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Citation
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Judgment date
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| February 1909 |
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Reported
Liquor Law.-Trapping.-Corroboration.-Marked money. |
2 February 1909 |
| January 1909 |
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Reported
lnterdict.-Cession.-Personal action.-Principal and agent. |
16 January 1909 |
| November 1908 |
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Reported
Practice.-Pleading.-Prescription.-Admission. |
23 November 1908 |
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Reported
An insolvent’s suretyship without consideration is void under section 83; proof of debt set aside, section 86 inapplicable.
Insolvency law – Void alienation – Section 83: endorsements/suretyship by insolvent without valuable consideration are voidable where liabilities exceed assets; Section 86 (ordinary course of business) does not shelter such transactions; burden on creditor to prove consideration; proof of debt set aside.
|
16 November 1908 |
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Reported
Libel.-Public man.-Damages |
4 November 1908 |
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Reported
Insolvency.- Voluntary surrender.-Sec. 8 of chap. 104.-Mortgage
creditor.-" Free residue."-Liability of estate for costs of obtaining
surrender. |
2 November 1908 |
| October 1908 |
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|
Reported
Practice. -Pleading.-Exception.-Declaration.-Damages for breach of contract.-Specific performance. |
2 October 1908 |
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Reported
Practice.-Pleading.-Exception.-Declaration.-Cause of action. |
2 October 1908 |
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Reported
Practice.-Intervention.-Joining of co-defendant.-Interest sufficient. |
1 October 1908 |
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Reported
Criminal proQedure. - Review. - Ordinance 38 of 1903, sec. 6. - Remittal to district other than that in which preparatory examination taken.-Jurisdiction of magistrate. |
1 October 1908 |
| August 1908 |
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Reported
Spoliation.-Jus retentionis.-Possession for particular purpose. |
18 August 1908 |
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Reported
Practice.-Security for costs.-Natural guardian.-Insolvency. |
15 August 1908 |
| July 1908 |
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Reported
Agency.-Conveyance.-Forged power of attorney.-Mortgage bond.Liability of conveyancer. |
31 July 1908 |
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Reported
Pound Law.-Contract.-Trespass. |
9 July 1908 |
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Reported
Practice.-Pleading.-Special plea.-lrrelevancy. |
3 July 1908 |
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Reported
Practice.-Pleading.-Exception.-Plea.-Irrelevant matter.-Reply to allegations in declaration. |
3 July 1908 |
| June 1908 |
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Reported
Practice.-Pleading.-.Declaration vague and embarrassing.-Exception.- Setting aside proof of debt. |
23 June 1908 |
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Reported
Husband and wife. - Judicial separation. - Motion. - Warrant of attorney to sue.-Filing fee.-Fee of office |
19 June 1908 |
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Reported
Oontempt of court.-Executor.-Failure to file satisfactory/account.- Imprisonment |
15 June 1908 |
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Reported
Husband and wife.-Antenuptial contract.-Registration.-Appeal. |
15 June 1908 |
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Reported
Practice. - Magistrate's court judgment. - Execution. - Fiduciary's rights in immovable property |
15 June 1908 |
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Reported
Arrest,-Ordinance 1 of 1906, sec.1.-Security to abide and perform judgment.-Rules 17 and 171. |
4 June 1908 |
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Reported
Will. -Legacy.-Abatement.-Debt.-Release |
1 June 1908 |
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Reported
Provisional sentence.-Defence.-Deed of assignment. Repudiation.Presentment.-Costs. |
1 June 1908 |
| May 1908 |
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Reported
Practice.-Dissolution qf marriage.-Receivers and liquidators of joint estate.-Liquidation and distribution account confirmed.-Pro rata share to creditors. |
15 May 1908 |
| April 1908 |
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Reported
Proctice.-Magistrate's coourt judgment.-Executin on rights to property not yet accrued. |
14 April 1908 |
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Reported
Practice.-Removal of case from roll.-Absolution from the instance. |
10 April 1908 |
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Reported
Insolvency. - Undue preference. - Contemplation of sequestration. - Intention to prefer.-Secs. 84 and 86 of chap. 104 of the Law Book, and sec. 11 of Law 14 of 1899. |
7 April 1908 |
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Reported
Libel.-Justifi,aation.-Publia benefit. |
6 April 1908 |
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Reported
Practice.-Pleading.-Plea in bar.-Minority.-Emancipation.-Costs |
1 April 1908 |
| March 1908 |
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|
Reported
lnsolvency.-Trustee.-Appointment by Master of Court, Basutoland.Process in aid.-Recognition by High Court. |
31 March 1908 |
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Reported
