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Citation
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Judgment date
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| December 1986 |
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30 December 1986 |
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Applicant failed to prove adultery or cruelty as grounds for divorce; petition dismissed.
Divorce — jurisdiction (domicile) — adultery: sufficiency of evidence and inference from letters — cruelty: requirement of bodily/mental harm or reasonable apprehension — undefended petition and risk of collusion.
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30 December 1986 |
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Defendants breached supply contract by withholding timely transport; plaintiff awarded damages under contractual principles and Hadley v Baxendale.
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29 December 1986 |
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16 December 1986 |
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Whether rent was conditional on repairs and whether the defendant’s occupation created a tenancy at will entitling possession.
Landlord and tenant — creation of lease — agent’s authority to conclude lease — entry and payment creating tenancy at will — rent contingent on repairs — mesne profits and possession.
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12 December 1986 |
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Adultery proven by circumstantial evidence; marriage dissolved, custody to petitioner, compensatory damages and costs awarded.
Divorce — Adultery — Proof by inference from association and opportunity; no requirement of direct proof — Condonation and collusion as potential bars — Damages against third party for role in breakdown of marriage — Custody to petitioner with reasonable access to respondent — Costs awarded to petitioner.
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12 December 1986 |
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High Court reviewed and reduced a Taxing Master's unexplained upward revision of a solicitor-and-own-client bill.
Taxation of costs — review by High Court — scope of review powers — limits on fresh evidence and new grounds — necessity of reasons for variation — relevance of solicitor's own-client bill.
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1 December 1986 |
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High Court reviewed and reduced a Taxing Master’s increased taxation of a solicitor-and-own-client bill, fixing K6,384.20.
Taxation of costs – Review of Taxing Master’s decision – Solicitor-and-own-client bill – Discretionary awards – Requirement for reasons when varying prior taxation – Admissibility of original bill as a guide.
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1 December 1986 |
| November 1986 |
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Brief fee disallowed where action stayed for arbitration; Taxing Master's reduction of instruction fee upheld.
Costs — Taxation of bill — Brief fee disallowed where matter stayed pending arbitration and counsel not briefed; rule 0.62/A2/22 covers instruction fees, not brief fees; instruction fee reduction justified by lack of complexity.
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28 November 1986 |
| October 1986 |
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A written 24-month employment contract was a fixed-term appointment; early termination constituted wrongful dismissal and entitled the plaintiff to salary, gratuity and interest.
Employment law – fixed-term contract – written 24-month term held binding; conditions of service held incorporated only as to "all other aspects" – wrongful dismissal – damages for unexpired term, gratuity and interest; mitigation not pleaded.
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30 October 1986 |
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Decree nisi granted for divorce where petitioner proved repeated physical cruelty; custody adjourned to chambers.
Family law – Divorce – Cruelty – Repeated physical assaults supported by medical and eyewitness evidence – Domicile and jurisdiction – Condonation and collusion – Custody adjourned to chambers.
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20 October 1986 |
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1 October 1986 |
| September 1986 |
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The respondent was admonished for procuring employment through third-party intervention and ordered to pay costs.
Professional misconduct – Legal Education and Legal Practitioners Act s.21(1)(d) – procuring employment through intervention of third parties – admonition and costs.
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1 September 1986 |
| August 1986 |
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The court allowed the plaintiff to file supplementary documents, finding the defendant remained a party and amendment appropriate.
Civil procedure – Discovery and affidavit of documents – Amendment of affidavit/list of documents – Order 20 r.8 (amendment powers) – Order 24 (discovery rules) – Order 27 r.4 (deemed admissions) – Party status in interpleader proceedings.
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26 August 1986 |
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Court authorised registrar to execute conveyance under Order 45(8) where defendant, served abroad, defaulted.
Civil procedure – Order 45(8) Rules of Supreme Court – Power to authorise court officer to execute conveyance where party neglects or refuses to comply – Substituted service and registered mail to defendant abroad – Conditions protecting registrar and requiring plaintiff’s undertaking.
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15 August 1986 |
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15 August 1986 |
| July 1986 |
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Plaintiff's false imprisonment claim failed where defendant only provided information and police acted on their own judgment.
