Request for a preliminary ruling from the Audiencia Nacional.Ftp in mainframe using jcl
Skouris, President, K. Lenaerts, Vice-President, M. Bay Larsen, T. Safjan, Presidents of Chambers, J. Levits, A. Arabadjiev, M. Berger, A. Prechal and E.
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Instructing attorneys:. Respondent s : 1 st Respondent — Schafers Attorneys. Topic : As per summary. In the matter between:. Review of a decision of the Master to uphold an objection to a liquidation and distribution account. Whether s35 10 of the Administration of Estates Act 66 of creates an internal remedy as contemplated by s7 2 of the Promotion of Administrative Justice Act 3 of — Held that it does not.
Interpretation of will — Held that the Master had misdirected herself in assuming that a bequest had vested in the estate of one DN, and that a substitution provided for in the will was a direct, rather than a fideicommissary substitution — Decision set aside on the basis of it not being objectively rational and based upon a material error of law.
I shall refer to them as the testators. The applicants litigate in their capacity as heirs and also as executors of the joint deceased estate of their parents. The first respondent is the Master of the High Court and the second respondent is the executor of the deceased estate of the late Dominic Niland, the grandson of the testators. I do not intend dealing with the facts in any great detail. There is no need to do so because, when all is said and done, the facts are largely common cause and uncontroversial.
What follows is a synopsis of those facts that are most important for the resolution of the dispute.
On 5 Augustthey executed a joint will in which the applicants and Dominic Niland were the main beneficiaries. I shall revert to the terms of the will in due course.
Dominic Niland died on 19 February leaving no children. Trevor David Reed died on 8 December In terms of clause 8 ca similar bequest is made in the event of Elaine Pearce Reed being the first dying and, in terms of clause 10 c i a similar bequest is made in favour of the third applicant in the event of the simultaneous death of the testators. The second respondent lodged an objection to the liquidation and distribution account because it had not made provision for a bequest in favour of the estate of Dominic Niland but had, instead, provided for what would have been inherited by him reverting to the applicants in terms of clause 6 of the will.
It states:. We undertook to give reasons for those decisions when we gave our judgment on the merits. Those reasons follow. The application was launched outside the 30 period and, the second respondent argued, no proper case had been made out for condonation or, more correctly perhaps, for an extension of the time period. Whether it is or not is largely academic because it is reviewable, either in terms of s1 c of the Constitution supplemented if need be by the common law or in terms of s6 2 of the PAJA, on essentially the same grounds.
By deferring resort to judicial review in this way, s7 2 restricts the jurisdiction of a court to determine an otherwise justiciable issue before it. Because it interferes with fundamental rights, it must be interpreted restrictively. Inherent in this concept, as it is used in its legal context is the idea that a remedy, in order to qualify to be regarded as such, must be capable, as a matter of law, of providing what the Constitution terms appropriate relief: it must be an effective remedy.
Section 7 2 does not, in other words, place an obligation on a person aggrieved by a decision to exhaust all possible avenues of redress provided for in the political or administrative system — such as approaching a parliamentary committee or a Member of Parliament, or writing to complain to the superiors of the decision-maker.
Similarly, it is not required of an aggrieved person that he or she approach one or more of the Chapter 9 institutions — such as the Public Protector or the Human Rights Commission — prior to resorting to judicial review. I shall elaborate on this below. Secondly, these bodies do not have jurisdiction, as a matter of law, to remedy the complaint by issuing binding orders, in the way that courts do, or to determine issues involving rights through the application of the law.First Accused Alex Tamba Brima is the first witness to testify.
The Trial Chamber imposed single "global" sentences of 50 years for Brima and Kanu, and 45 years for Kamara.Betfair bots forum
The Appeals Chamber dismisses Defence appeals and upholds the sentences imposed by the Trial Chamber. Brima was part of the group of soldiers that staged the 25 May coup. Alex Tamba Brima was found guilty on Count 1 acts of terrorismCount 2 collective punishmentsCount 3 exterminationCount 4 murder, a crime against humanityCount 5 murder, a war crimeCount 6 rapeCount 9 outrages upon personal dignityCount 10 physical violence, a war crimeCount 12 conscripting or enlisting children under the age of 15 years into armed forces or groups, or using them to participate actively in hostilitiesCount 13 enslavementand Count 14 pillage.
He was acquitted on Count 11 other inhumane acts — a crime against humanityCount 7 sexual slavery and any other form of sexual violenceand Count 8 other inhumane act — forced marriage.
Kamara was part of the group of soldiers that staged the 25 May coup. Ibrahim Bazzy Kamara was found guilty on Count 1 acts of terrorismCount 2 collective punishmentsCount 3 exterminationCount 4 murder, a crime against humanityCount 5 murder, a war crimeCount 6 rapeCount 9 outrages upon personal dignityCount 10 physical violence, a war crimeCount 12 conscripting or enlisting children under the age of 15 years into armed forces or groups, or using them to participate actively in hostilitiesCount 13 enslavementand Count 14 pillage.
