Results.
49 judgments found.
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| December 1993 |
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Representative action cannot be used for separate individual employment contracts; lumping genuine small claims into High Court is not per se abusive.
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Civil procedure — Representative action — Not maintainable where claims arise from separate individual contracts lacking common interest; Abuse of process — Aggregation of genuine small claims in High Court not necessarily abuse; High Court original jurisdiction; Amendment rather than total strike-out.
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30 December 1993 |
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30 December 1993 |
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Court struck out a sham defence as abuse of process and entered judgment for the plaintiff after crediting a partial payment.
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Civil procedure — striking out defence — inherent jurisdiction to prevent abuse of process — sham or frivolous defence — entry of judgment after credit for part payment; Order 18.
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28 December 1993 |
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Plaintiff awarded K3,000 for pain and suffering from soft tissue leg injuries; no loss of earnings or amenities awarded.
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Personal injury — Non-pecuniary damages for pain and suffering — Soft tissue injuries and cuts without fracture — No permanent incapacity or loss of earning capacity — No award for loss of amenities — Quantum: K3,000; costs on subordinate court scale.
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21 December 1993 |
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Award of general damages and loss of earning capacity to a labourer injured at work despite continuing in same employment.
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Personal injury — Workplace accident — Amputation and partial disability — General damages for pain and suffering and loss of amenities — Loss of earning capacity despite continued employment — Substantial (non‑speculative) risk of future job loss — Quantification by reference to earnings and working life.
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21 December 1993 |
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7 December 1993 |
| November 1993 |
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Plaintiff may recover substitute vehicle hire costs incurred during repairs caused by the defendant’s negligence.
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Negligence — consequential loss to chattels — recoverability of substitute hire costs — third‑party payments and obligations — credibility of hiring evidence.
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29 November 1993 |
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Summary judgment on dishonoured cheques denied where statement of claim failed to allege notice of dishonour.
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Bills of exchange — dishonoured cheques — notice of dishonour required — defective statement of claim where notice not pleaded — Order 14 affidavit must verify pleaded claim — summary judgment dismissed — unconditional leave to defend.
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19 November 1993 |
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Seizure of a retiree's tools and withholding of pension without authority held unlawful; damages claim dismissed on procedural grounds.
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Administrative law — Judicial review — Ultra vires seizure of tools of trade and withholding of pension — Government loan terms and repayment — Procedural non‑compliance for damages claims (Order 53 r.7) — Order 35 applied where respondents absent.
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18 November 1993 |
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A defendant’s prima facie defence based on rejection and redelivery of goods can justify setting aside a default judgment.
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Civil procedure — setting aside default judgment; service and computation of time; statement of claim not required for liquidated claims where writ sufficiently states claim; contract — rejection and redelivery of goods, mitigation and measure of damages; prima facie defence warrants setting aside default judgment.
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15 November 1993 |
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Plaintiff awarded K2,800 for unpaid allowance, conversion of goods, and defamation following defendant's default.
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Employment — unpaid professional/responsibility allowance; Conversion and trespass to goods — measure of damages (cost at time of conversion); Defamation — damages for injury to credit and reputation; Default judgment — assessment of damages in absence of defendant.
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13 November 1993 |
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A registrar may grant an ex parte stay of execution and impose instalment payment conditions under Order 47 r.1.
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Civil procedure — Order 47 r.1 — Stay of execution — Application after instalment order — Registrar’s jurisdiction to grant ex parte stay and impose conditions — inability to pay.
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12 November 1993 |
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The respondent driver failed to yield at a give-way and was negligent; the applicant recovered damages and costs.
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Road traffic — intersection governed by give-way signs — duty to yield and take proper lookout — credibility of independent witness — negligent pull-out causing collision — contributory negligence de minimis — damages for hire of replacement vehicles.
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4 November 1993 |
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An ex parte dismissal was set aside and the action restored where security for costs had been paid into court and the dismissal could be reconsidered under Order 32 r.6.
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Civil procedure — Security for costs — Payment into court — No rule requiring notification to opposing party — Ex parte dismissal — Order 32 r.6: setting aside on proof of new facts or for justice — Restoration of action.
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3 November 1993 |
| October 1993 |
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Whether an applicant's affidavit discloses factual grounds for a defence on the merits is decisive in setting aside a default judgment.
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Civil procedure — Setting aside default judgment — Primary consideration is whether affidavit discloses a defence on the merits by raising facts from which a triable issue can be inferred; mere allegations (fraud, denial, payment, illegality) without factual particularity are insufficient; instalment orders do not necessarily amount to approbation; court may permit supplementary affidavit.
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25 October 1993 |
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Assessment and award of general damages for severe, permanently disabling injuries to a young student, including disfigurement and loss of earning capacity.
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Damages — personal injury — assessment of general damages (pain and suffering, loss of amenities) — disfigurement — loss of earning capacity — medical evidence of permanent incapacity — young student; multiplier/multiplicand approach inappropriate.
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19 October 1993 |
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Whether the applicant-insurer can be sued directly by the plaintiff passenger under section 65(A) when policy excludes passengers.
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Road Traffic Act s65(A) — direct action by third-party against insurer; sections 61 and 62 — policy requirements and passenger exclusion; privity of contract; insurer removed as party under Order 6 r.2.
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19 October 1993 |
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Insurer struck out where plaintiff failed to plead a Part 5 policy or statutory right of direct action under Section 65(A).
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Road Traffic Act — definition of "road" includes railway line for Act purposes; "vehicle" vs "motor vehicle" distinction — pushing trolley may not be a "motor vehicle"; insurer liability — direct action against insurer requires a Part 5 policy or a statutory right under Section 65(A); procedural — striking out an erroneously joined defendant under Order 15 r.6(2).