False imprisonment - liability requires laying a charge; mere provision of information to police not actionable - onus on plaintiff to prove accusation or procurement of arrest - failure to call material police witness and inconsistent evidence fatal to claim
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21 July 1986 |
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Directors who executed a continuing personal guarantee remained personally liable; receivership was properly appointed and counterclaims failed.
Security and guarantees – personal guarantee by directors – enforceability; Debenture – power to appoint receiver and manager; Receivership – grounds for appointment and scope of receiver's duties; Liability – guarantors' joint and several liability; Counterclaims – proof required for terminal benefits; Agency clause – receiver as agent of borrower excluding debenture holder's liability.
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21 July 1986 |
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Practitioner suspended three years for overcharging and deceiving client; misappropriation allegation not proved.
Professional misconduct – overcharging client – deliberate non-disclosure of settlement amount – deception – misappropriation suspected but not proved beyond reasonable doubt – high standard of proof for deceit allegations – suspension for professional misconduct under s.21 Legal Education and Legal Practitioners Act.
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14 July 1986 |
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11 July 1986 |
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Whether a customary-law wife may petition to nullify her husband's Marriage Act marriage under the Divorce and Marriage Acts.
Family law — Nullity of marriage; locus standi of customary-law spouse; interaction of Marriage Act s34(1) and Divorce Act s11/12(1)(d); void marriages; potential bigamy offence.
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11 July 1986 |
| June 1986 |
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Decree nisi granted for divorce on cruelty and desertion; adultery allegation dismissed as hearsay.
Family law – Divorce – Grounds: cruelty and desertion proved; adultery allegations dismissed as hearsay and no co-respondent joined – Undefended petition standard – Custody, maintenance and costs.
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30 June 1986 |
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17 June 1986 |
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Mother with chronic illness granted custody of four children; father ordered to pay child maintenance and permanent alimony.
Family law — custody — welfare of the child paramount over parental health or comparative wealth; stability and existing arrangements considered. Family law — maintenance — assessment of means; inadequate disclosure justifies increased maintenance and permanent alimony. Access — reasonable access to non-custodial parent.
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9 June 1986 |
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An originating summons was inappropriate due to factual disputes; proceedings must continue as if begun by writ with pleadings.
Civil procedure – originating summons inappropriate where substantial disputes of fact exist; matters requiring viva voce evidence must proceed by writ – Order 28/8(1) – pension entitlement claims involving factual disputes; counterclaim for money paid by mistake requires pleadings and oral evidence.
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6 June 1986 |
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Report to police about suspected theft did not amount to laying a charge; false imprisonment and chickens' loss claims dismissed.
False imprisonment — whether reporting suspected theft to police amounts to laying a charge — actionable false imprisonment requires laying a charge; employer's report to police may be mere communication of facts; credibility assessment; loss of property — causation and proof required.
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3 June 1986 |
| May 1986 |
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Letter copying public offices defamed the individual officer but not the corporate employer; privilege and justification failed.
Defamation — publication by letter copied to public offices — corporate plaintiff and imputations of bribery — whether a corporation can be defamed by allegations of corruption — defences: qualified privilege, justification, fair comment — damages for imputations of criminality.
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27 May 1986 |
| April 1986 |
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Decree nisi granted for divorce on adultery proved in an undefended petition; ancillary matters adjourned.
Divorce — adultery — proof in undefended petition — onus remains on petitioner — inference of adultery from totality of evidence — decree nisi granted — ancillary issues (custody, maintenance, costs) adjourned to chambers.
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25 April 1986 |
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Adultery proved by circumstantial evidence; decree nisi granted, respondent ordered to pay costs; custody and maintenance adjourned.
Family law – Divorce – Adultery – Proof by circumstantial evidence – Standard of proof higher than ordinary civil standard – Risk of collusion in undefended petitions – Decree nisi and costs – Custody and maintenance adjourned.
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24 April 1986 |
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The defendant liable where hired crane, slings and operator were unfit and negligent, causing damage to the plaintiff's machine.
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1 April 1986 |
| March 1986 |
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7 March 1986 |