Results.
144 judgments found.
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| December 2007 |
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Arrest without reasonable suspicion constituted false imprisonment—substantial damages awarded; malicious prosecution damages nominal due to unproven expenses.
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False imprisonment — arrest without complaint or investigation; Malicious prosecution — required elements (termination in plaintiff’s favour; defendant’s role; lack of probable cause; improper purpose); damages for deprivation of liberty; nominal damages where defence costs unproven.
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31 December 2007 |
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Divorce petition for unreasonable behaviour failed; cross‑petition for adultery succeeded based on petitioner’s admission.
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Family Law —
Divorce
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Unreasonable Behaviour v Cruelty — Conduct must cause or reasonably threaten bodily or mental harm to amount to cruelty
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Adultery — Proof by Admission — Voluntary admission by spouse is sufficient evidence to establish adultery
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31 December 2007 |
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The applicant's conviction for theft by servant was upheld; sentence reduced to 24 months' imprisonment.
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Criminal law — theft by servant (s.286 Penal Code) — elements: employment, custody of employer’s property, failure to account — Evidence: admissions to investigators and audit discrepancies — Sentence: reduction on appeal for youth, first offender status and employer management shortcomings.
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31 December 2007 |
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A civil claim based on alleged criminal conduct is stayed pending the criminal trial unless the plaintiff justifies concurrent prosecution.
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Civil procedure — stay of civil proceedings pending criminal trial — rule in Smith v Selwyn — theft by trick — concurrent civil and criminal proceedings; plaintiff's duty to explain prosecution.
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30 December 2007 |
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Civil claim based on alleged theft stayed under Smith v Selwyn pending the related criminal trial.
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Civil procedure — stay of proceedings — Smith v Selwyn rule — damages actions based on alleged felonious acts — pending criminal prosecution — plaintiff's obligation to justify concurrent civil action.
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30 December 2007 |
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Appeal dismissed; matter remitted for the lower court to enforce outstanding property, compensation and child maintenance orders.
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Appeal dismissed for lack of merit; non‑compliance with lower court orders — enforcement — property distribution, compensation and child maintenance — remittal to lower court to summon respondent and enforce orders.
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27 December 2007 |
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Petitioner proved cruelty justifying divorce; respondent ordered to pay child’s school fees, clothing and entertainment until age 18.
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Family law — Divorce for cruelty — Domestic violence, psychological and financial abuse — Undefended proceedings — Maintenance of child — Order for payment of school fees, clothing and entertainment — Reliance on petitioner’s uncontradicted evidence.
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27 December 2007 |
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Appeal against five-year sentence for theft in transit dismissed despite guilty plea and first-offender status.
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Criminal law — Theft of goods in transit — Sentence — Mitigating factors (guilty plea, first offender) — Section 340(1) CPE Code — Recovery of proceeds vs unrecovered stolen property — Appropriate custodial sentence.
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20 December 2007 |
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Decree nisi granted for divorce where respondent’s prolonged, intentional, and unexplained absence constituted desertion.
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Family law — Divorce — Desertion — Elements of desertion (separation for at least three years, intention to remain permanently separated, absence without consent, without reasonable cause) — Undefended petition and collusion.
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19 December 2007 |
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The court found the conviction improperly granted, allowed the appeal, and set aside the conviction and sentence.
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Criminal appeal — Conviction improperly granted — Appeal allowed summarily — Conviction and sentence set aside.
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18 December 2007 |
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Conviction quashed where guilty plea was not properly understood and evidence failed to prove robbery beyond reasonable doubt.
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Criminal law — Robbery — insufficiency of evidence; guilty plea — voluntariness and appreciation of consequences; right to legal representation; miscarriage of justice — conviction quashed and sentence set aside.
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18 December 2007 |
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Holder of government lease with proof of compensation entitled to vacant possession; occupants ordered to vacate.
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Property — Leasehold entitlement and proof — Payment of customary compensation — Possession — Court proceeding in respondents' absence after due notice and failure of Legal Aid to appear.
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17 December 2007 |
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Appeal against a 24‑month custodial sentence for obtaining money by false pretences dismissed; trial court properly balanced mitigating and aggravating factors.
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Criminal law — Obtaining money by false pretences — Sentence review — appellate interference only where error occasioned failure of justice — mitigation (first offender, guilty plea, illness, family) balanced against aggravation (non-recovery of funds, misrepresentation of ownership) — prison conditions/illness not ordinarily grounds for release.