Kanu was part of the group of soldiers that staged the 25 May coup.Cat 6 wiring color code chart diagram base website code chart
Santigie Borbor Kanu was found guilty on Count 1 acts of terrorismCount 2 collective punishmentsCount 3 exterminationCount 4 murder, a crime against humanityCount 5 murder, a war crimeCount 6 rapeCount 9 outrages upon personal dignityCount 10 physical violence, a war crimeCount 12 conscripting or enlisting children under the age of 15 years into armed forces or groups, or using them to participate actively in hostilitiesCount 13 enslavementand Count 14 pillage.
Brima and Kamara were arrested on a Special Court warrant on 10 Marchand Kanu was tranferred immediately to the Special Court from Pademba Road Prison, where he was awaiting trial on treason charges. Koroma had fled Sierra Leone several weeks earlier, and was never taken into custody. On 28 January the Trial Chamber ordered a joint trial of Brima, Kamara and Kanu, and approved a consolidated indictment.
On 6 May the Prosecutor amended the indictment to add a new Count 8, other inhumane act forced marriagea crime against humanity.
The subsequent counts were renumbered, resulting in an amended consolidated indictment with 18 counts. On 15 February the Prosecutor again amended the consolidated indictment to withdraw Counts relating to attacks on United Nations peacekeepers. The Prosecution gave its opening statement on 7 March and called its first witness the same day.
The Prosecution rested its case on 21 November after calling 59 witnesses. All three accused filed Motions for Judgement of Acquittal under Rule 98, arguing that the Prosecution had failed to bring evidence "capable of supporting a conviction on one or more counts of the indictment. On 27 October the Defence rested after calling a total of 87 witnesses. Alex Tamba Brima and Santigie Borbor Kanu were each sentenced to single terms of imprisonment of 50 years.
Brima Bazzy Kamara received a 45 year sentence. All three accused appealed their convictions and sentences: Brima on 12 grounds, Kamara on 13 and Kanu on On 22 February the Appeals Chamber dismissed all three appeals, upholding their convictions and sentences. On Count 8 other inhumane acts - forced marriagethe Trial Chamber, by a majority, found that the Prosecution's evidence had failed to prove the elements of a non-sexual crime of "forced marriage," and that "the evidence adduced by the Prosecution is completely subsumed by the crime of sexual slavery.
The Appeals Chamber overturned the Trial Chamber's finding on forced marriage, finding that the Trial Chamber "erred in law by intepreting the "other inhumane acts" too restrictively, and that "no tribunal could reasonably have found that forced marriage was subsumed in the crime against humanity of sexual slavery.
On 25 September Kamara and Kanu were convicted of contempt for interference with a witness who testified against them. Kanu was found guilty on two counts of interfering with the administration of justice by offering a bribe to a witness, and for otherwise attempting to induce a witness to recant testimony he gave before the Special Court.
Kamara was convicted for attempting to induce a witness to recant his testimony, and of knowlingly violating a court order protecting the identity of a witness which had testified against him. On 11 October Kamara and Kanu were each sentenced to two concurrent terms of one year and fifty weeks.
Their appeals were dismissed on 21 March The AFRC trial saw the first-ever convictions, upheld on appeal, for the use of child soldiers. The AFRC appeal judgement developed the Special Court's jurisprudence on forced marriage and joint criminal enterprise. The Prosecutor vs. He was sentenced to 50 years in prison, and is serving his sentence at Mpanga Prison in Rwanda. He was sentenced to 45 years in prison, and is serving his sentence at Mpanga Prison in Rwanda.
Alex Tamba Brima died on 9 June after completing 13 years of his year sentence. Case Decisions. Decisions Transcripts.Statements by the President.Oscp buffer overflow walkthrough
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Organs and agencies authorized to request advisory opinions. Presentations on the work of the Court. Cases List of All Cases Pending cases. Qatar Available in: English French. Myanmar Request for the indication of provisional measures Available in: English French. United States of America Fixing of time-limit: Written statement of observations and submissions on preliminary objections Available in: English French. Judgment of 17 July Jadhav India v. Pakistan Merits Available in: English French.
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Bay Larsen, President of the Chamber, K. Safjan, J. Prechal RapporteurJudges. Beeko, acting as Agent, assisted by G.
Facenna, barrister. The request has been made in proceedings between Ms Reyes, who is a Philippines citizen, and the Migrationsverket Immigration Board concerning the rejection of her application for a residence permit in Sweden. All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they:.
The national provisions correspond in essence to the provisions of the directive.
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The dispute in the main proceedings and the questions referred for a preliminary ruling. Ms Reyes, who was born in and is a Philippines citizen, was left in the care of her maternal grandmother when she was three years old, with her two sisters, because their mother had moved to Germany to work to be able to support her family resident in the Philippines.
Ms Reyes was brought up by her maternal grandmother for her entire childhood and adolescence. Before travelling to Sweden, she lived for four years in Manila Philippines with her older sister now deceased.
After having undertaken training involving work experience, she qualified as a nursing assistant. Ms Reyes has never held a job and nor has she applied for any allowances from the Philippines social security authorities. She married that Norwegian citizen in the summer of However, she did show that she held qualifications from her country of origin and that she had also carried out work experience there. Furthermore, the applicant in the main proceedings had been economically dependent on her grandmother throughout her childhood and adolescence.
