JUDGMENTS
Civil Appeal No. 16 of 2008
[Contract – as agent or principal – ratification of contract made without authority.
Commission – meaning of in contract. ]
Decision date: 16 May 2009
Civil Appeal No. 15 of 2008
[Equity – assignment of future income made for consideration – income payable under future contracts – effect of bankruptcy of assignor.]
Decision date: 16 May 2009
Civil Appeal No. 22 of 2009
[Judge’s interlocutory decision in plaintiffs’ favour on liability only. Leave to appeal necessary but leave not applied for at the appropriate time. Leave to appeal and leave to apply out or time granted on the appellants’ undertaking to pay the costs of any further appeal in the action. Appeal against liability and contributory negligence dismissed with costs. ]
Decision date: 7 May 2009
Civil Appeal No. 12 of 2008
[Judgment in default. Failure by Registrar to resolve contested issue of fact regarding service of writ. Judgment set aside.]
Decision date: 30 Nov 2008
Civil Appeal No. 14 of 2007
Civil Appeal No. 9 of 2008
[Leave to appeal – whether judgment final or interlocutory – meaning of final – principles applicable to leave. Summary judgment – principles applicable. Syariah law – relevance to financial facility. Whether summary judgment should be granted for money sum. Leave to amend the defence in reliance on section 75 of the Contracts Act. Whether summary judgment should be granted for declaration and amount to be assessed.]
Decision date: 27 Nov 2008
Civil Appeal No. 14 of 2007
[Plaintiff aged 9 years a passenger in motor vehicle accident. Severely injured causing serious life long disability. No evidence from which the judge could infer that he was not wearing seat belt. In any event inappropriate to find contributory negligence against child of this age. Future lifetime loss of earnings award not too speculative. Since Wells v Wells in H of L 18 years multiplier not too high. Child now settled in UK from Nepal. Future loss on U K scale appropriate. Tax ought to have been taken into account but judge could not do so in the absence of evidence. Future cost of care from mother not overlapped with general award for future care. Failure to plead particulars under Order 18 r 11 as required but defendant not taken by surprise and not prejudiced. Award of interest on special damages at 3% and on general damages for pain and suffering and loss of amenity at 6% from time of accident to date of judgment affirmed in this jurisdiction. Jefford v Gee considered. Appeal against judge’s
award dismissed.]
Decision date: 25 Nov 2008
Criminal Appeal No. 6 of 2006
[Possession of controlled drugs for the purpose of trafficking. Failure to give full consideration to defence evidence. Failure to allow prosecution witnesses to be
recalled for cross-examination as to credit. Conviction unsafe. Conviction quashed]
Decision date: 25 Nov 2008
Criminal Appeal No. 4 of 2008
Civil Appeal No. 23 of 2008
[Application for leave to appeal to Court of Appeal against order of judge adjournment an appeal from a Registrar. Approach of Court of Appeal to interference with a discretionary order.]
Decision date: 24 Nov 2008
Civil Appeal No. 13 of 2008
[Appeal against the Judge’s decision to refuse to make a garnishee order absolute. Not in dispute that the necessary facts for this debt of the judgment debtor to be attached are established. The judge’s approach in making his own decision on the evidence he heard is correct. A garnishee order absolute is discretionary. Judge exercised his discretion but his reasons were flawed. The court of appeal exercised the judge’s discretion anew and ordered the garnishee order to be made absolute. ]
Decision date: 24 Nov 2008
Criminal Appeal No. 6 of 2006
[Possession of controlled drugs for the purpose of trafficking. Failure to give full consideration to defence evidence. Failure to allow prosecution witnesses to be
recalled for cross-examination as to credit. Conviction unsafe. Conviction quashed]
Decision date: 24 Nov 2008
Criminal Appeal No. 7 of 2008
[Attempted rape contrary to s. 376(1) of the Penal Code. Plea of guilty. Proper starting
point for sentence]
Decision date: 24 Nov 2008
Civil Appeal No. 15 of 2007
[Civil appeal. Fatal accidents claim. The deceased cyclist riding erratically in same direction as the car driven by the defendant. Driver sounded horn to warn cyclist of his approach. Cyclist pulled in towards his nearside. When the driver was passing him he suddenly and without signal or warning rode to his right into the path of the car. The judge’s decision that the accident was entirely the fault of the cyclist upheld on appeal. The decision of the judge purely a question of fact]
Decision date: 22 Nov 2008
Civil Appeal No. 18 of 2007
[Intervention by Court of Appeal in order to resolve difficulties arising out of a refusal to order stay of a judgment which, if executed, would have involved payment of moneys in about the same amount as is involved in the counterclaim.]