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16 December 2007 |
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An employer bound by apparent authority of its customs clerk; appeal dismissed for inordinate delay and failure to prosecute.
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Civil procedure — appeal dismissed for inordinate delay and failure to prosecute; Agency — apparent/ostensible authority; Employment — acts incidental to employment and vicarious liability; Burden of proof — alleged established practice must be proved.
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11 December 2007 |
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Whether the defendant owed the bank and whether land constituted security absent a signed, executed agreement.
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Banking/credit facilities — overdraft and letters of credit — director’s liability; Security over land — requirement of signed, executed memorandum/acceptance to create mortgage or equitable charge; Documentary evidence — photocopies, blanks and inconsistencies; Civil standard of proof — balance of probabilities.
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10 December 2007 |
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Court voided irregularly added defendants and preserved the status quo, allowing continued use pending final determination.
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Civil Procedure
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Amendment of parties — Irregular addition and removal of defendants — Requirement for court order for amendment
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Interim relief — Interlocutory injunction obtained ex parte — Preservation of status quo and balance of convenience
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Property Law — Possession disputes — Prior use, consultation and risk of irreparable harm pending determination
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10 December 2007 |
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Bail pending appeal denied where applicant's hypertension was not shown to be an exceptional circumstance and judgment was imminent.
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Criminal law — Bail pending appeal — Exceptional circumstances required — Ill health (hypertension) alone not necessarily exceptional — Appeal already heard; court should not predetermine merits.
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5 December 2007 |
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Court held agent not liable for principal’s contract; claim dismissed for suing wrong party.
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Private international law — forum-selection clause in bill of lading — discretion to decline stay; Agency — disclosed principal and agent — agent not liable on principal’s contract; Wrong party sued — dismissal.
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3 December 2007 |
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Government may excavate for irrigation on customary land; surface rights remain and compensation is payable for damage.
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Land Law — Customary Land — Extent of Rights (Surface Use Only) — Land Act s26
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Property/Development — Infrastructure on Customary Land — Authority To Excavate And Lay Pipes — Duty To Refill And Compensate
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2 December 2007 |
| November 2007 |
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Whether administrative bodies lawfully denied the applicant promotion because a postgraduate diploma is not degree-equivalent.
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Administrative Law — Judicial Review — Closure of Ombudsman complaint and review of departmental action — Power and procedural propriety of Ombudsman and HRMD
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Civil Service — Promotion and Qualifications — Status of postgraduate diploma versus degree or HND; legitimate expectation and discrimination in promotion decisions
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27 November 2007 |
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Pleadings lacking material facts cannot sustain claims; lawful operational termination still entitles employee to notice in lieu and severance.
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Civil procedure — pleadings — requirement to plead material facts; Default judgment — variation where claim not supported by pleadings; Employment law — termination for operational requirements (abolition of department) — notice in lieu and severance entitlement; Distinction between unfair dismissal and statutory entitlements.
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21 November 2007 |
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The plaintiff is entitled to non-pecuniary damages for negligent injury; unpleaded special damages cannot be awarded.
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Motor vehicle negligence — passenger injuries — assessment of damages — special (pecuniary) damages must be specifically pleaded — non-pecuniary damages for permanent hand injury assessed by reference to comparable cases.
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21 November 2007 |
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Court refused to distribute an intestate estate, converted the application, and appointed four administrators, directing urgent convening of administration.
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Succession law — intestate estate — court cannot itself distribute estate property — conversion of misconceived application into appointment of administrators — appointment of agreed administrators — urgent administration convened and chaired by District Commissioner.
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20 November 2007 |
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Conviction and sentence upheld: identification corroborated and s301 aggravating factors justified the punishment.
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Criminal law — Identification evidence: corroboration where witness is familiar with accused and clothing matches description; accused's flight and failure to report as corroborative; sentencing — robbery with violence (s301) — aggravating factors (company, weapons, personal violence) justify severe penalties; mitigation considered but insufficient to disturb sentence.
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20 November 2007 |
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Prolonged remand without being brought before court amounted to illegal detention and warranted unconditional release.
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Constitutional criminal procedure — right to be brought before a court within 48 hours (s42(2)(b)) — prolonged remand without prosecution — illegal detention — release in interest of justice (s42(2)(e)).
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20 November 2007 |
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Appellate court reduced sentences for theft and housebreaking of a first offender, prioritizing mitigation over deterrence.
