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Citation
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Judgment date
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| December 2017 |
|
|
|
8 December 2017 |
|
|
7 December 2017 |
| November 2017 |
|
|
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27 November 2017 |
|
|
13 November 2017 |
|
|
3 November 2017 |
| July 2017 |
|
|
Extended retention and use of goods amounts to acceptance, defeating later rejection and recovery of the purchase price.
Sale of Goods Act (Act 137) – Sections 13, 26(2), 49 and 50 – Implied conditions as to quality and fitness – Latent versus patent defects – Acceptance by retention and transfer of property – Right to reject and effect of expired warranty
|
27 July 2017 |
|
|
26 July 2017 |
|
|
26 July 2017 |
|
|
26 July 2017 |
|
|
26 July 2017 |
|
Suspension of non-executable lower court orders requires both a nugatory effect and exceptional circumstances; nugatory effect alone is insufficient.
Civil procedure — suspension of orders — non-executable orders — nugatory effect plus exceptional circumstances required — stay of execution — appellate jurisdiction — non-pre-emption of pending appeal
|
20 July 2017 |
|
|
13 July 2017 |
|
Failure to apply Amartey/Lutterodt tests and reliance on mere presence led to quashing of conspiracy and attempted robbery convictions.
Criminal law – 'oath against oath' – application of Amartey and Lutterodt tests; conspiracy – mere presence insufficient to infer agreement; standard of proof – beyond reasonable doubt
|
5 July 2017 |
| June 2017 |
|
|
|
22 June 2017 |
|
|
22 June 2017 |
|
|
22 June 2017 |
|
Writ is void where plaintiff sues on behalf of undisclosed foreign investors and their addresses are omitted from the writ endorsement.
Civil procedure – Order 2 r.4(2) C.I.47 – Endorsement of writ – Mandatory disclosure where plaintiff sues on behalf of foreign persons – must state foreign status and addresses on writ; failure renders writ a nullity
Capacity to sue – must exist at issuance of writ; substitution or later amendment cannot cure lack of capacity
Order 81 – curative powers limited; cannot validate a fundamentally void writ
|
21 June 2017 |
|
|
15 June 2017 |
|
|
14 June 2017 |
|
|
14 June 2017 |
|
|
14 June 2017 |
|
|
14 June 2017 |
|
|
14 June 2017 |
| May 2017 |
|
|
|
31 May 2017 |
|
|
31 May 2017 |
|
|
31 May 2017 |
|
|
31 May 2017 |
|
|
11 May 2017 |
|
|
10 May 2017 |
| April 2017 |
|
|
|
27 April 2017 |
|
|
11 April 2017 |
|
Delivery occurs on loading; unsigned delivery notes are evidentiary only and carrier/principal remains liable for agent’s acts.
Contract and carriage of goods – bailment – delivery deemed upon loading – driver’s signature evidentiary only; agency and vicarious liability; privity of contract after fleet rationalisation; failure to sign delivery notes not fatal where loading and possession are proved
|
6 April 2017 |
|
|
6 April 2017 |
|
|
6 April 2017 |
| March 2017 |
|
|
|
29 March 2017 |
|
|
23 March 2017 |
|
|
14 March 2017 |
| February 2017 |
|
|
|
22 February 2017 |
|
Appeal dismissed: will validly executed with two witnesses; testator was compos mentis; Court of Appeal had jurisdiction.
Wills Act (Act 360) – Due execution and attestation – Testamentary capacity – Appellate review where trial judge’s findings are perverse – Jurisdiction of Court of Appeal on withdrawal and re-filing of notice of appeal – Role and evaluation of expert (forensic) evidence
|
22 February 2017 |
|
Validity of a will, testator's testamentary capacity, and whether leave was required to withdraw and refile an appeal.
Wills Act s.2 — formal execution and attestation of wills; testamentary capacity (compos mentis); burden and shift of proof in contested probate; appellate review for weight and perversity of findings; jurisdictional effect of withdrawal and refiling of notice of appeal; evaluation and weight of expert (forensic) opinion
|
22 February 2017 |
|
|
1 February 2017 |
| January 2017 |
|
|
|
31 January 2017 |
|
|
26 January 2017 |
|
|
26 January 2017 |
|
|
26 January 2017 |
|
|
26 January 2017 |
|
|
25 January 2017 |
|
|
25 January 2017 |
