Results.
61 judgments found.
|
|
|
| March 1992 |
|
|
Permission from the registered user (agent) defeats conversion claim absent proof of negligent driving.
-
Motor vehicle damage — Proprietary/possessory interest to sue despite registration in another’s name — Permission by registered user’s agent defeats conversion/trespass claim — No liability where no evidence of negligent or blameworthy driving — Insufficient proof of quantum of repair damages.
|
27 March 1992 |
|
|
27 March 1992 |
|
Failure to produce the alleged defamatory letter and to plead publication defeated the appellant’s defamation claim.
-
Defamation — pleading requirements for libel — statement of claim must set out words complained of or whole letter; publication must be pleaded — court’s limited duty to assist unrepresented litigants — failure to produce crucial evidence fatal to action.
|
27 March 1992 |
|
Summary judgment refused where defendant raised triable issue that payment was conditional on a bill of exchange.
-
Procedure — Summary judgment (Order 14) — Appropriate only where no real defence or triable issue — International sale of goods — Payment terms; bill of exchange as condition — Pleadings and affidavits must show absence of triable issue.
|
12 March 1992 |
| February 1992 |
|
|
Assessment of damages for dog-bite: shock disallowed; plaintiff awarded K300 pain and K500 disfigurement.
-
Damages — personal injury (dog bite) — quantum — pain and suffering; disfigurement — shock requires medical evidence of nervous shock; special damages must be proved.
|
13 February 1992 |
|
Instalment payment refused where defendant misrepresented mortgage status and disposed assets to defeat creditors.
-
Civil procedure — application for payment by instalments of debt — misrepresentation of encumbrance/mortgage in property sale — disposal of assets to frustrate creditors — equitable considerations — costs.
|
10 February 1992 |
| January 1992 |
|
|
Court awarded K28,880 for loss of dependency (multiplier 10) but refused unproven special damages; children’s shares to be invested in Court.
-
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.
|
31 January 1992 |
|
Whether a stay of execution pending appeal should be granted absent clear evidence the respondent cannot repay the damages.
-
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.
|
30 January 1992 |
|
Whether a garage’s failure to maintain electrical installations and give notice excuses liability for a fire that destroyed a customer’s car.
-
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.
|
20 January 1992 |
|
Employee wrongfully dismissed, falsely imprisoned and maliciously prosecuted after employer-reported theft; damages awarded.
-
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.
|
20 January 1992 |
|
Court accepted dependents' oral evidence to assess loss of dependency and awarded damages without deduction for widow's remarriage.
-
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.
|
8 January 1992 |