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Criminal law — Sentencing — Excessive sentence — First offender — Deterrence generally inappropriate for first offenders; mitigating factors: domestic context, remorse, recovery of property, youth.
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20 November 2007 |
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Bail applications may be refused where essential personal, procedural and medical particulars are not furnished despite State non‑objection.
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Bail — constitutional right under s.42(2)(e) not absolute; discretion to refuse bail where interests of justice require; bail applications must disclose residence, employment, procedural court records and supporting medical evidence; State non‑objection not determinative.
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20 November 2007 |
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Conviction for theft upheld for alleged connivance; sentence reduced from four to three years as excessive.
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Criminal Law — Theft — Conviction — Assessment of evidence and credibility regarding alleged connivance
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Criminal Procedure — Sentence — Whether original sentence excessive and appropriate reduction — Maximum penalty for theft considered
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19 November 2007 |
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Court refused injunction excluding the applicant from worship, stressing constitutional religious freedom and exhaustion of internal remedies.
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Constitutional law — freedom of religion and worship (secs 33, 44(2)) — interlocutory injunction — judicial restraint in internal religious disputes — exhaustion of internal remedies — reference to American Cyanamid principles.
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15 November 2007 |
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Failure to give statutory three‑month notice entitled the applicant to two months' salary; retirement at 55 otherwise valid and not extendable.
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Administrative law — judicial review — proper respondent; Civil service — mandatory retirement age; Due notice under MPSR; Delegation to Controlling Officer; Legitimate expectation; Relief — salary in lieu of notice.
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13 November 2007 |
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Court voided municipal auction for unpaid rates: unregistered auctioneer, inadequate notice, sale invalid; Assemblies must be lawfully constituted.
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Local government law — sale of property for rates — compliance with s.91 LGA (notice, seizure, public auction, authorised auctioneer) — registration requirement for auctioneers/estate agents — lawfulness of Assembly acts without elected councillors — scope of s.91(8) immunity (errors/irregularities v illegalities).
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11 November 2007 |
| October 2007 |
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The State must finalise preliminary applications and logistical arrangements before the court fixes trial dates.
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Criminal procedure — disclosure of evidence; concealment of witnesses; jury selection considerations; trial logistics for electronic evidence; accused’s right to adequate preparation time; court’s management of preliminary matters.
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31 October 2007 |
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Conviction based on uncorroborated night-time identification was unsafe and quashed; appellant acquitted.
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Criminal law — Identification evidence — Night-time identification of strangers — Requirement for independent corroboration — Weight of evidence where witnesses are informed by primary identificatory witness — Safety of conviction.
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31 October 2007 |
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Whether a mere denial can resist summary judgment and whether conditional leave to defend may be granted pending payment into court.
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Civil Procedure — Summary Judgment — Whether defendant has a bona fide defence to resist summary judgment — Requirements for defendant’s affidavit and consequences of mere denial — High Court (Commercial Division) Order 7 r1
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18 October 2007 |
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Identification evidence and forensic links to the appellant upheld conviction; twelve-year sentence with hard labour affirmed.
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Criminal law — Armed robbery (s.301 Penal Code) — Identification evidence — alibi insufficient — stolen property and weapons linked to accused — prior convictions and leadership of gang relevant to sentence — sentence of 12 years with hard labour upheld.
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16 October 2007 |
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Conviction set aside due to inconclusive forensic identification; retrial ordered with remand and conditional acquittal.
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Criminal law — possession of Indian hemp — guilty plea — adequacy of charge and plea — evidentiary sufficiency — inconclusive forensic identification report — retrial ordered — remand pending retrial — conditional acquittal if retrial delayed.
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16 October 2007 |
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Retrial ordered because the forensic report failed to conclusively identify the suspected Indian hemp.
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Criminal law — Dangerous Drugs — Possession of Indian hemp — Guilty plea — Adequacy of plea and supporting facts — Inconclusive forensic report from Chitedze Research Station — Sections 3 and 5 Criminal Procedure and Evidence Code not sufficient to cure forensic deficiency — Retrial ordered; remand and conditional acquittal if retrial not commenced timely.
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16 October 2007 |
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Court refused to strike out committal summons, holding committal and property execution can be pursued concurrently.
