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Citation
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Judgment date
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| October 2000 |
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Section 148 gives third parties a direct right against insurers; policy exclusions for unlicensed drivers do not defeat third-party claims.
Road Traffic Act s.148 – Compulsory third-party insurance – Policy clauses excluding cover for unlicensed drivers ineffective against third parties – Insurer liable to third parties; insurer's remedy is recovery from insured.
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29 October 2000 |
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Whether the defendants' parallel convention violated the party constitution and should be restrained.
Political party constitutions—internal disputes—NEC authority versus presidential powers; validity of party conventions and venue changes; compliance with interlocutory injunctions; nullity of parallel conventions.
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26 October 2000 |
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Employer wholly liable for employee’s amputation due to unsafe, unguarded machinery and inadequate training.
Employer’s common law duty to provide safe plant/place/system of work; failure to guard antiquated machinery; prior similar accident and unimplemented labour office advice; on-the-job training insufficient; contributory negligence rejected.
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24 October 2000 |
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The applicant's interlocutory injunction to restrain sale dismissed for failure to show irreparable harm and due to loan defaults.
Interlocutory injunction — Registered Land Act — notice period — reserve price and Lands Registrar approval — variation by charge/loan agreement — irreparable harm — balance of convenience — clean hands — loan default — right of chargee to realize security
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23 October 2000 |
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Whether 'majority of the electorate' requires majority of registered voters; court held majority of votes cast suffices.
Constitutional interpretation — meaning of "majority of the electorate" in section 80(2) — majority means votes actually cast; relation to PPE Act s.96(5); admissibility/weight of legislative history in constitutional interpretation; electoral law — declaration of president.
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22 October 2000 |
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Default judgment set aside where defendant’s affidavit established a prima facie meritorious defence and counterclaim.
Civil procedure — Setting aside default judgment (Order 13 Rule 9(2)) — Requirement to show a meritorious defence on affidavit — Plaintiff’s opposing affidavit on merits disregarded — Alleged counterclaim for breach of contract (under‑supply, unpaid rebates, removal of pumps).
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4 October 2000 |