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Citation
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Judgment date
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| November 2023 |
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17 November 2023 |
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Supreme Court upheld consecutive cumulative sentences and compensation, finding sentencing discretion properly exercised.
Criminal law — sentencing — mitigation and aggravating factors; credit for remand time; consecutive v concurrent sentences under Trial on Indictment Act; appellate review in second appeal; compensation for stolen property.
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15 November 2023 |
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10 November 2023 |
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7 November 2023 |
| October 2023 |
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24 October 2023 |
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24 October 2023 |
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19 October 2023 |
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Illegality of a mortgage does not extinguish the underlying loan; guarantees and lender's counter-claim remain enforceable.
Banking and contract law – loan facility versus security – illegality of mortgage does not extinguish debt; guarantor liability independent and enforceable; consent/admission judgments based on parties' agreement not appealable; allegations of breach of facility require clear contractual and evidentiary support.
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13 October 2023 |
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Illegality of a mortgage does not extinguish the loan; guarantees enforceable and appeal dismissed.
Banking and contract law – distinction between loan facility and security; illegality of a mortgage does not extinguish the underlying debt; ex turpi causa inapplicable to separate loan obligation; judgment on admission/consent judgments arising from parties' agreement; banker-customer obligations regarding letters of credit, account management, interest revisions and foreign currency conversions; enforceability of independent personal guarantees.
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13 October 2023 |
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13 October 2023 |
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13 October 2023 |
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13 October 2023 |
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DNA, identification and detainee-confessions corroborated the circumstantial case; convictions affirmed and concurrent 30-year terms imposed.
Criminal law – second appeal standards; DNA evidence and chain of custody; identification evidence and conditions for reliable ID; admissibility and weight of confessions made to fellow detainees; circumstantial evidence standards; sentencing and effect of remand time precedent.
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12 October 2023 |
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12 October 2023 |
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12 October 2023 |
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5 October 2023 |
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5 October 2023 |
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Review refused: special certificate cancelled for registrar's error; fraud-based cancellation requires court action, proprietorship unaffected.
Land law — s.91 Land Act — special certificate of title issued in error — Registrar's power to cancel; fraud versus error — fraud-based impeachment of title reserved to courts under RTA ss.59,77,176–177; review and slip rule — limits of inherent jurisdiction of final court.
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5 October 2023 |
| September 2023 |
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20 September 2023 |
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15 September 2023 |
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Lodging an objection and paying 30% does not suspend penal tax under VATA; penal interest accrues from the due date.
* Tax law – Value Added Tax Act s.65(3) – penal tax (interest) accrues on unpaid VAT from due date; no suspension by lodging objection absent clear statutory provision.
* Tax Appeals Tribunal Act s.15(1) – payment of 30% is procedural for access to TAT, not a statutory stay of penal tax.
* Statutory interpretation – taxing statutes construed strictly; courts may not read in suspensive effect by intendment.
* Successor liability – purchaser who assumes liabilities remains liable for assessed tax and penalties.
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12 September 2023 |
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Penal interest under VATA accrues from the due date despite TAT objections; no refund of penal interest was ordered.
Tax law – Value Added Tax Act s.65(3) and Fifth Schedule – penal tax as interest – accrual from due date; Tax Appeals Tribunal Act ss.14 & 15(1) – procedural payment of 30% does not suspend penal tax; statutory interpretation – taxing statutes require clear words; courts cannot imply suspension of tax liabilities.
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12 September 2023 |
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12 September 2023 |
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A party may not raise an unpleaded easement claim on second appeal; access‑road disputes are governed by the Access to Roads Act.
Easement/Footpath – whether a long‑used footpath can be relied on as an easement when not pleaded; Access to Roads Act – statutory procedure for creating access roads; Pleadings – prohibition on raising new causes of action on appeal; Private nuisance – obstruction of alleged access when no lawful easement exists; Concurrent findings of fact on second appeal.
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12 September 2023 |
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12 September 2023 |
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Whether a written seven‑day application to the Registrar initiates a timely taxation reference under Rule 106(5).
Civil procedure — Taxation references — Rule 106(5): written application to Registrar within seven days constitutes timely initiation of a reference; Rule 106(5) prescribes timelines for application but not for filing the certified record of reference; filing of record after Registrar certifies proceedings is permissible.
