Results.
8 judgments found.
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| May 1992 |
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Interlocutory injunction refused where the writ lacked an injunction claim and damages were an adequate remedy.
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Civil procedure — interlocutory injunction — requirement to endorse writ with claim for injunction — American Cyanamid test — adequacy of damages — performance bond: insurance v. guarantee — security by charge.
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25 May 1992 |
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Defendant’s excessive speed and failure to give room caused collision; plaintiff awarded proven repair costs, loss of use and costs.
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Motor-vehicle negligence — duty of care — excessive speed and failure to give way — contributory negligence — proof and assessment of special damages — award for loss of use.
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21 May 1992 |
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Assessment of damages for loss of vision and earning capacity—court awards K25,000 adjusted to local context.
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Damages — assessment for loss of vision in one eye — non-pecuniary damages (pain and suffering, loss of amenities) — loss of earning capacity — local precedents primary; foreign awards advisory.
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16 May 1992 |
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Solicitors who account clearly for sale proceeds are not liable for negligence absent gross negligence and causal loss.
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Professional negligence — solicitors' duty — standard of reasonable competence and diligence — requirement of duty, breach and causation — gross negligence threshold for liability; accounting to client — effect of providing clear account of sale proceeds on liability; causation of legal costs.
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15 May 1992 |
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Service abroad without court leave is an irregularity; court set aside service and subsequent default judgment.
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Civil procedure — Service abroad — Leave required where defendant resides outside jurisdiction (Hague Convention considerations) — Failure to obtain leave is irregular not void — Application to set aside service and default judgment — Court discretion and international comity; Practice Direction endorsement requirement.
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15 May 1992 |
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Court awards plaintiff K20,000 for amputation: K10,000 for pain and K10,000 for loss of earning capacity.
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Personal injury — Medical negligence — Over-tight plaster causing ischaemia and amputation — Quantum of damages — Non-pecuniary loss (pain and loss of amenities) — Loss of earning capacity for a child — Assessment of speculative future earnings — Comparative and precedential guidance.
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13 May 1992 |
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5 May 1992 |
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Oral repair promises incorporated into a partly written lease can justify refund of advance rent when repairs remain undone.
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Lease — Parol evidence rule — Partly written and partly oral contract — Oral promise to repair as condition precedent to occupation — Refund of advance rent — Counterclaim for unpaid rent dismissed.
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1 May 1992 |