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However, bythe time he reached the scene, the Christmas tree,the lights and thecable were already removed by the contractor. He was unaware ofthe methods the contractor used to removethe Christmas tree andlights. 16 She stated that she has been employed by Grand West since 2020,serving as the manager of theengineering, electrical, and operationsdepartment. An independent contractor (“contractor”) wasengaged by Grand Westto set up its Christmas tree, mount the lightsand to remove and dismantle the tree afterwards. Grand West’selectrical departmentwere responsible for connecting anddisconnecting the Christmas tree lights to the electrical supply ofthe Defendant.
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- 48 A further aggravating factor is that not only was the child fouryears old at the time of theincident but a live wire with the copperoutside was next to an ice rink with water substance.
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- In this matter, what was evident from both the SCA and ECHC judgments was that neither had ignored constitutional considerations in their interpretations of the Acts and were alive to the normative framework of the Constitution.
- Because of the above, this matter did not engage the Court’s constitutional or general jurisdiction and leave to appeal was thus refused.
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48 A further aggravating factor is that not only was the child fouryears old at the time of theincident but a live wire with the copperoutside was next to an ice rink with water substance. GrandWest failed dismallyin their responsibility of due diligence andcare expected from an establishment in their position. Had theelectrical and maintenancedepartment conducted a thorough inspectionand secured the area after the Christmas tree had been removed, notonly would the livewire have been seen and removed, but the childwould also not have been electrocuted. Similarly, that the exposed livewire would pose a danger to members of the public who mighthold ontothe metal railing at the kiddie’s ice-skating rink. Step into the action with classic casino table games, including Blackjack, Roulette, and Poker.
The Court found that the applicants’ case boiled down to a contention that the ECHC and the SCA reached an incorrect decision on the interpretation of the Acts. The interpretation issue did not raise a constitutional matter and the Court’s constitutional jurisdiction could not be located there. In this matter, what was evident from both the SCA and ECHC judgments was that neither had ignored constitutional considerations in their interpretations of the Acts and were alive to the normative framework of the Constitution. The failure of a court to adhere to its section 39(2) obligation risks reversal by this Court; however, the Court held that it cannot be the case that any allegation of a lower court’s failure to interpret legislation in line with the Bill of Rights, without more, raises a constitutional matter.
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Their success is largely due to its state of the art mobile platform and their massive game selection which number over 900 bright and shiny casino games, it is increasingly popular among Filipino players. 23 During cross-examination, he testified that he could not recall thedate when the incident occurredas it happened a long time ago. Hefurther could not confirm when the Christmas tree had been removed bythe contractor. He can also not say why the red wire wasprotruding from the connector block.
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Shewas not able to confirm whether on the dayof the incident, whether the team from the electrical departmentswitched the main plugon or off as she was not there. Shefirmly stated that after the contractor removed the Christmas tree,they left the wiresat the ends of the strands of the Christmas treelights for the Defendant’s electrical department to connect. She concededthat had the electrical wire been removed by theelectrical department the injury to the minor child would not haveoccurred. Graceland Casino’s slot machines and tables are strategically distributed across Rockefeller’s Privé, Horseshoe Casino, and the main casino. Goldfields Casino is one of the Free State’s most exciting and inviting entertainment destinations.
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- She however could not verify or confirm whether theelectrical and maintenancedepartment followed up on her WhatsAppinstruction to secure the electrical cables and ensure that thevicinity where the Christmaslights were mounted to the tree was safefor the public.
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- 20 According to him the maintenance department of Grand West connectedthe cable and plugged itin near the ice rink.
- Further, that itis common knowledge that when electricity isexposed to water, it can result in devastating outcomes and certaindeath.
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- Within the connector block was ablackinsulated wire, and a red live wire which was not insulated wasprotruding, outside of the connector block.
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- 23 During cross-examination, he testified that he could not recall thedate when the incident occurredas it happened a long time ago.
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- 33 He further speculated that the contractor exhibited gross negligenceby creating and ignoringa clearly hazardous situation, havingdetached the external electricity cable from the Christmas lightscable in an excessivelyforceful manner and subsequently leaving thecable unattended.
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