Results.
40 judgments found.
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| December 1999 |
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22 December 1999 |
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Convictions quashed where hearsay and unauthenticated secondary documents, and failure to call a vital witness, rendered the case unsafe.
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Criminal law — theft and obtaining property by false pretences — admissibility of hearsay — admissibility and authentication of secondary documentary evidence (computer printouts, photocopies) — compliance with Documentary Evidence Rules and Authentication of Documents Act — duty to call vital witness — burden to negative consent — fair trial and cross-examination obligations
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8 December 1999 |
| November 1999 |
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30 November 1999 |
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Ex-parte injunction discharged where plaintiff suppressed material facts and lacked a superior legal right to premises.
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Civil procedure — Interlocutory injunction — Discharge of ex-parte order for suppression of material facts; title disputes; equitable relief and balance of convenience; protection of investments in land improvements
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29 November 1999 |
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25 November 1999 |
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23 November 1999 |
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Where a claim pleads an unspecified "bank rate" for interest, the court will apply the Judgment Act rate (5%).
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Interest — rate to apply where claim pleaded as "bank rate" without specification — commercial versus investment rates — pleading requirements for interest — application of Judgment Act rate (Courts Act s.65) as convenient guide
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23 November 1999 |
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18 November 1999 |
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10 November 1999 |
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5 November 1999 |
| October 1999 |
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Vehicle conversion established where purchaser failed to prove bona fide title; owner entitled to recovery, damages and costs.
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Conversion — recovery of chattel — innocent purchaser defence — alteration of identification numbers — proof by manufacturer data and distinctive features; damages for loss of use; dismissal of defamation and revenue claims
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24 October 1999 |
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18 October 1999 |
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Whether an electoral petition under s100 could be informally converted into a s114 appeal; court struck the action off for non‑compliance.
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Electoral petitions — procedure and jurisdiction; distinction between s100 (48‑hour petition) and s114 (appeal by petition); meaning of “fresh petition” as new action; striking off for want of prosecution; amendment limitations in election petitions.
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18 October 1999 |
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Assessment of damages for personal injury and special damages where defendant did not contest the assessment.
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Personal injury — assessment of damages after default judgment; special damages require strict proof; quantum for pain and suffering and loss of earnings; effect of defendant's absence at assessment.
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18 October 1999 |
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14 October 1999 |
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14 October 1999 |
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4 October 1999 |
| September 1999 |
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24 September 1999 |
| August 1999 |
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30 August 1999 |
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30 August 1999 |
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An interlocutory injunction preventing the appellant from remaining in the matrimonial home was justified by threats of violence.
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Interlocutory injunction — matrimonial home — alleged domestic violence and threats — adequacy of damages — injunction duration tied to pending divorce proceedings — equity looks to substance not form — American Cyanamid principles applied.
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26 August 1999 |
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Eviction for unpaid rent under lease was lawful; defamation claim failed for truth and lack of pleaded innuendo.
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Landlord and tenant — eviction for rent arrears under lease clause; accounting misallocation of rent; defamation — truth, lack of malice, necessity of pleaded innuendo and extrinsic facts; no liability for third‑party comments; costs each party to bear own
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26 August 1999 |
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19 August 1999 |
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Interlocutory injunction refused where plaintiff failed to show a good arguable case and damages were adequate.
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Interlocutory injunctions — American Cyanamid principles — good arguable case and serious issue to be tried — adequacy of damages — preservation of status quo — clean hands.
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12 August 1999 |
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9 August 1999 |
| July 1999 |
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Applicant's challenge that key prosecution witnesses were "tainted" and that the summing‑up was inadequate was rejected.
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Criminal law — murder — credibility of eye‑witnesses — alleged "tainted" witnesses — adequacy of summing‑up and directions to jury — appellate review of jury verdict
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27 July 1999 |
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15 July 1999 |
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8 July 1999 |
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1 July 1999 |
| June 1999 |
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Court finds true purchase price was K155,000, sale failed for non‑payment, awards mesne profits and releases court-held rent.
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Property law — sale of land — disputed purchase price — proof of contract terms and authenticity of written agreement — allegation of forged/altered agreement — failure to pay balance — consequences: sale failure and award of mesne profits (rent) — release of rent paid into court — administrator rights over estate property
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30 June 1999 |
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Preferential live coverage by a public broadcaster breached statutory equal‑treatment obligations; the Electoral Commission was found to have complied.
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Elections — Access to state media — Equitable treatment of political parties during elections — Communications Act s45(1)(f); Parliamentary and Presidential Elections Act ss58–59; Electoral Commission Act ss8,19,63 — Public broadcaster's preferential live coverage unlawful — Complaint-exhaustion under s76
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9 June 1999 |
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9 June 1999 |
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Plaintiff proved negligence where a learner driver overtook unsafely; vehicle damages awarded but unproven towing costs denied.
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Motor vehicle negligence — overtaking a stopped minibus — learner driver driving without competent supervision or 'L' plates — burden of proof on plaintiff — special damages must be pleaded and proved.
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1 June 1999 |
| May 1999 |
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16 May 1999 |
| April 1999 |
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26 April 1999 |
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15 April 1999 |
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6 April 1999 |
| February 1999 |
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Bail for serious offences is discretionary; prosecution non-objection is not decisive and prolonged remand alone is not exceptional.
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Criminal law — Bail — Constitutional right to bail not absolute — Serious offences (murder) require exceptional circumstances for bail — Prosecution's non-objection not dispositive — Committal to High Court a legitimate factor — Subsequent bail applications require material change.
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24 February 1999 |
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24 February 1999 |
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No binding sale existed; appellant awarded repayment of the redemption sum with 5% statutory interest, specific performance denied.
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Contract law — agreement to agree; no binding sale where essential term (price) not agreed — Specific performance refused — equitable clean hands — restitution of redemption payment — statutory interest under s.65 Courts Act — contractual interest must be pleaded
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22 February 1999 |