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Citation
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Judgment date
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| March 2015 |
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Leave to appeal refused where application was time-barred, lacked pleaded grounds and showed dilatory conduct.
Civil procedure — leave to appeal — requirement to demonstrate prima facie grounds or reasonable prospects of success — mandatory time limits (14 days) — dilatory conduct and failure to serve respondent — leave refused
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31 March 2015 |
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Labour and Employment Law|Compulsory Retirement
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30 March 2015 |
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Board’s supervisory disciplinary action and referral to the Ministry were lawful; judicial review claim dismissed and costs awarded.
Administrative law — Judicial review of school Board actions — Illegality, irrationality and procedural impropriety — Board’s supervisory role under Education Act — Suspension pending investigation — Right to a hearing (audi alteram partem) — Ultra vires challenge to Board composition
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27 March 2015 |
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Applicant’s challenge to disciplinary reprimand and transfer failed for lack of illegality, irrationality or procedural impropriety.
Judicial review — grounds: illegality, irrationality (Wednesbury unreasonableness), procedural impropriety; Public Service Standing Orders — disciplinary procedure and warnings; Natural justice — right to be heard (audi alteram partem); Re-designation/transfer within service — not a demotion if substantive terms preserved; District Service Commission powers and procedure
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26 March 2015 |
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Applicant granted temporary injunction to prevent sale of disputed land pending trial due to risk of irreparable loss.
Civil procedure — Temporary injunction — American Cyanamid principles (prima facie case; irreparable harm; status quo; balance of convenience) — Land dispute — Alleged fraudulent transfer — Failure to file WSD/affidavit
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24 March 2015 |
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Payment in lieu of notice under an employment contract upheld; plaintiff’s wrongful termination claim dismissed after acceptance of payment.
Employment law – Termination by notice or payment in lieu – Contractual clause permitting payment in lieu upheld; employer’s burden to prove reasons for dismissal (Employment Act s.68(1)) – Acceptance of payment in lieu as evidence negating wrongful dismissal claim
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24 March 2015 |
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The plaintiff injured at work was awarded Workmen's Compensation and damages for wrongful summary dismissal.
Employment law — wrongful summary dismissal — failure to give termination letter or notice; Workmen's Compensation Act — scheduled disease (bursitis) — compensation for permanent incapacity; damages — special and general; interest and taxed costs
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24 March 2015 |
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Whether the applicant's land claim was time‑barred under Limitation Act s.5 and whether the trial court misassessed evidence.
Limitation Act s.5 – accrual of cause of action and disability; land possession disputes – proof of title, agreement of sale and boundaries; appellate review of credibility and factual findings; alleged judicial bias
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23 March 2015 |
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Ex parte dismissal set aside where counsel's negligence and applicant's explanation constituted sufficient cause to reinstate the suit.
Civil procedure – dismissal for want of prosecution (O.9 r.22) – setting aside ex parte judgment (O.9 r.27) – sufficient cause – negligence of counsel not necessarily fatal to applicant – failure to evaluate explanations – miscarriage of justice
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20 March 2015 |
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Appellant failed to prove the sale agreement or possession; trial court correctly found respondent a bona fide purchaser.
Property dispute — Burden of proof — Alleged sale agreement lacking signatures — Failure to call vendor and witnesses — Section 101 Evidence Act — Bona fide purchaser — Locus in quo not raised at trial
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19 March 2015 |
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Whether LC III could rehear evidence and visit the locus and whether the Chief Magistrate failed in supervisory role.
Local Council Courts Act s32(1)(b), s34; Local Council Regulations r65(5) – LC III appellate jurisdiction to call witnesses, receive fresh evidence and visit locus; supervisory powers of Chief Magistrate invoked only while LC court is seized; revision under s83 CPA requires failure/excess/material irregularity
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17 March 2015 |
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Whether counsel may act as witness and whether an unenrolled person may recover advocate’s fees; application dismissed.
Advocates — Professional Conduct — Counsel as witness — Regulation 9; Commissioner for Oaths — Rule 7; Affidavits in reply — propriety; Civil Procedure O.19 r.3(1); Evidence by non-party — supplementary affidavit; Advocates Act — enrolment and practising certificate — illegality of practice before enrolment — effect on recovery of fees; Advocate-client bill — taxation and judgment
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17 March 2015 |
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Substituted service without due diligence can render an ex parte judgment liable to be set aside, subject to security for costs.
Civil procedure — Setting aside ex parte judgment — Substituted service (O.5 r.18) — Requirement of due diligence — Plausible/bonafide triable defence — Security for costs
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13 March 2015 |
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Appellant demonstrated landlord–tenant relationship and was denied a fair hearing; appeal allowed and matter remitted for rehearing.
Distress for rent; landlord–tenant relationship; locus standi; procedural fairness; inadmissible third‑party statements; summary proceedings
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13 March 2015 |
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Failure to afford the plaintiff a fair hearing rendered the dismissal null and entitled the plaintiff to damages.
Employment law — wrongful dismissal — right to fair hearing (Constitution Art.42; Employment Act s.66) — administrative dismissal during pending criminal proceedings — proof of forgery/signature evidence — remedy: general damages
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9 March 2015 |
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Summary dismissal unlawful where the respondent failed to afford the applicant a fair hearing and prove gross misconduct.
Employment law – Summary dismissal – requirement of proven fundamental breach/gross misconduct – statutory and constitutional right to fair hearing (Employment Act s66; Constitution) – insufficiency of disciplinary evidence – remedies for wrongful dismissal including payment in lieu of notice, general damages, interest and costs
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9 March 2015 |
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Claim against the Attorney General for property loss succeeded: negligence inferred, res ipsa loquitur applied, damages and costs awarded.
Tort — Negligence and vicarious liability; Res ipsa loquitur as evidential presumption; Limitation — accrual when plaintiff realises compensation will not be forthcoming; Frustration of contract; Quantum of damages and interest
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9 March 2015 |
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Dismissal without adequate particulars or hearing violated statutory and constitutional fair‑hearing rights; claimant awarded damages and withheld provident fund contribution.
Employment law — unfair dismissal — right to fair hearing (Section 66 Employment Act; Art. 42 Constitution) — failure to give particulars and disclose investigation report — unlawful termination — set-off of provident fund under mortgage deed — damages and interest
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3 March 2015 |