Results.
7 judgments found.
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| August 1988 |
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31 August 1988 |
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29 August 1988 |
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Defendant held liable to pay contract shortfall; counterclaim for construction defects dismissed.
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Contract law — construction contract — implied term of reasonable time for completion; financier deductions and project shortfall; whether contractor waived right to payment; certification of completion; counterclaim for alleged defects — failure to notify and remedial works by third party.
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26 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 |