Decision date: 20 Nov 2008
Civil Appeal No. 10 of 2008
[Motor vehicle collision. Whether insured person entitled to sue tortfeasor for full amount of damage after payment by her own insurance company of the majority of that amount. Duty to her own insurer if double indemnity results.]
Decision date: 20 Nov 2008
Criminal Appeal No. 6 of 2008
[Criminal appeal. Sentence. Disparity between sentences imposed on co-offenders by different courts on different occasions. A substantial and unacceptable
disparity between such sentences may be rectified only if that can be achieved without substituting a wholly inappropriate sentence for one which is appropriate]
Decision date: 20 Nov 2008
Civil Appeal No. 7 of 2008
[Failure by defence to make disclosure of videotape evidence until well into trial. Ambush tactics. Costs to be borne by defendant. ]
Decision date: 13 Nov 2008
Criminal Appeal No. 8 of 2008
[Offences of possession of military arms without a license and one offence of theft. Sentenced to 6 years imprisonment and 4 strokes on each possession charge and 2 years for theft. All sentences to run concurrently. Minimum sentence of 5 years and 3 strokes under Rule 2 17(1) of the Arms and Explosives Rules. Appellant assisted police to recover all the weapons and property and had no intention of using the weapons but others were involved. These offences involve public security and the total sentences upheld by the Court of Appeal agreeing with the reasons given for sentence by the judges]
Decision date: 8 Nov 2008
Criminal Appeal No. 5 of 2008
Criminal Appeal No. 13 of 2007
[Appeal against convictions for possession of Methylamphetamine and Cannabis, the former for the purpose of trafficking. Appellant and wife disbelieved. Failure to rebut presumptions of possession and purpose. Relevance of section 117 of Criminal Procedure Code]
Decision date: 4 Nov 2008
Criminal Appeal No. 14 of 2008
[Appellant (aged 33 and of previous good character) pleaded guilty to serious robbery of young woman. He punched her unconscious causing bruising of the face neck and body. Gold jewellery, 2 mobile phones, a digital camera and B$970 taken. Sentenced to 7 years imprisonment and 12 mandatory strokes under Sec 394 of the Penal Code. This involves a starting point of between 10 and 11 years which is manifestly too high. Starting point of 8 years with a third discount for early plea appropriate. Appeal allowed and sentence of 5 1/2 years imprisonment substituted with the mandatory 12 strokes]
Decision date: 4 Nov 2008
Civil Appeal No. 11 of 2007
[Quantum of general damages – pain and suffering and loss of amenities – nature of disability – whether plaintiff’s disability caused by accident – importance of evidence of expert – danger of admitting documentary opinion into evidence unless put to and accepted by expert witness.]
Decision date: 22 May 2008
Civil Appeal No. 9 of 2007
[Negligence – joint tortfeasors causing collision which caused plaintiffs’ injuries – plaintiffs entitled to recover from either tortfeasor – duty of following driver]
BUALI BUNYANG AND ORS v TAN JI MUI AND ANOR
COACV/9/2007
Decision date: 22 May 2008
Civil Appeal No. 9 of 2007
[Negligence – joint tortfeasors causing collision which caused plaintiffs’ injuries –
plaintiffs entitled to recover from either tortfeasor – duty of following driver]
Decision date: 22 May 2008
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