Results.
9 judgments found.
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| April 1992 |
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Registrar lacked jurisdiction to dismiss action; joinder rule cannot cure absence of a non-existent party.
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Civil procedure — Order 15 Rule 6 (joinder/amendment of parties) — cannot cure absence of a party non-existent at time of cause; Civil procedure — Order 18 Rule 19 (dismissal) — registrar lacks jurisdiction to hear dismissal application where matter is before a Judge and partly heard; striking out for wrong party.
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16 April 1992 |
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Interim ex parte injunction granted to restrain alleged trespass and encroachment pending filing of a writ.
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Civil procedure — interim (ex parte) injunction — urgency and existence of strong grounds required; Land law — trespass and encroachment — interlocutory relief pending suit; Conditions on interim relief — filing deadline, liberty to apply, costs reserved.
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15 April 1992 |
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Summary dismissal upheld for failure to report dishonoured cheques; conversion proved but only nominal damages; excess rentals awarded.
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Employment law — summary dismissal for misconduct — accountant’s duty to report and follow up dishonoured cheques; Conversion — sale of vehicle purchased with employer loan under duress; Mortgage/rental accounts — entitlement to excess rentals; Costs — allocation where plaintiff obtains nominal damages and partly successful claims.
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13 April 1992 |
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Court proceeded to judgment under Order 35/1 and awarded plaintiff K27,500 based on credible oral and documentary evidence.
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Civil procedure — failure to attend — Order 35 r.1 — proceeding to judgment; Evidence — witness credibility — missing written acknowledgement not fatal; Debt recovery — dishonoured post-dated cheques and part payments establish balance owing.
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10 April 1992 |
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Lender liable for wrongful seizure when its officer accompanied execution; legal practitioners not liable; defamation claim dismissed.
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Execution of process — Sheriff must act strictly in accordance with warrant — Wrongful seizure/trespass to goods — Creditor liable where its officer accompanies/supervises execution — Solicitor’s limited liability for execution assistance — Defamation: variance between pleaded and proved words, and absence of agency.
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10 April 1992 |
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Summary judgment granted where defendant's ambiguous defence failed to disclose a bona fide triable issue.
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Civil procedure — Order 14 summary judgment — Defence must disclose bona fide triable issue — Ambiguous or non-responsive plea insufficient — Judgment entered for claimant.
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9 April 1992 |
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Court upheld summary dismissal for fraud but awarded accrued bonus balance, pro rata gratuity, net‑profit share and repatriation compensation to the plaintiff.
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Employment law — construction of service agreements; summary dismissal for misconduct (opening separate cash sale books/diverting proceeds) — effect on entitlement to bonuses, gratuity and notice pay; gratuity payable pro rata for salary earned; no implied right to payment in lieu of leave where contract silent; breach of repatriation/passages clause — entitlement to compensation.
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3 April 1992 |
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2 April 1992 |
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Court held an oral renewal and awarded notice and leave pay; K2,500 ex gratia was not full settlement.
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Contract renewal — oral renewal and conduct evidence; entitlement to notice pay and leave pay; validity of purported termination notice; ex gratia payment versus full-and-final settlement; limitation under Local Government Act.
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2 April 1992 |