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Citation
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Judgment date
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| March 2004 |
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The appellant's late appeal was struck off for failing to seek condonation in Chambers and properly serve the respondent.
Civil procedure — Appeal noting time limits — Supreme Court (Miscellaneous Appeals and References) Rules 1975, rr.4–6 — Rule 5: 15-day notice — Rule 6: condonation by judge in Chambers only — requirement of service and opportunity to oppose — failure to comply; appeal struck off roll with costs.
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10 March 2004 |
|
An employer may lawfully terminate on notice where removal of director status does not amount to misconduct or retrenchment.
Labour law – termination on notice – application of registered Code of Conduct – section 1A SI 377/90 – prior ministerial approval not required where no misconduct alleged – withdrawal of director status not necessarily demotion or retrenchment
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1 March 2004 |
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A notice of appeal failing to state the relief sought is a nullity; appeal struck off the roll for non‑compliance with Rule 29(1)(e).
Civil procedure – summary judgment – factual dispute as to reasonableness of charges and existence of oral agreement – claim not sufficiently liquid; Appeals – defective notice of appeal – non‑compliance with Rule 29(1)(e) (no prayer/relief stated) renders notice a nullity – condonation/amended notice required – appeal struck off roll with costs
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1 March 2004 |
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A purchaser may seek transfer or payment of equivalent value without pleading cancellation when the seller cannot deliver.
Sale of immovable property — purchaser's remedies — specific performance (transfer) or alternative payment of equivalent value — no need to plead cancellation before claiming value — ascertainability of value — amendment of pleadings.
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1 March 2004 |
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Condonation granted where delay was not inordinate and appeal raised arguable jurisdiction, prescription and res judicata issues.
Civil procedure – condonation for late noting of appeal – delay not inordinate where record assembly caused delay; Labour law – jurisdiction and prescription – earlier related proceedings may raise res judicata and prescription issues; point of law may be raised on appeal without cross-appeal.
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1 March 2004 |