Results.
68 judgments found.
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| December 1994 |
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High Court lacks jurisdiction to grant parental responsibility orders over an infant not resident in Malawi.
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Jurisdiction — High Court guardianship powers under s11(a)(i) Courts Act — residence requirement; Constitutional provision s23(3) does not confer in rem jurisdiction; infant not resident in Malawi — application dismissed.
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20 December 1994 |
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Damages awarded for pain, disfigurement and loss of amenities; no loss-of-earnings award for lack of causal link.
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Personal injury — assessment of damages — pain and suffering, disfigurement, loss of amenities — causation for loss of earnings — weight to medical disability report where clinical recovery progressed.
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14 December 1994 |
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Court ordered security for costs against foreign-resident plaintiff after balancing success likelihood and enforceability concerns.
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Civil procedure — Security for costs (Order 23 Rule 1) — Foreign plaintiff — Residence abroad not per se ground for security — Court’s discretion to consider likelihood of success and practicability of enforcement — Order for K10,000 or bond ordered.
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14 December 1994 |
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Remand on bail ended the detention period; plaintiff awarded K30,00 and costs for false imprisonment.
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False imprisonment — assessment of quantum — period of detention ends when remanded on bail — damages for loss of liberty are at large and assessed on multiple factors — prior awards illustrative only.
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13 December 1994 |
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Court appointed receiver under s25 where unchallenged allegations showed real danger property would be wasted.
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Wills and Inheritance Act s25 — appointment of receiver pending letters of administration — requirement to show danger of waste — unchallenged affidavit evidence — receiver not substitute for administrator.
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2 December 1994 |
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Interlocutory injunction refused where granting it would grant substantive relief and cause injustice to the occupying respondent.
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Interlocutory injunctions — equitable remedy — caution against granting substantive relief before trial — occupation prior to lease — potential prejudice to occupier's rights against third party (city council).
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1 December 1994 |
| November 1994 |
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Ex parte garnishee relief denied where funds were conditional deposit-on-sale, not a demonstrable present debt.
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Garnishee proceedings — ex parte application — requirement to show garnishee indebted to judgment debtor — conditional deposit-on-sale not equivalent to present debt — applicant’s failure to address material issue fatal to relief.
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23 November 1994 |
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Court found recurring trespass from neighbouring construction, awarded repair and use damages, survey costs, injunction and costs.
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Property law — Trespass to land by neighbouring construction — Damage to hedge and obscured boundary beacons — Measure of damages: repair/reinstatement costs, diminution in value, compensation for use (wayleave) — Aggravated damages for persistent trespass and disobedience of injunction — Entitlement to surveyor costs to re-locate beacons — Granting of injunction and costs.
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15 November 1994 |
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Plaintiff's dependency award reduced for seasonal, expense-heavy produce trade; court awarded K72,000.
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Damages — Loss of dependency — Assessment of earnings for a seasonal produce buyer-reseller — Use of death certificate for multiplier — Deductions for business expenses, tax and personal consumption.
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8 November 1994 |
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The plaintiff's false-imprisonment claim failed, but summary dismissal over minor shortages was unlawful and damages were awarded.
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Employment law — Unlawful summary dismissal — minor shortages and small-value goods insufficient for summary dismissal; False imprisonment — liability depends on whether employer made a charge or merely provided information to police; Remedies — pay in lieu of notice, accrued leave, pension contributions, costs.
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3 November 1994 |
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Plaintiff’s claims were statute-barred and unsupported; defendant’s counterclaim failed for lack of proof of computation of indebtedness.
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Limitation of actions — accrual date for claims arising from farmer’s stop order and company incorporation; sufficiency of evidence for monetary claim; burden to prove computation of indebtedness; guarantees, undue influence and bank’s duty to advise independent legal advice (Barclays Bank v C’Brien).
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3 November 1994 |
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Court compelled respondent to execute a prior share-sale order, ordered valuations and disclosures, and condemned respondent to costs.
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Companies law — specific performance/compulsory compliance with prior judgment; valuation of company property and shares; disclosure of company financial records and tenant rents; effect of appeal on stay of execution; costs awarded.
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1 November 1994 |
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Whether a seizure clause refers to failure to pay any instalment or the whole balance determines legality of early seizure; ambiguous clauses construed against the drafter.
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Sale of goods — agreement to sell with reservation of property — construction of seizure clause "If he fails to pay" — contra proferentem — premature seizure before final payment date — rescission of reservation term and treatment as debt.
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1 November 1994 |
| October 1994 |
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Court affirms 18-month sentence for bicycle theft, stressing guilty plea and voluntary restitution as key mitigators.
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Criminal law — Theft — Sentencing — Mitigation: guilty plea, voluntary restitution, and family obligations; plea change diminishes mitigation; sentence affirmed.
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27 October 1994 |
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A sick teacher entitled to medical retirement, arrears and benefits despite procedural notice not produced but inferred.
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25 October 1994 |
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24 October 1994 |
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Conviction for theft by a public servant quashed due to insufficient evidence and lack of proper stock/accounting.
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Criminal law — theft by public servant — failure to account — insufficiency of evidence — lack of stock records and alternative access to store-room — conviction quashed on review.
