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Citation
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Judgment date
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| April 2001 |
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6 April 2001 |
| March 2001 |
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Court allowed extension and revalidated incompetent appeal, holding counsel’s mistake could justify extension of time.
Civil procedure – extension of time under Court of Appeal Rules (Rule 4) – requirements for sufficient cause; effect of counsel’s mistake. Appeal – validation/revalidation of an incompetent pending appeal. Affidavit defects – misnaming of deponent – amendability vs. nullity. Principles: diligence of party, inordinate delay, errors of counsel may suffice if not gross negligence.
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26 March 2001 |
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Single Justice lacked jurisdiction to grant substantive stay of execution; interim order of 15 March 2001 rescinded.
Court of Appeal procedure — certificate of urgency — effect of Certificate of Repossession on authority to sue; procedural irregularities — omission to attach proceedings and misdescription as revision are technical defects; affidavits — jurat and title defects not necessarily incurable; jurisdiction — limits on single Justice under Rule 52(2) and section 13 of Judicature Statute; rescission of unauthorized interim order and reinstatement of High Court order.
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26 March 2001 |
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Contract Law|Enforcement of contract
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26 March 2001 |
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Criminal law
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22 March 2001 |
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Court grants extension to appeal due to counsel's failure where applicants were not personally dilatory.
Extension of time – leave to appeal out of time – exercise of discretion under Court of Appeal Rules (Rule 4) – counsel’s negligence as good cause – vigilant litigant not to be debarred for solicitor’s default.
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19 March 2001 |
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Whether an appeal against a temporary injunction is nugatory once the main proceedings have been finally disposed of.
Civil procedure — Appeal — Mootness/nugatory appeals — Whether an appeal against a temporary injunction survives final disposal of the main proceedings. Civil procedure — Withdrawal of appeal — Conditional withdrawal and costs — Whether withdrawal may be used to avoid dismissal. Public law/common law development — Whether courts should decide precedent-based legal questions that may be academic due to lapse of injunctive relief.
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13 March 2001 |
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Whether an appeal against a temporary injunction remains live after disposal of the underlying proceedings.
Appeal procedure — Mootness and nugatory appeals — Whether an appeal challenging a temporary injunction survives where the underlying proceedings have been concluded; Injunctions — Whether a temporary injunction can properly be granted to an employee to restrain an employer from evicting the employee from employer's property; Costs — Consequences of conditional withdrawal of an appeal.
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13 March 2001 |
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Failure to plead or give the prescribed notice of assignment under the NPART Regulations extinguishes title to sue; plaint struck out.
Non-performing assets trust statute – statutory assignment and procedural compliance – Regulation 4(b) S.I. No.76/95 requires prescribed notice of assignment to debtor – failure to plead/effect notice renders plaint defective and discloses no cause of action.
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2 March 2001 |
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Whether a board‑initiated, government‑sanctioned closure constitutes government-caused dismissal triggering severance pay.
Employment law – termination during privatisation/restructuring – attribution of dismissal: Board decision versus Government sanction; interpretation of severance entitlement under Staff Manual; role of Divestiture Rules and Minister’s supervisory function.
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1 March 2001 |
| February 2001 |
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Criminal law|Evidence Law|Evaluation of Evidence
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26 February 2001 |
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Confession to local officials corroborated by conduct and medical evidence; inconsistencies were immaterial, appeal dismissed.
Criminal law – murder – admissibility and voluntariness of extra-judicial confession to local council officials – section 29A Evidence Act – corroboration by conduct and recovery of body – contradictions in witness statements not necessarily fatal – alibi rebutted by appellant’s admissions; medical evidence of strangulation.
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26 February 2001 |
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Criminal law|Evidence Law|Evaluation of Evidence
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26 February 2001 |
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Appellate court held loan enforceable, found respondent breached by non-delivery, set aside tribunal, awarded damages and costs.
Contract law – Loan agreement – offer and acceptance – certainty and enforceability; Breach of contract – failure to deliver agreed goods (heifers and bull) – remedies; Restitution – recoverability of monies and materials advanced; Costs – discretion of trial court and principle that costs follow the event.
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22 February 2001 |
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Criminal law
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8 February 2001 |
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Appellants' murder convictions upheld: identification evidence found reliable and alibi rejected.
Criminal law – identification evidence – single identifying witness – factors: lighting, duration, prior acquaintance, deserted location; cautionary approach and credibility assessment; alibi defence – burden and rejection; use of police statements to impeach credibility.
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1 February 2001 |
| January 2001 |
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12 January 2001 |
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A plaint need only disclose the material facts showing a right, its violation and defendant's liability; missing particulars are remedied under Order 6 r.3.
Civil procedure – Order 7 r.11(a) – Rejection for failure to disclose cause of action; elements required: right, violation, liability. Pleadings – particulars of negligence – not always required in tabular form; sufficiency judged on face of pleadings. Order 6 r.3 – remedy by further and better particulars. Objection must show inherent defect on face of plaint.
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12 January 2001 |
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5 January 2001 |
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Appellant failed to prove compliance with Order 19 Rule 43 attachment requirements; appeal dismissed with costs.
Civil procedure – execution by attachment of shares – Order 19 Rule 43(1)&(2) – mandatory steps: affixation on conspicuous part of court-house and service on corporation’s officer – burden of proof on party claiming execution fees; Appeal procedure – time limits for appeals from Registrar’s orders – Section 80(2) CPA and Order 47 Rule 3 – timeliness objection must be raised at first appellate opportunity.
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5 January 2001 |
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An oral employment contract was found to have lasted until expiry; employer’s removal of employee without notice breached the contract, entitling the employee to arrears, benefits, general damages, interest and costs.
Employment law – oral contract – terms (salary and duration) established by pleadings and evidence; wrongful/non‑termination – removal from office without notice constitutes breach; remedies – arrears of salary and contractual benefits, general damages, interest and costs; appellate re-evaluation of evidence and reassessment of damages.
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5 January 2001 |
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1 January 2001 |
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Appellant’s insistence on historic sublease rent and pre‑suit conduct justified trial judge’s award of costs to respondents.
Civil procedure – costs follow the event; appellate interference with costs order only where discretion unjudicious or on wrong principles – sublease – ground rent: statutory assessment vs fixed historic rent – litigant’s pre-suit conduct and intransigence as basis for costs.
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1 January 2001 |
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A successful applicant bailiff is entitled to costs despite prior void orders when he bears no fault.
Civil procedure – costs – discretion under section 27 Civil Procedure Act – successful party ordinarily entitled to costs unless good reason otherwise; Court Bailiffs Rules 1987 r.13(4) – bailiff’s costs payable by judgment creditor where execution is prevented or stayed; illegality of prior court orders not a ground to deny costs to an innocent successful party.
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1 January 2001 |
