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Citation
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Judgment date
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| May 2002 |
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A resident voter has standing to challenge unlawful postponement of local elections and unlawful re-appointment of commissioners.
Administrative law – locus standi – resident voter/ratepayer standing to challenge failure to hold local elections; Local government – Urban Councils Act s80 – appointment and re-appointment of commissioners; Electoral Act (s103I, s103J, s103K) – timing and postponement of mayoral and councillor elections; Constitutional/municipal accountability – limits on executive avoidance of statutory elections; Civil procedure – court may raise standing mero motu when necessary.
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29 May 2002 |
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Tenant held liable for property damage; negotiated settlement by representative accepted as sufficient proof of damages.
Property law – liability for damage to leased premises – proof of damages – effect of tenant’s prevention of inspection – admissibility and sufficiency of negotiated settlement and payment voucher as proof of loss
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27 May 2002 |
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Debtor failed to prove post-judgment payments; default judgments stood and appeal was dismissed with costs.
Civil procedure – default judgment – debtor disputing account balances must enter appearance or apply for rescission; onus on debtor to prove payments; reconciliation of accounts; costs.
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27 May 2002 |
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Declaratory relief granted where disciplinary acts were null for lack of a mandatory written appointment of the designated officer.
Employment law – disciplinary procedure under registered Code of Conduct – mandatory written appointment of ‘Designated Officer’ – absence of written appointment renders suspension and disciplinary acts null and void – declaratory relief vs review time‑bar (Order 33 Rule 259)
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26 May 2002 |
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Rescission refused where applicants wilfully defaulted, gave no reasonable explanation, and lacked real prospects of success.
Civil procedure — Rescission of default judgment — Requirements: reasonable explanation for default; bona fide application; prospects of success — Service — Wilful default — Effect of criminal conviction on civil defence — Allegation of judicial bias without authority
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20 May 2002 |
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Whether claimed intoxication or provocation amounted to extenuating circumstances to avoid the death sentence for murders of wife and infant.
Criminal law — Murder — Defences of intoxication and provocation — Extenuating circumstances — Evidence and corroboration — Killing of infant — Sentence (death) upheld.
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19 May 2002 |
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730 days provided by the Notice are added to the contractual payment period, not the Schedule maximum; claim prescribed.
Hire-Purchase Act s 27(3) – "appropriate period" means the contractual payment period (not Schedule maximum); Hire-Purchase (Limitation of Time) (Variation) Notice SI 149/1984 – 730 days added to end of agreed payment period; prescription runs from completion of cause of action.
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19 May 2002 |
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A tribunal must require mitigation evidence before awarding full back-pay and related benefits for wrongful dismissal.
Labour law – wrongful dismissal – measure of damages – duty to mitigate – requirement to call evidence on reasonable period to obtain alternative employment – entitlement to bonuses, leave pay and long-service awards
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15 May 2002 |
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Appellate court upheld a High Court maintenance award, holding s27(3) Maintenance Act inapplicable to High Court orders.
Maintenance — s 27(3) Maintenance Act applies to magistrates' (maintenance) courts only — High Court maintenance orders enforced via inherent jurisdiction — maintenance awards assessed under s 7(1)(b) Matrimonial Causes Act — appellate interference with discretionary awards limited
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13 May 2002 |
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Whether an erroneous admission as to plaintiff identity may be withdrawn and the correct corporate plaintiff substituted and remitted for hearing.
Civil procedure — amendment of pleadings; withdrawal of admissions made in error; joinder/substitution of correct plaintiff; absolution from instance; appellate powers under s 22 Supreme Court Act
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8 May 2002 |
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Claimant proved title by transfer; unsupported allegations of negotiations or double sale did not defeat eviction, appeal dismissed with costs.
Property law – Eviction – Proof of ownership by transfer and registration – Insufficiency of bald averments and unsupported affidavits to raise genuine disputes of fact – Allegation of double sale fails where no prior sale to appellant.
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8 May 2002 |