In consequence, the Migrationsverket took the view that she had failed to prove economic dependence as regards her family members in Sweden. The court did not dispute that basic needs of the applicant in the main proceedings were met by her mother and her stepfather.
In its assessment, the court found that Ms Reyes was young, had studied and lived in Manila, had a higher education diploma and had relatives still living in the Philippines. She claims that, despite her studies, she has not found work in the Philippines, where unemployment is endemic.
In her submission, her mother and stepfather would not have sent such large amounts so regularly if they were not essential to ensure that the family could survive in their country of origin.Safety is a major concern for anyone entering the courthouse. Anyone exhibiting symptoms of infection such as fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, loss of taste or smell, diarrhea, or having known close contact with a person who is confirmed to have COVID are asked not to enter the building.
Read more Clerk makes eFiling available in Criminal Cases. Beginning June 24,attorneys and self-represented parties will have the option to electronically file into existing criminal cases via Tyler Technologies' Odyssey eFileGA. Protecting the public and our employees is a top priority.
Electronic filing in Magistrate Court is permitted, but not mandatory. All electronic filings shall be filed, signed and served in the form and manner set forth in O. Read more. Veterans Day is an official United States Federal holiday that honors people who have served in the U.
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Alexander, Jr. To record your DD Form you will need one of the following:. Alexander stated, "I have discovered that many veterans do not know about this service and did not have their DD recorded.
Although veterans may have recorded their DD in their home town or in a county or another state far away from Gwinnett, you are encouraged to record them here as well. A Support Tab is available with step by step instructions for easy registration and filing process.
Once registered, you may begin efiling immediately. In accordance with the provisions of O. Beginning on January 1,attorneys shall be required to electronically file all pleadings and any other documents to initiate a civil action or in a civil case in superior or state court.
All statutory filing requirements mandated by law are still required. If you have any questions, please call and ask to speak with the Real Estate Division. Effective January 1, Senate Bill amended Georgia law for all civil case initiation and disposition forms for superior and state courts, which are available on the clerk's website.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by revising Code Sectionrelating to forms meeting requirements for civil case filing and disposition, as follows:. The Judicial Council of Georgia, with the approval of the Supreme Court, shall promulgate forms to be used for civil case filing and disposition forms information; provided, however, that the general civil case filing information form and domestic relations case filing information form shall be required to contain an acknowledgment by the filer that the complaint and any exhibits or other attachments satisfy the redaction requirements of Code Section Pursuant to Code Sectionand in addition to the filing requirements contained in Code Sectionin all proceedings under this article the plaintiff shall file a domestic relations case filing information form prescribed by the Judicial Council of Georgia.
On December 31,all state tax liens issued by the Georgia Department of Revenue which have been filed and recorded in any county in Georgia will become invalid, subject to renewal as follows. Any active state tax liens which were recorded or rerecorded within seven 7 years before January 1, are eligible to be renewed by the Department.
All renewed state tax liens will be valid for a single ten 10 year period from the date of renewal. Renewed liens will maintain priority as of the original date of filing. Official Code of Georgia Annotated Section beffective January 1,requires that all plats and condominium plans submitted for filing with the clerk of superior court shall be submitted electronically.
The clerk of superior court shall file and record plats and condominium plans relating to real estate in the county when submitted for filing as provided in this Code section and accompanied with any required filing fees or costs set forth in Official Code of Georgia Annotated Section For a list of recording fees for maps and plats, please click here.This Practice Direction supplements the Rules in that it regulates the practice and procedure of the Court which has been affected by the situation created with the impact of the COVID Coronavirus.
Case No. Court of Appeal rules that there is no jurisdiction in Antigua and Barbuda to impose suspended sentences in criminal cases. Director of Public Prosecutions v Shane Williams was an appeal by the Director of Public Prosecutions against the sentence imposed by a judge on Shane Williams for a guilty plea to a charge of sexual intercourse with a female under the age of The main issues on the appeal were i whether there was jurisdiction in Antigua and Barbuda to impose suspended sentences in criminal cases; and, ii if the court did have jurisdiction to impose suspended sentences, whether it was appropriate to impose such a sentence in the circumstances.
The Court of Appeal observed that the jurisdiction to impose a suspended sentence is a statutory jurisdiction. The Court accepted that the Legislatures in several Commonwealth Caribbean jurisdictions had passed legislation to confer this jurisdiction on their local criminal courts but noted that no such legislation had been passed in Antigua and Barbuda.
The Court therefore concluded that the judge had no jurisdiction to impose a suspended sentence, in the present case or any at all. The Court, considered, in the alternative, that even if the courts in Antigua and Barbuda had the jurisdiction to impose suspended sentences, a judge should only impose such a sentence in exceptional circumstances.
The Court therefore found that, on any view, the judge erred in imposing the suspended sentence. Sittings Jobs. Home Judgment Focus. Practice Direction No. Recent Judgments More. Regina v Elijah Rolle et al. Claim No. O et al. Hu Lan v Sundale International Limited et al.
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