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Citation
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Judgment date
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| January 2011 |
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Bail denied: gravity of charges, flight risk, weak sureties and lack of medical proof outweighed applicants' rights.
Criminal procedure – Bail pending trial – Article 23(6)(a) Constitution; sections 14 and 15 Trial on Indictments Act – discretionary bail where accused face offences triable only by High Court. Factors in bail decisions – gravity of offence, severity of potential sentence, risk of absconding, fixed abode/residency, adequacy and nexus of sureties, likelihood of interfering with witnesses. Exceptional circumstances – ill health requires documentary medical proof to influence bail discretion. Prisoners’ rights – humane treatment of remand prisoners. Case management – need for prosecutorial role in mobilizing resources and listing trials promptly.
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27 January 2011 |
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Applicants were appointed legal guardians and permitted to immigrate with the child as being in the child's best interests.
Family law – Legal guardianship – appointment of foreign prospective adoptive parents – best interests of the child. Children Act/Judicature Act/constitutional jurisdiction – exercise of guardian appointment powers. Evidence – probation/social welfare reports and home-study as basis for suitability. Ancillary orders – permission to immigrate and periodic welfare reporting. Costs awarded to applicants.
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25 January 2011 |
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Public officers unlawfully terminated are entitled to defined statutory terminal benefits, including pension and severance, enforceable in court.
Employment law – Unlawful termination – Local government employees – Public service protections – Remedies for unfair dismissal – Terminal benefits – Pension entitlement – Severance package – Calculation of employment entitlements – Constitutionality of ouster clauses in pension legislation.
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20 January 2011 |
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The court appointed the applicants as legal guardians of an abandoned infant, permitting immigration and ordering six-month welfare reports.
Children law – legal guardianship of abandoned child – best interests of the child as determinative factor. Guardianship – suitability assessment – affidavits, home study, criminal clearance and probation recommendation. Permission to immigrate with child – court may permit relocation where it serves the child's welfare. Supervision – court-ordered periodic welfare reports; costs awarded to the state or respondent accordingly.
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14 January 2011 |
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Applicants granted legal guardianship and permission to emigrate with the infant, subject to six-monthly welfare reports and costs.
Children law – legal guardianship – best interests of the child; suitability assessments – home study and background checks; permission to emigrate with ward; supervisory reporting conditions; costs.
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14 January 2011 |
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Court appointed foreign applicants as legal guardians of an abandoned child, permitted immigration, and ordered six‑monthly welfare reports.
Family law – Legal guardianship of abandoned child – Best interests of the child – appointment of foreign nationals as legal guardians; care order and failure to trace parents; home‑study and probation officer’s recommendation. Post‑appointment supervision – periodic welfare reporting to Court. Permission to immigrate with the child to foreign jurisdiction.
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14 January 2011 |
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Court dismissed application for temporary injunction as tenants failed to show prima facie case or irreparable harm after breach of redevelopment agreement.
Civil procedure – temporary injunction – criteria for grant – prima facie case – irreparable harm – public-private partnership – eviction of tenants – redevelopment agreement – Memorandum of Understanding breach – locus standi.
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13 January 2011 |
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Plaintiffs failed to prove customary tenure; their licence was revoked and the defendant entitled to evict and costs.
Land law – customary tenure – burden and standard of proof – credibility of witnesses; Occupation by licence vs bonafide occupant – s.29(2)(a) and s.29(4) Land Act; Revocation of licence by notice to quit – trespass and right to evict; Probate/administration rights of registered owner to enforce possession.
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13 January 2011 |
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The High Court cannot grant an injunction to restrain execution of a magistrate’s distress-for-rent warrant.
Civil procedure — Temporary injunctions (Order 41 r.1 CPR) — need to show risk of waste, damage, alienation or wrongful sale. Distress for rent — governed by Distress for Rent (Bailiffs) Act Cap.76 and S.I. 76-1 — cancellation/variation by certifying magistrate. Jurisdiction — High Court cannot, by temporary injunction, restrain execution of a magistrate’s distress warrant. Abuse of process — using one suit to stop execution in a separate suit is irregular and an abuse of court process.
