Results.
26 judgments found.
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| January 2024 |
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Conviction quashed where facts established incest requiring DPP's written consent; trial ordered de novo with directions.
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Criminal procedure — Review of subordinate court proceedings — Charge irregularity; incest (s.157 Penal Code) vs rape (s.133 Penal Code); requirement of DPP's written consent for prosecutions within prohibited degrees of consanguinity; conviction quashed; trial de novo ordered.
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30 January 2024 |
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Assessment of quantum for unfair dismissal, gratuity, pension and notice pay under Defence Force Regulations.}
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29 January 2024 |
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Whether a Final Third-Party Debt Order can be set aside for alleged misrepresentation of claimant’s status (sole trader v partnership).
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Civil procedure — Third-Party Debt Order — application to set aside Final Third-Party Debt Order; Partnership law — status of claimant (sole trader v partnership) and effect on liability; Courts (High Court) (Civil Procedure) Rules 2017 — Order 28 rule 17 — objections pre-final order; Abuse of process — striking out.
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29 January 2024 |
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Section 73(2) mandates counsel only where the other party is, or is represented by, a legal practitioner.
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Labour law — Industrial Relations Court — Legal representation — Section 73(2) mandatory where other party is or is represented by a legal practitioner
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Statutory interpretation — Mandatory language "shall" — No judicial addition or discretionary gloss on clear statutory conditions
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Civil procedure — Corporate parties and representation — Other statutes do not displace Labour Relations Act procedural scheme
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29 January 2024 |
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Employer must consult employees before retrenchment; ministerial forced leave without consultation amounted to unfair dismissal and unfair labour practices.
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Labour law — retrenchment — duty to consult employees before operational dismissals — Ministerial directive without Board authority — unfair dismissal; unfair and unsafe labour practices — compensation assessment.
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29 January 2024 |
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27 January 2024 |
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Claimant failed to prove defendant’s negligence or statutory breach in fire allegedly caused by high voltage; claim dismissed with costs.
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Tort — Negligence in electricity supply; causation; high voltage vs high current; short-circuit principles; res ipsa loquitur inapplicable; statutory reporting/arbitration (MERA) not mandatory.
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25 January 2024 |
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Interim injunction continued pending trial as triable issue exists over whether a counteroffer negated the sale agreement; damages inadequate for land.
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Property law — interim injunction — existence of enforceable agreement for sale of land — whether offeree’s response amounted to a counteroffer or mere request for variation — adequacy of damages for land — balance of convenience — referral to mediation.
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25 January 2024 |
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Interim injunction maintained due to triable issue on offer/counteroffer and inadequacy of damages for land.
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Interim injunction — whether a triable issue exists as to formation of contract (offer v counteroffer) — uniqueness of land and inadequacy of damages — balance of convenience — continuation of interlocutory injunction; referral to mediation.
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25 January 2024 |
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Court dismissed both claim and counterclaim for want of prosecution after 35 months' inaction.
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Civil procedure — dismissal for want of prosecution — Order 12 r 54 — inordinate and inexcusable delay — abuse of court process — counterclaim also dismissed — costs: each party to bear own costs.
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25 January 2024 |
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Both claim and counterclaim dismissed for want of prosecution after 35 months' inaction; each party to bear its own costs.
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Civil procedure — Dismissal for want of prosecution under Order 12, rule 54 — Inordinate delay and abuse of process — Counterclaim also dismissed — Overriding objective and case-management non-compliance — Costs: each party to bear own costs.
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25 January 2024 |
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Summary judgment granted where defence was a sham; stay for related criminal proceedings denied.
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Civil procedure — stay of civil proceedings pending criminal proceedings; summary judgment — general denial treated as sham under Order 7 r 6 CPR; monetary claims vs criminal restitution; party-and-party costs only.
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24 January 2024 |
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A dispute founded on employment contract restraints belongs to the Industrial Relations Court, not the High Court Commercial Division.
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Jurisdiction — High Court (Commercial Division) v Industrial Relations Court — employment contract disputes; restraint of trade in employment — enforceability and reasonableness vis-à-vis constitutional right to work (s.29); definition of "commercial matter" (Courts Act s.2).
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22 January 2024 |
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Whether a restraint-of-trade claim arising from employment belongs to the Industrial Relations Court rather than the Commercial Division.
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Jurisdiction — Commercial Division v Industrial Relations Court — enforcement of post‑termination restraint in employment contract — whether dispute is commercial or labour — reasonableness of restraint and constitutional right to economic activity (section 29).
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22 January 2024 |
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Court set aside a without-notice injunction after the claimant failed to comply with filing, service and attendance conditions.
