Results.
5 judgments found.
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| January 1992 |
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Court awarded K28,880 for loss of dependency (multiplier 10) but refused unproven special damages; children’s shares to be invested in Court.
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Damages for loss of dependency — quantification by annual dependency and multiplier — multiplier of 10 applied — apportionment between widow and children — unproven special damages not awarded — children’s shares to be paid into Court for investment.
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31 January 1992 |
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Whether a stay of execution pending appeal should be granted absent clear evidence the respondent cannot repay the damages.
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Civil procedure — Stay of execution pending appeal (O.59 r.13) — Applicant must show payment would render appeal nugatory — Affidavit must prove respondent’s inability to repay (employment, income) — Court’s discretion exercised in favour of successful litigant; public policy and justice considerations.
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30 January 1992 |
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Whether a garage’s failure to maintain electrical installations and give notice excuses liability for a fire that destroyed a customer’s car.
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Tort — negligence of garage in care of customer's vehicle; causation — electrical short circuit; exclusion clause and course of dealing; Fires Prevention (Metropolis) Act 1774 inapplicable to negligent fires; insurance proceeds not deducted from damages; assessment of special and general damages.
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20 January 1992 |
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Employee wrongfully dismissed, falsely imprisoned and maliciously prosecuted after employer-reported theft; damages awarded.
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Employment law — wrongful summary dismissal — misconduct not proven; False imprisonment — employer’s report to police leading to unjustified arrest; Malicious prosecution — prosecution ending in plaintiff’s favour and motivated by malice; Damages — special, false imprisonment and malicious prosecution awards; No general damages for wrongful dismissal absent exceptional circumstances.
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20 January 1992 |
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Court accepted dependents' oral evidence to assess loss of dependency and awarded damages without deduction for widow's remarriage.
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Damages for wrongful death — loss of dependency — oral evidence of household contributions accepted where wages not proved; split award (death-to-trial and post-trial) — multiplier fixed as at date of death; widow’s remarriage prospects not deducted; apportionment among dependents; child’s share to be invested.
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8 January 1992 |