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13 January 2011 |
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Registered proprietor entitled to possession and injunction; defendant’s claimed title invalid and trespass established, caveat vacated.
Land law – registered proprietor’s title supports action for trespass; sale by beneficiaries of intestate estate without Letters of Administration ineffective to pass title; evidence and reliefs must be founded on pleadings; caveat lodged by trespasser can be vacated; damages require proof.
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12 January 2011 |
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A minor attestation omission did not invalidate the petitioner’s nomination; the Commission’s reversal was quashed.
Parliamentary Elections Act – Nomination procedure – Section 11(1)(a),(d) and Section 13 – Signatures and attestation – Substantial compliance versus fatal technical defect – Article 126(1)(e) – Communication of Commission decisions by Chairman.
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12 January 2011 |
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Court dismisses suit as plaintiffs fail to prove rightful ownership or fraud in property acquisition by defendants.
Property law – Ownership disputes – Allegations of fraudulent acquisition – Bonafide purchaser doctrine – Lease expiration
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12 January 2011 |
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Judicial review dismissed as moot after applicant left party; supporting affidavit contained inadmissible hearsay.
Judicial review — Mootness/overtaken by events where applicant ceases party membership by standing as independent — Locus standi to challenge internal party decisions — Affidavit requirements O.19 r.3 CPR and hearsay exclusion — Joinder of affected candidate and right to be heard.
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11 January 2011 |
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Court appoints foreign applicants as legal guardians and permits immigration where guardianship is in the child's best interests.
Family law – Guardianship – Appointment of foreign applicants as legal guardians – Best interests of the child paramount. Child protection – Child committed to care home by care order – suitability, home study, criminal checks and welfare recommendations considered. Guardianship conditions – permission to immigrate and periodic welfare reporting to court.
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11 January 2011 |
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Court appointed foreign applicants as legal guardians and authorised the infant's immigration as being in the child's best interests.
Family law – Guardianship – Appointment of foreign applicants as legal guardians – Best interests of the child – Permission to immigrate with infant – Reliance on care order, probation officer report and home-study – Supervision by periodic welfare reports.
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11 January 2011 |
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A credible five-year-old victim's identification, corroborated by medical and other evidence, sufficed to convict for aggravated defilement.
Criminal law – Aggravated defilement – Ingredients; Child witness – voir dire – competence and credibility; Single identifying witness – special caution; Identification factors – familiarity, lighting, proximity, repetition; Medical evidence (Police Form 3) and corroboration; Minor inconsistencies not outcome-determinative.
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11 January 2011 |
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Prosecution proved aggravated robbery despite non-recovery of goods; victims’ reliable identification defeated the accuseds’ alibis.
Criminal law – Aggravated robbery – Elements: theft, use or threat of violence, possession/threat of deadly weapon – Non-recovery of stolen property not fatal to proof of theft – Identification evidence: prior acquaintance, lighting, proximity – Alibi evaluation.
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10 January 2011 |
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Court appointed applicants as legal guardians, finding placement and travel appropriate and ordering six‑monthly welfare reports.
Family law – Guardianship – appointment of legal guardians for an abandoned infant – best interests of the child. Evidence – probation officer and home study reports as material in welfare determinations. Procedural – authority to place and permit travel; supervisory reporting to court. Costs – applicants ordered to pay costs.
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6 January 2011 |
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Hospital held liable for negligence in administering treatment, causing disability to a soldier.
Medical negligence - Vicarious liability of a hospital for staff actions - Maladministration of injection causing gangrene and disability.
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6 January 2011 |
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Whether the respondent is vicariously liable for a soldier's unlawful killing in the course of duty and whether the claim was time-barred.
Tort — State vicarious liability for wrongful acts of military personnel — unauthorized/wanton criminal acts may attract state liability if done in course of employment; Limitation — later Limitation Acts impliedly repeal earlier Law Reform Act limitation provision; Damages — assessment of loss of dependency and distribution to dependants; Protective directions for minors' shares; interest and costs awarded.
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6 January 2011 |