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20 October 1994 |
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Court set aside Registrar’s refusal and ordered K10,000 security where plaintiff was foreign-based with no local assets, balancing merits and enforceability.
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Civil procedure — security for costs — Order 23 — Discretionary nature of order — Residence abroad not per se ground for security — Considerations: plaintiff’s prospects of success and practicability of enforcing costs against foreign or asset-less plaintiff — Evidence required on ownership and material facts.
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14 October 1994 |
| September 1994 |
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Judgment entered on admission for the admitted principal debt; affidavit omission irregular but not fatal; interest not admitted.
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Civil procedure — Judgment on admission (Order 27) — admissions by letter — irregularity for failure to file affidavit — admission of principal debt but not of claimed interest.
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19 September 1994 |
| August 1994 |
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No binding contract existed because the seller’s acceptance was conditional on receipt/approval of the buyer’s cheque/loan.
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Contract law — offer and acceptance — conditional acceptance — completion of loan application forms not unconditional acceptance — no binding sale — sale to cash buyer lawful where seller reserved rights.
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26 August 1994 |
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No binding contract where seller's acceptance was conditional on prompt cheque/loan approval; claim dismissed.
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Contract formation — offer and acceptance — conditional acceptance reserved by seller — completion of loan application forms not unconditional acceptance; no contract, no breach.
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26 August 1994 |
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Claims for false imprisonment, malicious prosecution and salary arrears dismissed where reasonable grounds existed and no malice was proven.
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False imprisonment — police decision to arrest — role of informant; Malicious prosecution — requirement of absence of reasonable and probable cause and malice; Payroll discrepancies — evidence of false names and cancelled entries; Employer/employee liability for provision of information to police; Claim for salary arrears — insufficiency of evidence and summary dismissal.
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26 August 1994 |
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Whether invoice terms formed part of the contract and whether 2% interest was payable on overdue accounts.
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Contract law — incorporation of invoice terms — interpretation of order and invoice as whole — invoiced payment terms — interest on overdue accounts (2%) — costs: each party to bear own costs.
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18 August 1994 |
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False imprisonment aggravated by custodial sexual assault and denial of food/visits resulted in K35,000 compensatory damages.
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False imprisonment — assessment of general damages — damages at large — custodial sexual assault and denial of food/visits as aggravating factors — prison authority awareness — exemplary damages not awarded where not pleaded — award K35,000 for 17 days detention.
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9 August 1994 |
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Compensatory damages for false imprisonment increased by assault, sexual abuse, and denial of food and visits; exemplary damages not pleaded.
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False imprisonment — assessment of damages — compensatory damages discretionary and "at large" — aggravating factors: assault, sexual abuse in custody, denial of food and visits — exemplary damages require specific pleading — prison authority knowledge of abuse relevant to quantum.
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9 August 1994 |
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Enlarged time granted; arbitrator’s refusal to give reasons not misconduct; costs award upheld despite equal-costs contract clause.
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Arbitration — review of award — limitation and enlargement of time — arbitrator’s refusal to give reasons — costs awarded despite contract clause — Arbitration Act confers discretion and voids contractual ouster of costs rule.
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5 August 1994 |
| July 1994 |
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A public servant who cannot account for cash exhibits is presumed to have stolen them unless the presumption is rebutted.
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Criminal law — Theft by public servant — Section 283(1) presumption where public officer fails to account — ownership of cash exhibits — damaged-safe defence — auditors' documentary corrections — mandatory minimum sentence.
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22 July 1994 |
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Plaintiff's discontinuance after recovering debt upheld; third-party proceedings set aside for abandonment and costs awarded to plaintiff.
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Civil procedure — discontinuance after realisation of security — costs discretion; third party proceedings set aside for failure to prosecute (abandonment); counterclaim vulnerable to res judicata/statute-bar.
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11 July 1994 |
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Employees lacked standing; sale process lawful and private purchaser not subject to judicial review.
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Judicial review — scope and limits — purchaser not a public body — standing/sufficient interest of employees — legitimate expectation and natural justice — irrationality/ultra vires — company law: directors as agents of sole shareholder; sale of state‑owned undertaking.
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4 July 1994 |
| June 1994 |
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Appeal against theft conviction upheld; sentencing disparity and prior convictions considered, sentence described as somewhat harsh.
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Criminal law — Theft from a person — Appeal against conviction and sentence — Appellate review of trial court credibility findings — Sentencing: relevance of previous convictions and undue disparity between co-accused sentences.
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19 June 1994 |
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A 22-year-old first offender’s 12-month imprisonment was set aside and replaced by a K2,000 fine (or six months' default).
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Criminal law — Dangerous Drugs — Illegal possession of Indian hemp (144.10g) — sentencing — mitigating factors (youth, first offender, guilty plea, personal consumption) — substitution of custodial sentence with fine.
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15 June 1994 |
| May 1994 |
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Court awarded the applicant K21,910.75 for the respondent's diversion of building funds and ordered costs.
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Contract for building works — money had and received — failure to account — independent valuation — trial in absence for non-cooperation — assessment of quantum.