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Civil procedure — service of summons — Registrar’s signature — Courts Act s3(1)(a); Enforcement of judgment — committal to prison — consent order — simultaneous enforcement remedies; Jurisdiction — abuse of process — striking out; Assessment of means — JDS; Constitutional challenge — section 19(3).
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15 October 2007 |
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Whether 'wages' include allowances — court held they do and awarded recalculated compensation to the respondent.
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Employment Law
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Wages and Remuneration — Whether 'wages', 'pay' and 'salary' include allowances and benefits — Construction of Employment Act s3
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Compensation for Unfair Dismissal — Calculation period for awards under s63(5) — Awards limited to years actually served
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15 October 2007 |
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Court corrected a clerical mathematical error to increase the principal sum, upheld the 5% compound interest award, and granted costs to the plaintiff.
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Clerical mistakes — Order 20 — correction of judgment; Mathematical error in judgment — duplicated invoice entries; Interest — 5% compound interest from December 2001 treated as deliberate judicial award; Costs — costs follow the event and may be ordered where judgment silent.
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9 October 2007 |
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Application to set aside summary possession dismissed; no fresh grounds shown, remedy is an appeal.
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Civil procedure — Order 113 r.8 RSC — application to set aside summary possession — applicant must show fresh grounds or a defence on the merits; mere attack on correctness requires appeal — delay and affidavit irregularities noted but not dispositive.
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9 October 2007 |
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A guilty plea bars appeal against conviction except on sentence; custodial term reduced as manifestly excessive.
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Criminal law — guilty plea — plea-taking requirements (s251(2) CPE Code) — appeal barred after guilty plea except on sentence (s348 CPE Code) — sentencing discretion — use of panga (lethal weapon) as aggravating factor — reduction of excessive sentence.
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9 October 2007 |
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Court reduced sentences for a first offender and granted bail to detained accused on specified conditions.
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Criminal law — Sentencing: mitigation (first offender, previous good character, absence of actual loss) and consideration of prison congestion in reducing custodial terms; Criminal procedure — Bail under section 42(2)(e) Constitution and section 118 CPE Code: conditions, sureties and reporting where State raises no objection.
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5 October 2007 |
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Distress for rent is not set aside by this application; unlawful distress must be challenged by replevin or an action for trespass.
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Landlord and Tenancy — Distress for rent not a court process; applicable law: Law of Distress Amendment Act 1888; Illegal distress — remedies include replevin, trespass and damages; Procedure — aggrieved tenant must sue rather than seek setting-aside of warrant by this application; Issues of apparent authority and payment to agents are matters for the substantive action.
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4 October 2007 |
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Whether a 30‑month sentence for possession of 29kg of cannabis was excessive and whether mitigating factors were adequately considered.
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Criminal law — Dangerous Drugs Act — possession of large quantity of cannabis — sentencing principles — relevant factors include quantity, intent, age, first offender status, guilty plea — judicial discretion in sentencing.
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2 October 2007 |
| September 2007 |
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Conviction overturned due to unreliable identification and inadequate police investigation undermining proof beyond reasonable doubt.
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Criminal Law — Identification Evidence — Identification parade procedure — Reliability and prejudicial effect
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Criminal Procedure — Police Investigation — Failure to investigate scene and call material witnesses — Effect on safety of conviction
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27 September 2007 |
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Leave for judicial review refused where applicant challenged award size, not the procurement decision‑making process.
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Judicial review — public procurement — leave to apply for judicial review under s.38(13) — Order 53 — review focuses on decision‑making process, not mere dissatisfaction with award size — unreasonableness standard.
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25 September 2007 |
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Possession of stolen property soon after a robbery and failure to account supports conviction, but sentence reduced for youth and first offence.
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Criminal law — Robbery — Possession of property shortly after offence as evidence of guilt; failure to call named witnesses; sentence mitigation — youth and first offender; reduction of excessive sentence.
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18 September 2007 |
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Whether reliable identification and possession of the weapon supported the robbery conviction and warranted a five-year sentence.
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Criminal law — Robbery — Identification evidence and on-the-spot identification — Possession of weapon and flight as corroboration — Sentence review and reduction.
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18 September 2007 |
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Amendment under Order 20 r11 rejected as attempt to introduce fresh evidence, not correct a clerical slip.
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Civil procedure — correction of judgment — Order 20 r11 — limited to clerical mistakes/accidental slips — cannot be used to introduce fresh evidence or vary substantive findings — inherent power to correct confined to making a judge’s obvious meaning plain.
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12 September 2007 |