01 February

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The Supreme Court of UK holds that for cases of curriculum vitae fraud, it would be appropriate, as a pragmatic approximation of the profit gained, simply to base it on the percentage difference between the fraudster’s initial salary in the new job obtained by fraud and the fraudster’s salary in his or her prior job

[ad_1] R v Andrewes [2022] UKSC 24 Supreme Court of the UK Lord Hodge, DP & SCJ; Lord Kitchin, Lord Hamblen, Lord Burrows & Lord Stephens, SCJJ August 18, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Criminal law-offences – fraud- fraud by false representation- where the respondent obtained a job by false representation of the information in his CV – where the respondent got two other job appointments resulting from additional false representation in his CV – where the respondent’s employment and the two appointments came to an end upon the emergence of truth- where the respondent pleaded guilty to one...

01 February

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The High Court of Uganda holds that once the law has created a statutory procedure to address a grievance, then it is deemed mandatory to exhaust that alternate procedure before trying to seek the court’s discretion in availing the same remedies under judicial review

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[ad_1] Charles Barugahare v Makerere University and 3 others 147 of 2020 High Court of Uganda Ssekaana Musa, J September 30, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Civil procedures-judicial review- application for judicial review as the appropriate remedy- what were the conditions for judicial review to be granted- Judicature Judicial Review (Amendment) Rules, 2019, rule 5; Universities and Other Tertiary Institutions Act, 2001, sections 50 and 57. Civil practice and procedure-judicial review- application for judicial review as the appropriate remedy- where the claimant had failed to exhaust other procedural remedies before approaching the court for the remedy of judicial review- whether the application...

01 February

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The Supreme Court of Canada holds that where condom use is a condition of the complainant’s consent to the sexual activity in question, it will form part of the sexual activity in question and the consent analysis under section 273.1 of the Criminal Code of 1985 on aggravated sexual assault

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[ad_1] K v Her Majesty The Queen and 7 Others 2022 SCC 33 Supreme Court of Canada Wagner, CJ & SCJ; Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal, SCJJ July 29, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Criminal law-offences- sexual assault- consent- where the complainant consented to sexual intercourse on condition that the accused wore a condom- where the complainant realized after intercourse that the accused failed to wear a condom -what analytical framework applied when a complainant agreed to sexual intercourse only if the accused wore a condom, and he instead chose not to wear...

01 February

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An award of disability retirement benefits for post-traumatic stress disorder and traumatic brain injury to a soldier who was once charged with an offence that could result in dismissal or punitive discharge does not prohibit changing the discharge certificate in order for it to be accurate and complete

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[ad_1] Robert LaBonte Jr v United States 21-1432 Court of Appeal of the United States Chen, Schall and Stoll, JJA August 12, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Military law- military crimes- desertion - absence without leave- a soldier absent from the base without leave- voluntary return to the base of a soldier who was absent without leave- where the appellant went absent without leave for six months- where the appellant voluntarily returned to his base and pleaded guilty to a charge of desertion in a court-martial proceeding and was separated from the army with a bad conduct discharge- where...

01 February

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The Court of Appeals of Maryland holds that whereas primary insurance attaches upon the happening of the occurrence that gave rise to liability, excess insurance (such as that provided by an umbrella policy) attaches only after a predetermined amount of primary coverage has been exhausted

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[ad_1] Pedro Steven Buarque de Macedo, Et Al v The Automobile Insurance Company of Hartford 463245V Court of Appeals of Maryland Watts, Hotten, Booth, Biran & Eaves, JJA; AD Sally & GM Joseph, Specially Assigned Senior Judges & JJA August 11, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Insurance law- motor vehicle insurance- a motor vehicle insurance policy vis-à-vis an umbrella policy- what was the difference in terms of coverage between a motor vehicle insurance policy and an umbrella policy- Maryland Code Insurance, 2010, § 19-505; Maryland Courts and Judicial Proceedings, 2005, § 5-806. Statutes-statutory interpretation-the Maryland Courts and Judicial Proceedings,...