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26 May 1994 |
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Court refused to set aside declaration challenging police roadblocks, reserving constitutional questions on Police Act s.22(1) for trial.
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Constitutional supremacy — Police Act s.22(1) — roadblocks and searches — scope and constitutionality; balance between national security/public order and individual rights; ex parte relief under Order 29; interlocutory refusal to set aside declaration.
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23 May 1994 |
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Manufacturer owes duty of care to consumers, but plaintiffs failed to prove negligence or causation from contaminated margarine.
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Tort — Negligence — Manufacturer's duty to consumer (Donoghue v Stevenson) — Contaminated food — Res ipsa loquitur — Causation — Standard of proof (balance of probabilities).
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13 May 1994 |
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Manufacturer owed duty of care but plaintiffs failed to prove negligence or causation from contaminated margarine; claim dismissed.
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Product liability — manufacturer’s duty of care — alleged contamination of food product — chain of custody of samples — res ipsa loquitur — causation — burden of proof.
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13 May 1994 |
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A binding lease was found by conduct despite no signed contract; claimant awarded damages for repudiation including contractors' costs and rent difference.
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Contract formation — 'subject to formal contract' — conduct and part performance can establish binding agreement; Repudiation; Damages for wasted expenditure and consequential rental loss.
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11 May 1994 |
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The applicant recovered wasted expenditure and consequential rent loss where conduct formed a binding lease despite no formal contract.
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Contract formation — conduct and correspondence can establish a binding agreement despite 'subject to contract'; repudiation — innocent party entitled to damages for wasted expenditure and consequential loss (reimbursement of materials, contractor fees, and increased rent).
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11 May 1994 |
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9 May 1994 |
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Whether student suspensions were void for breach of natural justice and defective, biased disciplinary committee composition.
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Judicial review — procedural fairness — natural justice — failure to give notice of charges — defective composition of disciplinary committee — apparent bias by committee members — university student suspensions quashed and applicants reinstated.
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3 May 1994 |
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Plaintiff failed to prove the electricity supplier’s negligence or causation for the house fire; claim dismissed with costs.
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Tort — Negligence — Liability of electricity supplier — Duty ends at metering point; circuit breaker maintenance consumer’s responsibility — Burden of proof and causation in fire loss claims.
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1 May 1994 |
| April 1994 |
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Court set aside interlocutory default judgment due to change of counsel and irregularity, imposing conditions to protect the plaintiff.
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Civil procedure — Setting aside interlocutory default judgment — Change of legal practitioner and failure to receive court documents — Waiver of irregularity — Extension of seven‑day rule in presence of good cause — Conditions when granting relief (defence, payment into court, costs).
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29 April 1994 |
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Summary judgment refused where documentary exhibits did not establish the claimed debt and the defence raised a triable issue.
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Civil procedure — Summary judgment — Applicability of Order 14 r 1 after directions for trial — Interlocutory applications under Order 25 r 7(3) — Requirement that exhibits establish the claimed debt — Defence not a sham where documents do not admit the claimed sum.
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26 April 1994 |
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Conviction for theft set aside where property remained under employment custody and confession was unreliably relied upon.
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Criminal law — Theft — Elements of theft require property to belong to another; possession by virtue of employment may negate theft unless prosecution proves otherwise — Reliance on untested or suggestive confession unsafe for conviction.
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25 April 1994 |
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Appeal allowed: absence of Inspector General's order did not void prosecution, but proceedings should have been stayed under s.161.
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Criminal law — Prosecution of police officers — Police Act s.47 and s.39 — written Inspector General order not required for non-disciplinary offences; discretion to stay/terminate proceedings under s.161 where disciplinary context and mitigating circumstances justify relief.
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22 April 1994 |
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Whether the appellant was an employee and entitled to damages for injury caused by the employer's failure to provide safe equipment.
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Employment law — employee v independent contractor — control, integration and economic reality tests; Employer's duty to provide safe equipment and workplace; Causation — missing guard and defective grinding disc; Rejection of assumption of risk defence; Quantum for permanent disablement.
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15 April 1994 |
| March 1994 |
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Vendor liable for failing to deliver agreed beneficial occupation; purchaser recovered proved losses defending third‑party trespass.
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Contract for sale of land — express term granting beneficial occupation — meaning of 'immediately' for deposit — vendor's obligation to deliver possession free of encumbrances — liability for losses from third‑party trespass proceedings.
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22 March 1994 |
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Conviction for theft by servant affirmed where audit records, witness testimony and confession established the missing funds.
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Criminal law — Theft by servant — Reliance on audit documents, shop manager testimony and confession to prove missing takings — Alternative explanations failing to create reasonable doubt.
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7 March 1994 |
| February 1994 |
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Originating summons under Order 113 is procedural; matter prematurely before Judge and must be referred to the Master.
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Land law — Possession — Originating summons under Order 113, Rules of the Supreme Court — Procedural nature of Order 113 — Jurisdiction: Master to hear under rule 1A; premature hearing before Judge — No adjudication on merits of title or ancestral occupation.
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10 February 1994 |
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8 February 1994 |
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8 February 1994 |