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12 September 2023 |
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6 September 2023 |
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Second appeal dismissed: applicant found to be an adult and both conviction and 26 years 4 months sentence upheld.
* Criminal law – second appeal – duty of first appellate court to re-evaluate evidence and reach independent conclusion; standards for interfering with factual findings.* Children Act – determination of age – section 107 inquiry and admissibility of medical evidence.* Evidence – medical report admitted under Section 66 Trial on Indictments Act and weight of such evidence when unchallenged.* Sentencing – appellate review limited; severity of sentence reviewable only on a point of law; aggravating factors and remand deduction.
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6 September 2023 |
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Whether the appellant was a child at the time of the offence and whether the sentence was excessive — both issues upheld against the appellant.
Criminal law – determination of age of accused; admissibility and weight of medical evidence under Section 66 Trial on Indictments Act; assessment and rejection of contested birth document; appellate re-evaluation of evidence; sentence review – legality, aggravation, and remand credit.
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6 September 2023 |
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6 September 2023 |
| August 2023 |
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11 August 2023 |
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9 August 2023 |
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8 August 2023 |
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8 August 2023 |
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8 August 2023 |
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Applicant’s serious medical condition and likely appellate delay constituted exceptional circumstances warranting bail pending appeal.
* Criminal procedure – Bail pending appeal – exceptional circumstances required – serious medical condition and prison facility unsuitability can constitute exceptional circumstances.
* Criminal procedure – Factors for bail pending appeal – Arvind Patel criteria: character, first offender status, absence of personal violence, appeal not frivolous, delay, compliance with bail conditions.
* Evidence – Medical report – "not conducive" prison conditions sufficient to show inability to adequately care for serious illness.
* Constitutional law – Right to appeal and presumption underlying appellate review not extinguished by confirmed conviction alone.
* Sureties – Adequacy and non-discrimination in selection of sureties.
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3 August 2023 |
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Serious medical condition and prison inadequacy can constitute exceptional circumstances justifying bail pending appeal.
* Criminal procedure – Bail pending appeal – exceptional circumstances required – medical condition and prison facility suitability as exceptional ground; prior compliance with bail, family ties, sureties and delay in hearing appeals relevant factors – conviction confirmation not determinative. * Evidence – medical report construed in context; "not conducive" suffices to show inadequate prison treatment. * Constitutional law – right to appeal and liberty pending appellate review.
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3 August 2023 |
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Bail pending appeal granted where medical report showed prison unsuitable for applicant and delay risk existed.
Criminal procedure – Bail pending appeal – Arvind Patel criteria – Exceptional circumstances – Medical report stating prison conditions "not conducive" sufficient – Risk of delay due to backlog – Conviction and compensation order not automatic bar to bail – Sureties must be substantial but need not share nationality.
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3 August 2023 |
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2 August 2023 |
| July 2023 |
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27 July 2023 |
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25 July 2023 |
| June 2023 |
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6 June 2023 |
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6 June 2023 |
| May 2023 |
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31 May 2023 |
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16 May 2023 |
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16 May 2023 |
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5 May 2023 |
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5 May 2023 |
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Registrar erred in allowing duplicate and excessive taxed costs; instruction fees and several items reduced or set aside.
Taxation — Same counsel for multiple parties — Paragraph 17 Third Schedule — single bill requirement and taxing officer’s duty to disallow unnecessary duplicate costs; Taxation — Instruction fees — ‘amount involved in the appeal’ must be an issue in the appeal; excessive fees and interlocutory fees reviewable; Taxation — Drawings, copies, attendances and perusals ordinarily subsumed under instruction fees; Disbursements — receipts required; VAT — VAT certificate required before award.
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5 May 2023 |
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A single bill must be used where counsel represents multiple parties; excessive instruction fees, certain drawings, disbursements and VAT awards were set aside.
Civil procedure — Taxation of costs — Paragraph 17, Third Schedule (same advocate for multiple parties) — single bill requirement and taxing officer's duty to assess necessity of separate proceedings; Taxation — principles for instruction fees — amount ‘involved in the appeal’ defined by issues actually before the appellate court; Disbursements and VAT — receipts and VAT registration certificate required before allowance.
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5 May 2023 |
