Results.
7 judgments found.
|
|
|
| March 1980 |
|
|
Whether an oral promise of a post-probation wage increase was enforceable and whether K60 monthly covered claimed mileage expenses.
-
Employment law — variation of wage by oral agreement — probationary increase; Contract and damages — mileage allowance versus per-mile reimbursement; Quantum meruit — insufficient evidence for implied term or unjust enrichment award; Transfer/relocation — ex gratia transport provided.
|
29 March 1980 |
|
Decree nisi granted for petitioner’s cruelty claim and for respondent’s adultery claim; damages against party cited dismissed.
-
Family law — divorce: cruelty as ground for divorce; provocation and proportionality of retaliation; adultery — inference from association, opportunity and admissions; condonation; damages for enticement/alienation — need for positive evidence.
|
22 March 1980 |
|
Decree nisi granted where petitioner proved respondent’s cruelty causing injury and reasonable apprehension of danger.
-
Divorce law — cruelty — physical assault while pregnant — injury to health — reasonable apprehension of danger to life and limb — decree nisi granted — costs subject to taxation — maintenance and custody adjourned.
|
21 March 1980 |
|
A civil marriage was declared null because the petitioner's earlier customary marriage still subsisted.
-
Family law — Nullity of marriage — Effect of a subsisting customary-law marriage on a later civil marriage — Burden of proof to show prior marriage dissolved — Traditional courts not exclusively competent to dissolve customary marriages.
|
15 March 1980 |
|
Defendant cannot obtain directions by summons under High Court Rules; remedy is to apply for dismissal; application dismissed.
-
Civil procedure — application for directions by defendant — plaintiff’s default — Order 25(4) Rules of the Supreme Court vs Order 3 High Court Rules — Order 3 rule 7 remedy (application for dismissal) — summons for directions not available under Order 3.
|
7 March 1980 |
|
Defendant breached sale agreement by failing to deliver part-exchange vehicle with certificate of fitness; plaintiff awarded K800 balance.
-
Sale of goods — Part-exchange and instalment sale — Obligation to deliver part-exchange vehicle in working condition with certificate of fitness — Breach of contract — Credibility of witnesses — Alleged variation by deposit as security rejected.
|
7 March 1980 |
|
Decree nisi granted for divorce on proven adultery; cruelty not established; costs against the respondent.
-
Divorce — Adultery: admission plus documentary exhibits can establish adultery; Cruelty: isolated open‑hand assaults without injury or particularity may not meet the legal threshold for cruelty; Decree nisi and costs; maintenance and custody adjourned to Chambers.
|
7 March 1980 |