|
Citation
|
Judgment date
|
| January 1994 |
|
|
Wrongful eviction for breach of dealership/lease; special damages proved by receipts, interest limited to court rates.
Contract law – breach of agency/lease agreement – wrongful eviction by landlord/owner. Assessment of damages in default – Order 9 r.6 CPR – proof of special damages by receipts. Quantum of general damages for premature termination of long-term dealer arrangement
Interest – court/ statutory rates where high contractual rate not proved. Failure to prove offsetting claims or alleged debts prevents recovery
|
31 January 1994 |
|
Conviction for murder, attempted murder and aggravated robbery upheld on child identification and corroborative evidence.
Criminal law – Murder: malice aforethought established by use of axe and head injuries – Attempted murder: intent and acts toward killing (gagging, covering) – Aggravated robbery: theft with violence and deadly weapon – Identification by child of tender years and single identifying witness; caution and corroboration – Alibi rejected where prosecution places accused at scene; post-mortem corroboration of assault.
|
28 January 1994 |
|
Court convicted accused of aggravated robbery on safe single‑witness identification and imposed mandatory death sentence.
Criminal law – Aggravated robbery – Elements: theft, violence, use/threat of deadly weapon – Single-witness identification – Caution and safeguards – Alibi and its destruction by prosecution evidence – Common intention – Mandatory sentence under s.273(2) Penal Code.
|
28 January 1994 |
|
|
21 January 1994 |
|
Judge recused himself where a proposed joinder applicant lacked confidence after prior locus standi remarks; file referred for reassignment.
Recusal — perceived bias from prior obiter remarks — whether judge should disqualify himself; Locus standi — joinder of interested third party in statutory appeal under Expropriated Property Act; Effect of executive concession/certificate on pending appeal; Procedural fairness — right to be heard and administration of justice.
|
19 January 1994 |
|
Contractor entitled to unpaid certificate sum; court awarded principal plus 30% p.a. interest from due date and costs.
Contract law – Government contract – final certificate and obligation to pay within 14 days (Clause 30(1)); Civil procedure – proceeding and judgment after hearing where Attorney‑General served but did not appear; Interest – appropriateness of contractual/claimed rate versus court‑assessed commercial rate; Evidence – uncontroverted plaintiff testimony establishes entitlement.
|
12 January 1994 |
|
Plaintiff entitled to certified contract sum; court awards principal, interest at 30% p.a. from 15/3/1989, and costs.
Contract law – obligation to pay sums certified by final payment certificate – payment due within contractual 14-day period
Evidence – uncontroverted testimony and documentary final certificate sufficient to establish debt
Remedies – assessment of interest where claimed contractual rate unsupported; court discretion to fix reasonable rate (30% p.a.)
Costs – successful claimant entitled to costs where defendant defaults or fails to contest
|
12 January 1994 |
|
Accused convicted of aggravated robbery where theft, violence, deadly weapon use and reliable identification were proved.
Criminal law – Aggravated robbery – elements: theft, violence, threat/use of deadly weapon; identification – prolonged daylight observation and prior acquaintance; common intention; inadmissibility of uncautioned admissions; minor committal defects not fatal.
|
11 January 1994 |
|
Accused convicted of aggravated robbery where daylight identification, violence and gunshots established guilt; sentenced to death.
Criminal law – Aggravated robbery – Elements: theft, violence and deadly weapon – Identification evidence in daylight and prolonged observation – Common intention – Alibi – Mandatory death sentence.
|
11 January 1994 |
|
|
10 January 1994 |
|
The applicant’s adoption petition was struck out for failure to comply with Rule 7’s verification and documentary requirements.
Adoption law – procedural compliance – Rule 7 verification and exhibition of supporting certificates; advocate presentation and signature of petition; adequacy of affidavits; striking out for non-compliance.
|
7 January 1994 |
|
No prima facie case; accused acquitted under s.71(1) where identification and evidence were insufficient.
Criminal law – Submission of no case to answer – Prima facie case – Identification evidence – Section 71(1) Trial on Indictments Decree – Reasonable tribunal test (Bhatt v R).
|
4 January 1994 |
|
Submission of no case to answer upheld where prosecution failed to show a prima facie link between the accused and the robbery.
Criminal procedure – submission of no case to answer – prima facie case test (Bhatt v R) – identification evidence – suspicion is not evidence – acquittal under s.71 Trial on Indictments Decree.
|
4 January 1994 |
|
Court convicted the accused of defilement based on child testimony, medical evidence and a voluntary confession, sentencing eight years imprisonment.
Criminal law – Defilement under s.123(1) Penal Code Act – Child witness evidence and identification at night – Medical corroboration (ruptured hymen/inflammation) – Cautioned statement (confession) voluntariness and reliance – Need for corroboration of retracted confession – Sentencing: deterrence vs mitigation.
|
4 January 1994 |
|
|
3 January 1994 |