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Citation
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Judgment date
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| March 2005 |
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Applicant’s chamber application dismissed for non-urgency, procedural non-compliance, and available remedy under Electoral Act section 167.
Electoral law — urgency — self-inflicted delay; Procedural compliance — review proceedings under Order 33; Rule 4C — departure from rules requires application; Electoral Act s167 — petition to Electoral Court as alternative remedy; Disputed facts requiring viva voce evidence
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23 March 2005 |
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Application to compel further particulars dismissed for procedural non‑compliance and failure to show necessity of particulars.
Civil procedure – further particulars – applicant must show embarrassment to plead without particulars; Order 21 Rules 138, 141 and 142(b) – procedure for exceptions and for compelling particulars; Rule 4C – condonation for departure from rules; procedural non‑compliance fatal.
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9 March 2005 |
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Appellate court increased suspended portion of sentence for public violence, balancing aggravation and mitigation while respecting sentencing discretion.
Criminal law – Public violence – sentencing – aggravating factors (weapons, assault, disarming public official, damage to property, multiple participants) – mitigation and individualisation of sentence – appellate interference with sentencing discretion – suspension of sentence period.
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9 March 2005 |
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Bail denied due to real risks of abscondment, evidence/witness interference, and further serious offending.
Bail pending trial — risk of abscondment; interference with evidence or witnesses; likelihood of further offences; seriousness of armed robbery; prior convictions; use of false vehicle registration.
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9 March 2005 |
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Bail refused where serious armed robbery and vehicle theft charges created real risks of absconding and reoffending.
Bail application; risk of absconding; risk of committing further offences; armed robbery; motor-vehicle theft; seriousness of offences; identification parade; accomplice implication; s116(7)(c) Criminal Procedure and Evidence Act.
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9 March 2005 |
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Bail refused where applicant’s pending similar charges, association with accomplices, and risk of further offences made him unsuitable.
Criminal procedure – Bail application – Risk of abscondment; risk of committing further offences; interference with witnesses/evidence; propensity evidenced by pending similar charges; association with accomplices; s116(7)(c) Criminal Procedure and Evidence Act.
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9 March 2005 |
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Self-created fundraising delay does not justify urgent interdict postponing nomination court; application dismissed with costs.
Electoral law – nomination court and election proclamation – urgency – self‑created urgency from fundraising delay – requirement to show cause of action and clear right – citing the President in official capacity.
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9 March 2005 |
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Applicant failed to show reasonable prospects of success or absence of abscondment risk; bail pending appeal refused.
Criminal procedure — Bail pending appeal — Onus on applicant; presumption of innocence not operative — Reasonable prospects of success on appeal — Credibility findings and sentencing discretion — Cautionary rule not required in child sexual offence cases — Risk of abscondment.
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3 March 2005 |
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Whether an inter vivos donation to the respondent can be set aside for lack of animus donandi and gross ingratitude.
Family law – inter vivos donation between spouses – animus donandi; undue influence and revocation for exceptional circumstances (gross ingratitude, ill-treatment) – setting aside donation; division of matrimonial assets under s7 Matrimonial Causes Act.
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2 March 2005 |