Results.
375 judgments found.
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| May 1989 |
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12 May 1989 |
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Employer liable where employees’ charging of the appellant induced six-day police detention; aggravated damages and High Court costs awarded.
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Torts — False imprisonment — Distinction between giving information and making a charge to police — Employer liability for employees who proffer a charge — Aggravated damages for mala fide conduct — Costs: High Court scale where action substantial.
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12 May 1989 |
| April 1989 |
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Application for extension of time to appeal dismissed: six‑month unexplained delay and inadequate affidavit failed statutory requirements.
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Appeal—extension of time—section 23(2) Supreme Court of Appeal Act—Order 3 r.4—requirement of good and substantial reasons and prima facie meritorious grounds—inordinate six‑month delay—application dismissed with costs.
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21 April 1989 |
| March 1989 |
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Appellant's challenge to surety liability fails: refund to contractor was a forbearance within a single-transaction guarantee.
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Suretyship — construction of bond — contract of guarantee (not insurance) — single-transaction guarantee — refund/clawback as adjustment of original advance — scope of forbearance/forgiveness in bond — surety liability up to bond amount.
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20 March 1989 |
| February 1989 |
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14 February 1989 |
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14 February 1989 |
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14 February 1989 |
| November 1988 |
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28 November 1988 |
| October 1988 |
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A receiver's letter lifted receivership and directors/shareholders may sue unless appointment instrument expressly strips that power.
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Company law — Receivership — Effect of receiver’s letter — Whether receivership was terminated; Locus standi — Directors/shareholders’ right to sue despite out-of-court receiver; Receiver appointed out of court — powers depend on instrument of appointment; application of M'dinde Estate precedent.
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28 October 1988 |
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Applicant failed to satisfy a consent-order condition to the respondent's satisfaction; injunction dismissed as frivolous and intended to delay.
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Civil procedure — interlocutory injunction — compliance with consent order requiring evidence "to the satisfaction" of defendant; bank statements and funding assurances; reasonableness of irrevocable bank instructions; frivolous and vexatious applications; discretion to refuse interlocutory relief.
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13 October 1988 |
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Validity of Courts Act amendment of sheriff's fees and prohibiting ordering sheriff to pay costs absent bad faith.
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Courts Act s32(2) — Courts Act (Schedule)(Replacement) Notice 1977 — Sheriffs Act ss47–48 — General Interpretation Act s21(a) (deeming of subsidiary legislation) — validity of amendment to sheriff's fees — sheriff's liability for costs under Sheriffs Act s45 (requires bad faith).
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3 October 1988 |
| September 1988 |
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Interlocutory injunction dissolved where no clear contract existed, status quo not preserved and applicant lacked clean hands.
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Civil procedure — interlocutory injunction; preservation of status quo; adequacy of damages; equitable relief and clean hands; existence of contract; appellate review of discretionary injunction.
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29 September 1988 |
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A company under out-of-court receivership may sue in its own name unless the debenture expressly divests that power.
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Companies law — Receivership — Out-of-court appointment of Receiver/Manager — Construction of debenture determines receiver’s powers — Right of company to sue in its own name unless debenture divests that power — Locus standi — Receiver/Manager or his solicitors not entitled to represent company if not a party.
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8 September 1988 |
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Appellant failed to prove wrongful withholding of pension funds; Liquor Act illegality and missing pension rules defeated the claim.
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Pension funds — money had and received — need for proof of receipt and authority; Liquor Act s.76(2) bars actions on debts incurred contrary to statute; non‑production of pension scheme rules fatal to claim; creditor’s right to set off admitted indebtedness against pension proceeds.
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5 September 1988 |
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Only one instruction and one brief fee are payable per action; refresher fees are at the taxing master’s discretion.
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Taxation of costs — instruction fee — brief fee — counterclaim — only one allowance per action (Order 62/A2/22, 62/A2/23) — refresher fees discretionary (Order 62/A2/50) — no two‑thirds rule.
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5 September 1988 |
| August 1988 |
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The respondent's instalment order was set aside; the applicant entitled to sale under the Sheriff's Act for lack of formal application and special circumstances.
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Sheriff's Act (Part IV) — sections 33, 34, 35 — execution against land — power to direct inquiries into debtor's interest — sale vs instalments — requirement for formal application and evidence — stay of sale only after order for sale and claim by interested party.
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25 August 1988 |
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On the respondent's death, counsel's authority terminated and counsel cannot claim costs for post‑death work absent estate continuation.
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Civil procedure — Death of a party — Section 10(1) Statute Law (Miscellaneous) Act Cap 5:01 — Causes of action survive death except defamation; Solicitor/Counsel authority terminates on client’s death; costs not recoverable for work done post‑death unless personal representatives continue the action (Pool v Pool).
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19 August 1988 |
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Adultery may be inferred from intimate correspondence and circumstantial evidence; decree nisi and custody awarded to petitioner.
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Family law — Divorce — Adultery — Proof by circumstantial evidence and correspondence — Intimate letters and frequent absences can justify inference of adultery; decree nisi and custody awarded; costs against respondent and co-respondents.
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19 August 1988 |
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Court held appeal against Registrar's ruling timely; weekends excluded and seven-day rule for appeal to Judge in Chambers applied.
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Civil procedure — computation of time for filing appeals — exclusion of Saturdays and Sundays — appeal from Registrar to Judge in Chambers — Rule 3 High Court (Exercise of Jurisdiction of Registrar) Rules 1975 — seven-day appeal period.
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8 August 1988 |
| July 1988 |
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Identification and circumstantial evidence sustained a robbery-with-violence conviction; absence of medical report or weapon did not vitiate conviction; sentence upheld.
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Criminal law — Robbery with violence — Sufficiency of identification and circumstantial evidence — Necessity of medical report or recovery of weapon — Sentencing: seriousness of assault justifying heavy custodial term.
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21 July 1988 |
| April 1988 |
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14 April 1988 |
| September 1986 |
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22 September 1986 |
| February 1986 |
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12 February 1986 |
| November 1981 |
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An insurance broker is the insured's agent, not the insurer's; third-party notice set aside and parties bear their own costs.
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Agency — Insurance broker — Whether broker is agent of insurer or insured — Broker is agent of insured; third-party notice set aside — Costs: each party to pay own where successful point not raised below.
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3 November 1981 |
| March 1979 |
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Child welfare outweighs parental immorality; appeal allowed and custody awarded to the mother.
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Children law — custody — welfare of the child paramount; parental morality and cohabitation not determinative; abandonment; appellate interference with discretion.
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30 March 1979 |