Results.
10 judgments found.
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| February 1996 |
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Convictions for cheating set aside where borrowed items were not returned but no evidence of trick or device existed.
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Criminal law — Cheating (s.321 Penal Code) — Requirement of a trick or device — Borrowed goods not returned does not constitute cheating absent evidence of deception
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29 February 1996 |
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Unspecified "intimidation" did not satisfy robbery-with-violence requirements; conviction substituted to theft and sentence adjusted.
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Criminal law — Robbery with violence — statutory requirement of actual violence or threat of actual violence — allegation of "intimidation" insufficiently particularised — conviction substituted to theft from a person (s278 read with s282(a) Penal Code) — sentence varied on review
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22 February 1996 |
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Section 329 conviction unsustainable where accused lacked possession at time of charge; past sale does not attract liability.
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Criminal law — Possession — Section 329 Penal Code — Requires contemporaneous possession when charged; past possession insufficient for conviction
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22 February 1996 |
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Court allowed hearing in counsel's absence and refused late affidavits, directing defendant's counsel to address plaintiff's counsel and inspect the record.
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Civil procedure — summary judgment on admissions — proceeding in absence of counsel under Order 32 — late affidavits and adducing new evidence — duty of counsel and case management to prevent delay.
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22 February 1996 |
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Judicial review inappropriate where vehicle detention arises from contractual dispute; applicant must pursue ordinary action against respondent.
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Judicial review — Order 53 — public law versus private law rights — seizure of vehicle under contractual hire/lease — suitability of judicial review where factual disputes exist — conversion to writ proceedings; affidavits to be treated as pleadings.
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21 February 1996 |
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Employer held vicariously liable for false imprisonment where police acted on employer's charge without reasonable suspicion; defamation dismissed.
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Tort — False imprisonment — Arrest effected by police at employer's instance — distinction between giving information and making a charge — vicarious liability of employer; Defamation — whether words were capable of defamatory meaning — expressions of suspicion versus allegations of guilt.
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19 February 1996 |
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Plaintiff awarded taxed costs (K24,913.70); court held Bulluck authority permits recovery of taxed bill involving a successful co-defendant.
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Costs — Taxed costs — Entitlement to recover taxed bill — Effect of successful co-defendant — Bulluck v London General Omnibus Co. authority.
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15 February 1996 |
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Plaintiff entitled to recover taxed costs from a successful co‑defendant; K24,913.70 awarded.
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Civil procedure — Costs — Taxed costs — Entitlement to recover taxed bill from a successful co-defendant — Authority: Bullock v London General Omnibus Co. (1907) KB 264.
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15 February 1996 |
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Robbery conviction quashed where no violence or threat to obtain/retain property; convicted of theft and sentenced to three years.
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Criminal law — Robbery — Elements of robbery require violence or threat to obtain or retain property — Subsequent assault unrelated to retention cannot support robbery; substitution to theft from a person and sentence reduction
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14 February 1996 |
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Assessment of personal injury damages, hearsay inadmissibility of medical reports, rejection of vehicle claim due to discharge.
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Damages for personal injury — distinction between pecuniary and non-pecuniary losses — assessment by comparison and adjustment for local economic conditions; admissibility of medical reports — hearsay unless doctor called; proof required for special damages; discharge as bar to vehicle claim; interest and exemplary damages not recoverable.
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13 February 1996 |