01 February

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The Supreme Court of Oregon holds that a forfeiture results only if the owner of the mistreated and impounded animals cannot fulfill the preexisting obligation of paying a security deposit or posting a bond so as to enable the state mitigate costs while ensuring that the animals receive the care that is legally required

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[ad_1] Kenneth Lawrence Hershey v State of Oregon and Klamath County S067825 Supreme Court of Oregon Walters, CJ & SCJ; Balmer, Flynn, Duncan, Nelson, Garrett, and DeHoog, SCJJ August 11, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Constitutional law-animal welfare- animal rights-neglect of animals-impounding of neglected animals-where the Klamath County Animal Control impounded 22 dogs, three horses, and seven chickens from the petitioner’s property- where the 1st respondent state subsequently charged the petitioner with three counts of second-degree animal neglect, one count for each type of animal- where the 2nd respondent’s attorney filed a petition pursuant to the Oregon...

01 February

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The Supreme Court of India holds that in granting a mining site license to a party, the state must undertake the necessary due diligence to determine as to whether the site has been already allotted to another party before allocating it

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[ad_1] BLA Industries Private Limited v Union of India and another Consolidated petitions 63 of 2015, 7 of 2016 and 120 of 2012 Supreme Court of India NV Ramana, CJ & SCJ; K Murari & H Kohli, SCJJ August 17, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Mining law-mineral rights- a mining permit in securing a license area- application for a mining permit- approval of application for a mining permit- procedure of securing a mining permit- where the lessee followed the right procedure in securing a license area for mining- where the state allocated a license area to two parties without...

01 February

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The African Court on Human and Peoples’ Rights holds that the sum of KES 57 850 000 is sufficient for compensation for material prejudice and KES 100 000 000 as compensation for moral prejudice as a result of the differential treatment of the Ogiek Community

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[ad_1] The Matter of African Commission on Human and Peoples’ Rights v Republic of Kenya Application No. 006 of 2012 African Court on Human and Peoples’ Rights ID Aboud, P & J; B Tchikaya, VP & J; RB Achour, S Mengue, MT Mukamulisa, TR Chizumila, C Bensaoula, SI Anukam, DB Ntsebeza & M Sacko, JJ June 23, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision International Law- law of treaty- African Charter on Human and Peoples’ Rights-human rights- indigenous community-right to communal ownership of land- whether failure of the respondent to recognise the Ogieks as an indigenous community denied them the right to communal ownership...

01 February

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The Supreme Court of Canada holds that section 2.4 (1.1) of the Copyright Act of 1985 on communication of a work to the public should be interpreted to mean that reproducing or performing a work online or offline should engage the same copyright interests and require the same royalties

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[ad_1] Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association and 7 Others 2022 SCC 30 Supreme Court of Canada Wagner, CJ & SCJ; Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal, SCJJ July 15, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Intellectual Property Law- intellectual property rights- copyright- communication to public by telecommunication- making a work available online- on-demand transmissions- amendment to Copyright Act clarifying that communication of work to public by telecommunication included making it available to the public in a way that allowed members of the public to have access to it...

01 February

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Where summons are served without giving the statutory notice within the prescribed period, or at all, such service is nevertheless effective for the interruption of prescription if condonation was subsequently granted

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[ad_1] Minister of Police and Others v Samuel Molokwane [2022] ZASCA 111 Supreme Court of Appeal of South Africa VD Merwe, Schippers and Makgoka, JJSCA; Musi and Makaula, AJJSCA July 15, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Civil practice and procedure-pleadings- summons- omission to serve a copy of a summons to the accused- where the respondent instituted action in the High Court against the 1st to 4th appellants, in which the respondent claimed damages arising from alleged wrongful arrest and assault by the 2nd to 4th appellants- where the 2nd to 4th respondents were acting within the course and scope...