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Citation
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Judgment date
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| December 1991 |
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Custodial sentence for reckless driving upheld as deterrent; mandatory driving disqualification set aside for procedural omission.
Criminal law — Sentencing — Reckless driving — Deterrent imprisonment vs fines; duty to make inquiries before sentence; "special reasons" required before mandatory driving disqualification under section 65(1)(a).
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17 December 1991 |
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13 December 1991 |
| November 1991 |
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Chamber application to withdraw suit allowed, but costs awarded to respondent for avoidable expenses caused by applicant.
Civil procedure – Withdrawal of suit by chamber application – Applicant had received offer of relief prior to suit withdrawal – Award of costs to respondent for avoidable expense caused by applicant’s procedural conduct.
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25 November 1991 |
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Withdrawal of suit allowed and costs awarded to respondent because the applicant’s late, costly discontinuance caused avoidable expense.
Civil procedure – Withdrawal/discontinuance of suit – Appropriate procedure to discontinue and notification to registrar; Costs – costs follow conduct where party’s late or costly discontinuance causes avoidable expense; Property custody – respondent’s offer to grant management relevant to costs but substantive ownership and mismanagement not determined.
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25 November 1991 |
| October 1991 |
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25 October 1991 |
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11 October 1991 |
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11 October 1991 |
| September 1991 |
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12 September 1991 |
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3 September 1991 |
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Court quashes convictions due to non-cognate charge and illegal default sentencing.
Criminal Law – Conviction without charge – Illegality of convicting on a non-cognate offence – Sentence exceeding statutory limits.
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3 September 1991 |
| August 1991 |
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30 August 1991 |
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20 August 1991 |
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Convictions for witchcraft lacked evidence support; sentences set aside and release ordered.
Criminal law – Witchcraft Act – evidence required for conviction under sections 5 (1) for possession of articles and section 3 (1) for the practice of witchcraft – procedure in sentencing multiple counts.
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20 August 1991 |
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Court declared counter-claimant beneficial owner under resulting trust and set aside fraudulent re-transfer, ordering re-registration.
Trusts and equitable remedies – resulting trust where purchaser provides consideration but title taken in another's name – duties of trustee (loyalty, preservation, accounting) – fraudulent re-transfer null and void – equitable declaration of beneficial ownership and order to register title.
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7 August 1991 |
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Amendment imposing minimum sentence not applicable to offense committed prior to its commencement date.
Criminal Law – sentencing – application of amendments – retrospective application of sentencing guidelines – minimum imprisonment terms.
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7 August 1991 |
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Witchcraft convictions quashed due to insufficient proof of witchcraft practices or related articles.
Criminal law - Witchcraft Act - Invalid conviction - Lack of evidence for articles used in witchcraft - Misapplication of witchcraft practices.
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6 August 1991 |
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2 August 1991 |
| July 1991 |
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Review of improper child witness procedure and sentencing in an assault conviction.
Criminal law – evidence of a child witness – requirement for voire dire – definition of 'bodily harm' – legality of default sentencing terms.
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22 July 1991 |
| May 1991 |
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Court set aside a judgment found to be obtained by misrepresentation and ordered a new trial, each party to bear own costs.
Civil procedure — Review of judgment — Order 42 Rule 1 and Section 83 Civil Procedure Act — Review permissible where judgment obtained by fraud or fundamental illegality — Ex parte judgment — improper procurement, misrepresentation or half-truths — res judicata (Section 7) examined where earlier judgment exists — remedy: set aside and rehearing ordered.
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28 May 1991 |
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24 May 1991 |
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Court set aside ex parte judgment after discovery of a prior judgment and finding misrepresentation, ordering a new trial.
Civil procedure — Review — Order 42 Rule 1 and Section 83 — Discovery of prior judgment as ground for review; Res judicata (Section 7) — scope where parties differ; Ex parte judgments — setting aside for fraud/misrepresentation; Court’s inherent powers and public policy; New trial ordered; Costs.
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16 May 1991 |
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9 May 1991 |
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7 May 1991 |
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6 May 1991 |
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Conviction after a guilty plea without entering conviction and with illegal default imprisonment was quashed and sentence set aside.
Criminal procedure – Plea of guilty – statutory requirement to record admissions and enter conviction (s.122(2) MCA); improper remand for sentence without conviction; no written judgment required after guilty plea – obligation to allow mitigation. Criminal law – Mandatory compensation for adultery offences – failure to order compensation. Sentencing – Default imprisonment limits for fines under s.192(d) MCA (as amended).
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6 May 1991 |
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On revision the court set aside an unlawful six‑month default term and substituted the statutory seven‑day default imprisonment.
* Criminal law – Sentencing – Default imprisonment limits under section 192(d) Magistrates Courts Act 1970 (as amended) – Illegal sentencing corrected on revision. * Criminal procedure – Revision – High Court power to set aside and substitute unlawful sentences. * Evidence – Conviction for failing to prevent a fire upheld as supported by record.
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6 May 1991 |
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3 May 1991 |
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3 May 1991 |
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3 May 1991 |
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3 May 1991 |
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3 May 1991 |
| April 1991 |
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18 April 1991 |
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10 April 1991 |
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3 April 1991 |
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A guilty plea must be unequivocal, and default sentences must comply with statutory limits.
Criminal Law – Plea of guilty – Whether a vague plea can be cured by facts – Default sentence legality.
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2 April 1991 |
| March 1991 |
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Review addresses sentencing legality and improperly admitted child witness evidence in theft and shop breaking conviction.
Criminal law – Conviction for shop breaking and theft – Confirmation of sentence requirements – Legal admission of child witness evidence – Default sentence legality.
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25 March 1991 |
| February 1991 |
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26 February 1991 |
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20 February 1991 |
| January 1991 |
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29 January 1991 |
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25 January 1991 |
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17 January 1991 |
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12 January 1991 |
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Amendment can cure date/statutory-notice defects and pleaded imprisonment may exempt a claim from limitation.
Civil procedure – amendment of pleadings; statutory notice to Attorney General for suits against Government; limitation periods for actions founded on tort against Government; disability (imprisonment) as ground to extend limitation; pleading requirements under Order 7 rule 6.
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1 January 1991 |