|
Nukuu
|
Tarehe ya hukumu
|
| Disemba 2020 |
|
|
Locus standi – trade unions – constitutionally vested authority to sue – Board of Trustees’ exclusive mandate – proceedings instituted by one without authority are nullities – appellate revisional powers to nullify and dismiss appeal.
|
18 Disemba 2020 |
|
Defamation — elements: defamatory words, reference to claimant, publication; Allegations by a third party made while intoxicated may not be defamatory if they do not lower reputation; Hearsay inadmissible — Evidence Act ss.61–64; Qualified privilege for communications among employer/management; Appellate re‑evaluation of evidence and findings.
|
18 Disemba 2020 |
|
Labour law – assessors – section 83(2)-(3) Labour Relations Act – absence of an assessor does not automatically vitiate proceedings where continuation permitted. Evidence – admissibility – annexures to pleadings are not evidence; documents must be tendered and admitted as exhibits before reliance in judgment. Natural justice – right to be heard – reliance on untendered material condemns a party unheard and vitiates proceedings. Procedural remedy – appellate revisional powers (s.4(2) AJA) to nullify proceedings and order retrial.
|
18 Disemba 2020 |
|
Criminal procedure – Bail – Scope of section 371(1) CPA – High Court’s power to grant bail pending appeal limited to cases where High Court sits in appellate jurisdiction; conflict between judges of same court – equal jurisdiction and impropriety of one judge adopting another’s order made in different context; functus officio and effect on pending bail applications; appellate revisional powers to order trial to proceed.
|
17 Disemba 2020 |
|
Employment law – Termination – Redundancy vs dismissal – Requirement to comply with Employment Act s.121(2); Public Investment Act s.11(5) – staff regulations required; Civil procedure – framing of issues under Order XVI(1)(5) – omission fatal where parties not agreed.
|
16 Disemba 2020 |
|
Appeal — leave to appeal — requirement under s.5(1)(c) AJA and Rule 96(2)(a) — defective leave where dates/documents inconsistent — amendment and overriding objective cannot supply non-existent leave — appeal struck out with costs.
|
14 Disemba 2020 |
|
Maritime law – maritime lien – limitation period under section 92(1) of the Maritime Transport Act 2006 – one‑year extinction of lien; exception under s.92(2) (suspension where lien‑holder legally prevented from arresting vessel) not established. Pleadings – interpretation of "the defendants and each of them" permits individual or joint liability. Civil procedure – proof required to invoke suspension of limitation periods.
|
14 Disemba 2020 |