Liquor Law.-Appeal.-Secs. 42 and 43 of Ordinance 8 of 1903.Coloured person.-Kafir beer (jnala).-Obtain.-Ejusdem generiousis constuction. |
24 March 1908 |
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Reported
Company.-Confirmation of liquidation and distribution account.Dissolution under sec. 30 of A.ct 2 of 1892.-Mortgage bond.Power to insert general clause.-Preferent costs.-Destruction of books. |
19 March 1908 |
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Reported
Practice. -Pleading. -Exception to declaration. -Slander. Defamatory interpretation. |
19 March 1908 |
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Reported
Master and servant. -Appeal. -Ternporary illness. - Dismissal. - Acquiescence.-.Damages. |
3 March 1908 |
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Reported
Promissory note.-Sureties.-Insolvency of principal debtor before due date. |
3 March 1908 |
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Reported
Liquor Law.-License.-Days of grace.-Sale of liquor during prohibited hours.-Retrospective effect of license.-Review.-Sec. 6 of Ordinance 38 of 1903. |
2 March 1908 |
| February 1908 |
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Reported
Liquor Law. - .Appeal. - Licensed holder.-Ordinance 8 of 1903. - Splitting of charges.-Evidence of license. |
15 February 1908 |
| January 1908 |
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Reported
Criminal procedure.-Review.-Ordinance 7 of 1904.-Master |
18 January 1908 |
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Reported
Practice.-.Magistrate's court judgment.-.Execution on funds in hands of third party. |
15 January 1908 |
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Reported
Criminal procedure.-Review.-Ordinance 10 of 1903, secs. 33 and 34. -License.-Medical practitioner.-Ordinance I of 1904, sec. 22 Registration.-Gratuitous practice. |
15 January 1908 |
| December 1907 |
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Reported
Elections.-Parlimentary.-Election petition.-Personation.-Bribery.-Treating.-Undue influence.-Canvassing by paid agents. |
19 December 1907 |
| November 1907 |
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Reported
Whether a statutory repeal provision can be construed to invalidate municipal by‑laws enacted after the statute that duplicate its offences.
Municipal by‑laws – Ultra vires – Implied repeal – Whether a statutory repeal provision (s.2 of Police Offences Ordinance) can invalidate bye‑laws enacted after the statute that operate concurrently – Interpretation of "repeal" and legislative intent.
|
15 November 1907 |
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Reported
A statute requiring district permits for incoming stock cannot be expanded by courts to cover border crossings absent clear wording.
Statutory interpretation – construction of "district" – permit for moving stock from outside borders – limits on expanding criminal liability by strained statutory interpretation.
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15 November 1907 |
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Reported
Criminal procedure.-Appeal.-Theft by convirsion |
15 November 1907 |
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Reported
Newspaper editor’s publications about a sub judice criminal matter constituted contempt and warranted censure.
Contempt of court – Publications concerning a sub judice criminal matter – Report of public meeting and leading articles endorsing slanders – Editorial adoption of statements as own conduct constitutes interference with course of justice – Intention to defend reputation not a defence – Censure and warning to press.
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14 November 1907 |
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Reported
A person may not nominate himself as a parliamentary candidate; nomination requires separate proposer and seconder.
Elections — Nomination — Whether a person may nominate himself under s.38(1), Schedule II of the Letters Patent — Interpretation of 'proposed' and 'nominated' in parliamentary usage — Returning officer's refusal lawful.
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12 November 1907 |
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Reported
Applicant entitled to divorce where respondent serving life imprisonment; custody awarded to applicant; remarriage permitted if freed.
* Divorce — imprisonment for life as ground for divorce — grant of decree where respondent admits facts. * Application for postponement pending possible pardon — request refused. * Custody of minor children awarded to applicant.
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11 November 1907 |
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Reported
An admitted law‑agent is not entitled to have costs taxed by the High Court Registrar under Rule 106.
Costs — Taxation — Admitted law‑agent — Rule 106 (High Court Rules) does not entitle admitted agents to taxation by Registrar — Administration of Justice Ordinance (4 of 1902) limits who may practise before High Court — Court cannot grant privileges not conferred by statute.
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5 November 1907 |
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Reported
Leave granted to attach immovable property to satisfy a resident magistrate's judgment despite prior nulla bona return.
Execution — Attachment of immovable property to satisfy resident magistrate's court judgment after a nulla bona return — Writ issued prevents superannuation (s.79 Schedule B, Ordinance 7 of 1902; High Court Rule 63).
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5 November 1907 |