Results.
126 judgments found.
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| March 2026 |
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Court holds IRC has jurisdiction and finds the coach’s performance dismissal substantively and procedurally unfair.
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Labour Law
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Jurisdiction — Court versus Sporting Arbitration — Whether arbitration clause/FIFA mechanisms oust Industrial Relations Court jurisdiction
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Dismissal — Substantive fairness — Proof of failure to meet contractual performance targets — Employment Act ss 57, 61
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Dismissal Procedure — Right to be heard — Requirement of meaningful opportunity before discipline/termination
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9 March 2026 |
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Early termination of a fixed‑term contract without valid reason or fair process amounted to unfair dismissal and unfair labour practice.
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Labour Law
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Dismissal — Fixed‑term contract terminated early — Substantive and procedural fairness under Section 57 and Section 61, Employment Act
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Unfair labour practices — Legitimate expectation arising from employer representations and conduct — Section 31 and Section 43, Constitution
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Administrative Law — Reliance on external determinations — Limits where the affected employee was not investigated and employer treated employee as validly appointed
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2 March 2026 |
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Delay, lack of urgency, prejudice and security concerns defeated applicants' bid to restore discharged interim relief; pre-hearing conference ordered.
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Labour law — interim relief — restoration of discharged urgent interim order — delay and lack of urgency; non-appearance of respondent and unadopted opposing papers; prejudice and security considerations at State Residences; case management — pre-hearing conference; possible disposal on point of law
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2 March 2026 |
| February 2026 |
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27 February 2026 |
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27 February 2026 |
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Judicial review application dismissed for being filed out of time; respondent affidavit held incurably defective; referral refused.
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Administrative law — Judicial review — Time limits — Promptness and three‑month rule under Order 19 Rule 20(5)-(6) — Extension only for good reason
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Civil procedure — Affidavits — Jurat defects — Incurable inconsistent/omitted dates render affidavit ineffectual; not curable under Order 18 r18-19 and Oaths, Affirmations and Declarations Act s10
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Procedure — Constitutional certification — No proceeding to refer to Chief Justice under Courts Act s9
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24 February 2026 |
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20 February 2026 |
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19 February 2026 |
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18 February 2026 |
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An Ombudsman may investigate anonymous whistle‑blower complaints and lawfully construe statutory qualification requirements in recruitment.
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Ombudsman jurisdiction — anonymous complaints and whistle‑blower protection (s12A); maladministration in public recruitment; statutory interpretation of qualifications (s6(5) Corrupt Practices Act); separation of powers and administrative oversight.
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16 February 2026 |
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Whether the Chief Secretary lawfully seconded senior military officers — judicial review, s43 fairness and Public Service Act deployment rules.
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Judicial review — amenability of executive actions; administrative justice — s43 right to lawful and procedurally fair administrative action and reasons; ultra vires and Wednesbury unreasonableness — Public Service Act (s10) deployment requirements; separation of powers — High Court jurisdiction under s108(2); duty of candour in judicial review.
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12 February 2026 |
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Conversion of permanent contracts to fixed‑term without genuine consultation amounted to unfair dismissal; severance underpaid and PAYE unlawfully deducted.
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Labour Law
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Dismissal/Termination — Whether conversion of unspecified‑period contracts to fixed‑term amounts to termination and unfair dismissal
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Operational Requirements — Burden on employer to prove genuine, evidenced operational necessity for termination
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Severance/Taxation — Whether severance allowance is compensatory (non‑taxable) and whether PAYE deductions from severance are lawful
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9 February 2026 |
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Parties must exhaust internal church remedies and arbitration; court cannot grant reinstatement as urgent interim relief.
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Employment dispute — arbitration clause — enforceability despite contract expiry — requirement to exhaust internal (church) remedies including Synod/General Assembly — court lacks jurisdiction to grant reinstatement as urgent interim relief
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9 February 2026 |
| January 2026 |
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Court holds domestic jurisdiction prevails; fresh arbitration and foreign proceedings restrained as abuse of process.
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Commercial law — arbitration clause — stay of proceedings — section 6(1) Arbitration Act — jurisdiction after Supreme Court of Appeal order — anti-suit injunction — forum shopping — competence of procedural application under CPR 2017.
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29 January 2026 |
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A stay filed under incorrect rules is incompetent; election urgency does not excuse procedural non‑compliance.
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Civil Procedure
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Stay/Suspension of Judgment — Proper procedural basis and applicable rules — Courts (High Court) (Civil Procedure) Rules Order 28 Rules 48–50 — Supreme Court Rules inapplicable to High Court proceedings
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Inherent Jurisdiction — Invocation where specific statutory procedure exists — Not to be used in lieu of prescribed rules without solid cause
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Curative Powers — Order 2 Rule 2/3 — Irregularities may be cured but good cause required; urgency alone insufficient
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29 January 2026 |
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High Court remitted a medical disciplinary case for fresh inquiry due to an incomplete and inadequate record.
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Medical disciplinary proceedings — statutory requirement to record proceedings and reasons (s48(5) Medical Practitioners and Dentists Act) — incomplete/inconsistent record — adequacy of minutes vs verbatim record — appellate review limited by deficient record — referral for fresh inquiry — issues of informed consent, negligence and gross incompetence considered but not determined on merits.
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29 January 2026 |
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An arbitration clause expressly excluding the escrow agent prevents the applicant from obtaining a stay pending arbitration.
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Arbitration — Stay of proceedings under s.6 Arbitration Act — Arbitration clause in escrow agreement — Clause expressly excluding escrow agent — Interpretation of exclusion clause — Readiness and willingness to arbitrate required as evidentiary burden.
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27 January 2026 |
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Airline's refusal to carry a disabled child without lawful or reasonable justification amounted to discrimination and violated dignity.
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Disability discrimination in air carriage; reasonable accommodation and medical clearance; Chicago Convention Annex 9; right to equality and dignity; general (not punitive) damages awarded.
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23 January 2026 |
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Regulator lawfully conducted inquiry and later disciplinary hearing; ad hoc committee and concurrent criminal proceedings were permissible.
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Administrative law — statutory interpretation of regulatory disciplinary powers — sections 17, 36 and 37 read together; delegation to committees and use of ad hoc panels permissible; distinction between inquiry and disciplinary hearing; concurrent criminal and disciplinary proceedings not per se unreasonable.
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22 January 2026 |
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21 January 2026 |
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Withdrawal of a bail application does not terminate criminal proceedings; the court may grant release and issue case-management directions to protect liberty.
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Constitutional rights — personal liberty and 48-hour rule — withdrawal of bail application — effect on ongoing criminal proceedings — habeas corpus as appropriate remedy — court's discretion to grant reliefs mero motu; case management and disclosure obligations.
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20 January 2026 |
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14 January 2026 |
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13 January 2026 |
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8 January 2026 |
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Stay refused because contract's "arbitration" clause only required negotiation, not binding arbitration.
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Arbitration law — stay of proceedings — clause headed 'ARBITRATION' construed as negotiation clause — heading cannot override clear substantive wording — requirement of valid arbitration agreement under s.6(1).
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6 January 2026 |
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5 January 2026 |