insured
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31 October 2006 |
| May 2006 |
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Section 71 permits sale by private treaty or auction; reserve-price approval required only for auctions, remedy for irregularity is damages.
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Registered Land Act s.71 — construction of 'shall' and 'may'; permissive sale by private treaty or public auction; reserve price required only for auctions; duty to act in good faith; remedy for irregular exercise = damages (s.71(3)); injunctions ordinarily not available.
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12 May 2006 |
| November 2005 |
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Murder suspects need not prove exceptional circumstances for pre‑trial bail; the State must show interests of justice.
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Constitutional Law — Bail — Burden of proof under s.42(2)(e) — State must show that the interests of justice require detention
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Criminal Procedure
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Murder suspects — Exceptional circumstances — Not required for pre‑conviction bail; applicable post‑conviction only
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Bail refusal — Requirement to state clear reasons — Lower courts must articulate grounds for refusal
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15 November 2005 |
| August 2005 |
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31 August 2005 |
| April 2005 |
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Petitioner must prove electoral irregularities affected the result; use of an official vehicle and unsigned forms did not vitiate the election.
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Electoral law — section 100 PPEA — timeliness of petition; no affidavit or prior MEC complaint required; Standard for nullifying elections — petitioner must prove irregularity affected result; Use of public/official resources — lawful use by incumbent Deputy Speaker post‑dissolution not proved to affect result; Verification of voters’ roll — insufficient evidence; Result-of-count forms and signatures — court should rely on primary evidence and not decide issues not pleaded.
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11 April 2005 |
| March 2005 |
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Bank's revocation of irrevocable undertaking was grossly negligent; applicant awarded US$40,875 lost profits, costs halved.
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Contract law — irrevocable letters of undertaking — bank liability — revocation as breach — gross negligence/wilful misconduct — limitation clause inoperative — damages for loss of profits.
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29 March 2005 |
| February 2005 |
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Acceptance by conduct and payment of agreed sums extinguished further assessment and revived claims, including interest and costs.
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Civil procedure — settlement by correspondence and conduct — acceptance by payment — whether out‑of‑court payment extinguishes further assessment of damages, interest and costs
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15 February 2005 |
| August 2004 |
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Delay after an ex parte interim order and genuine disputes over title made mandatory interlocutory relief inappropriate.
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Interlocutory injunctions — ex parte interim relief and subsequent delay — mandatory interlocutory injunctions exercised with caution — balance of convenience — competing title/regularization disputes — adequacy of damages.
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23 August 2004 |
| July 2004 |
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12 July 2004 |
| May 2004 |
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An electoral commission abdicated its constitutional duty by referring misuse-of-public-resources complaints instead of investigating them, while an unpleaded ballot-paper order was quashed.
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Constitutional and electoral law — electoral commission’s duty to investigate complaints — misuse of public resources — limits of originating summons — reliefs must be pleaded — court’s practical competence to order custody of ballot papers
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17 May 2004 |
| April 2004 |
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An NGO lacked locus standi; courts require a 'sufficient interest' for public-interest judicial review.
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Constitutional law; locus standi—'sufficient interest' test; judicial review (Order 53 r.3(7)); limits on public-interest/NGO standing; interpretation of s.46(2) vis-à-vis ss.15 and 41(3)
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7 April 2004 |
| January 2004 |
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Customary land rights are constitutionally protected; eviction requires statutory expropriation procedures and compensation; injunction granted.
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Customary land — constitutional protection of property rights — expropriation requires public utility, notice and compensation — Land Act and Land Acquisition Act procedural compliance — Environment Management Act grants locus standi to 'any person' — injunction to prevent environmental degradation
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10 January 2004 |
| December 2003 |
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Disobedience of an injunction is civil contempt and does not disqualify an MP under s51(2)(c) absent a criminal conviction.
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Contempt of court — civil contempt v criminal contempt — disobedience of injunction — qualification for Parliament under s51(2)(c) — moral turpitude and dishonesty — common law approach where no statutory contempt regime exists
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22 December 2003 |