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Civil procedure — interlocutory injunctions — without-notice orders — inherent power to set aside/discharge suo motu — non-compliance with terms (filing, service, attendance) — Order 10 r.27 — overriding objective.
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22 January 2024 |
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E-money services by a non-bank are not banking services and are not VAT-exempt under section 20.
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Tax Law — Value Added Tax — Banking services — Whether e-money services provided by a non-bank e-money service provider qualify for VAT exemption under section 20 of the VAT Act
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Payment Systems — E-money Regulation — Scope of e-money services — Whether non-bank e-money service providers may conduct banking business, accept deposits, or charge interest — Payment Systems (E-money) Regulations regs 5(3), 5(4), 5(7) and Banking Act s3
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19 January 2024 |
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Widow and children entitled to occupy customary land; Msudzulo cannot lawfully deprive them of inheritance or possession.
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Customary law — Msudzulo ceremony — customary practice versus constitutional rights; Inheritance on customary land — Deceased Estates (Wills, Inheritance and Protection) Act — immediate family entitlement; Proof and admissibility — requirement of sworn verification for pleadings; Procedural dismissal of counterclaim.
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17 January 2024 |
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Respondent’s internal negligence or poor communication does not justify setting aside a default judgment or staying its execution.
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Industrial Relations Court — default judgment — service of process — setting aside default judgment — stay of execution pending appeal — burden to show special circumstances — internal negligence not sufficient — assessment of compensation to proceed.
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17 January 2024 |
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Court orders in‑chambers inspection of classified Defence documents; dismisses time‑barred breach‑of‑trust counts under section 302A.
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Criminal procedure — disclosure vs national security — in-camera judicial inspection of classified Defence Council/MDF documents; public interest immunity; right to fair trial and disclosure obligations; particulars of bribery charges (unspecified amounts) — not fatal; statutory limitation — section 302A CP&EC — strict construction, time-barred misdemeanour counts discharged.
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12 January 2024 |
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Where no appeal is pending, the SCA will not entertain fresh injunction applications; section 4 and 10 bar relief against government.
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Civil procedure — jurisdiction of the Supreme Court of Appeal to hear original interlocutory applications; Order 1 r.18 and s.7 SCA Act; distress for rent — adequacy of damages; injunctions against Government/public officers — s.10 and mandatory pre‑suit notice under s.4; equitable relief and clean hands rule.
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11 January 2024 |
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This Court lacked jurisdiction under Order I r18 to grant a stay of an IRC award governed by section 65(3) of the Labour Relations Act.
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Labour Relations Act s65(3) — stay of execution — concurrent jurisdiction of IRC and High Court — Order I r18 SCA Rules — limits of Supreme Court of Appeal jurisdiction — requirement of statutory conferment of jurisdiction.
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10 January 2024 |
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Court discharged the 1st accused under section 247 CP & EC after the State conceded it had no evidence and could not proceed.
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Criminal law — discharge of accused under section 247 CP & EC where prosecutor unable or unwilling to proceed — inapplicability of section 270 at substantive High Court trial — discontinuance power of DPP under section 77/section 99 — protection against prosecution without credible evidence.
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9 January 2024 |
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Applicant discharged under section 247 due to prosecutorial inability to produce evidence; court warns against prosecutions without evidence.
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Criminal procedure — Discharge under section 247 CP & EC where prosecutor unable/unwilling to proceed; discontinuance as DPP's exclusive constitutional power; inapplicability of section 270 at substantive trial stage; prosecutorial duty to terminate prosecutions lacking credible evidence; abuse of process and protection of personal liberty.
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9 January 2024 |
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Court set aside stay of enforcement and issued a third‑party debt order against the respondent's bank for assessed costs.
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Civil procedure — stay of execution of costs order — setting aside stay for inordinate delay and failure to prosecute review — third‑party debt order against bank — respondent's ability to repay — costs awarded to respondent.
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4 January 2024 |
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Interlocutory application dismissed for being improperly filed and premature without exhausting internal party dispute-resolution mechanisms.
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Political party disputes — justiciability; exhaustion of internal remedies (Article 18) before judicial intervention; Supreme Court of Appeal jurisdiction — improper reliance on s.7 and Order I r.18; interlocutory judgments and appealability under s.21; interlocutory injunctions — procedural prematurity.
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3 January 2024 |
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Stay of execution pending appeal denied for lack of special circumstances and misleading conduct; costs awarded; enforcement ordered.
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Civil procedure — Stay of execution pending appeal — applicant must show special circumstances; duly served party’s non-attendance and misleading affidavits negate entitlement to stay; costs may be awarded where motion is frivolous or dilatory.
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2 January 2024 |