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14 October 1993 |
| September 1993 |
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Employer held liable for false imprisonment, malicious prosecution and defamation; counterclaim mostly dismissed for lack of primary evidence.
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Employment law — False imprisonment and malicious prosecution — Employer's active role in reporting to police can give rise to liability; defamation — calling employee a thief actionable per se; evidence — secondary/photocopy ledger insufficient to prove debt.
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17 September 1993 |
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Conviction for theft by public servant quashed where prosecution evidence was inconsistent and failed to disprove accused's explanation.
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Criminal law — Theft by public servant — Section 283(1) presumption — burden and standard of proof — sufficiency of prosecution evidence — hearsay and missing witnesses — reasonable doubt — quashing conviction.
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14 September 1993 |
| August 1993 |
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Fixed-term lease expired; tenant in arrears; no unlawful subletting; landlord entitled to immediate possession and costs.
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Landlord and tenant — fixed-term lease — automatic expiry on term end; no notice to quit required — non-payment of rent justified forfeiture of tenancy; covenant against subletting not breached where tenant retained possession; third-party claim does not permit tenant to withhold rent.
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26 August 1993 |
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Applicant lacked locus standi to set aside the respondent's default judgment; interpleader was the proper remedy for seized goods.
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Locus standi; Order 13 Rule 9; setting aside default judgment; third‑party interest; wrongful seizure; interpleader; procedural requirements for intervention.
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24 August 1993 |
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Whether a resigned employee may remain in employer‑provided accommodation pending trial of possession proceedings.
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Interim injunctions — American Cyanamid test — licence to occupy employer‑provided housing — resignation terminates licence — Registered Land Act inapplicable — balance of convenience; adequacy of damages.
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6 August 1993 |
| July 1993 |
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Plaintiff wrongfully detained for 31 hours awarded K5,000 for indignity and mental suffering; defendant pays assessment costs.
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False imprisonment — assessment of general damages for non‑pecuniary loss — duration of detention 31 hours — credibility of release time — award K5,000 — defendant to pay assessment costs.
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28 July 1993 |
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Default judgment set aside where the defendant’s affidavit disclosed arguable triable issues despite a labelled counterclaim.
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Civil procedure — Default judgment — Application to set aside judgment — Evidence of arguable and triable defence in supporting affidavit — Counterclaim does not, by label alone, preclude relief — Leave to defend granted.
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28 July 1993 |
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27 July 1993 |
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Employer liable for inadequate machine guarding; employee contributorily negligent and damages reduced by 25%.
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Employer’s duty of care — inadequate guarding of machinery — foreseeability of harm — contributory negligence by employee — apportionment of liability — damages for amputation.
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16 July 1993 |
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Summary judgment granted where dishonoured cheques established indebtedness and defendant failed to raise a bona fide defence.
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Civil procedure — Order 14 summary judgment — Cheques as prima facie cash/consideration — burden to raise bona fide defence — failure to produce agent’s affidavit construed as admission — certainty of claim.
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8 July 1993 |
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Summary judgment granted where defendant failed to raise a bona fide triable defence to a claim based on cheques issued by his agent.
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Civil procedure — summary judgment (Order 14) — cheques treated as payment — agency and authority — insufficient affidavit to raise triable issue — certainty of claim.
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8 July 1993 |
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Summary judgment granted on dishonoured cheques; defendant failed to raise a bona fide triable defence or produce supporting affidavit.
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Civil procedure — summary judgment (Order 14) — dishonoured cheques — bill of exchange treated as cash/consideration — burden on defendant to raise bona fide triable defence — requirement for agent's affidavit to substantiate lack of authority or payments.
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8 July 1993 |
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Whether defendant breached contract by failing to deliver paid-for roofing sheets and plaintiff’s entitlement to damages.
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Contract formation — acceptance by receipt of deposit; delivery obligation arises on final payment; burden on defendant to prove non-availability/frustration; trade custom and post-contract price variation; damages preferred to specific performance; special damages must be specifically proved.
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2 July 1993 |
| June 1993 |
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Default judgment set aside where defendant raises a triable set-off defence despite presumption of service by post.
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Civil procedure — judgment in default of notice of intention to defend — presumption of service where writ posted to correct letterbox — set-off as defence and counterclaim — applicability of Judicature Act 1873 — master and servant: deductions and set-off permissible absent statute or contract prohibiting same — triable issue justifies setting aside default judgment.
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29 June 1993 |
| May 1993 |
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Failure to obtain statutory ministerial consent for a non-lowest tender renders the contract void and bars recovery by an innocent contractor.
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'Local Government (Urban Areas) Act' s.76(4) — mandatory ministerial consent before accepting non-lowest tender; Illegality of contract — void ab initio; Illegal contract bars remedies; Ignorance of statutory requirement not a defence; Costs to successful defendant.
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27 May 1993 |
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A radio-broadcast slander at a political rally was actionable; court awarded K300,000 and addressed exemplary damages.
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Defamation—slander actionable per se; wide publication (radio/newspaper); assessment of damages taking into account reputation, absence of apology and political motive; exemplary/punitive damages—scope in Malawi and relation to Rookes v. Barnard
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26 May 1993 |
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Court dismissed plaintiff's application to continue unlawful use of residential plot pending relocation, for lack of interest and statutory non-compliance.
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Town and Country Planning Act — zoning restrictions — use of residentially zoned land for commercial activities — declaratory relief — locus standi — temporary conditional permission — requirement to exhaust statutory appeal procedures — equitable clean hands.
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25 May 1993 |
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Long unlawful detention by state actors justified a large compensatory award with an exemplary element; trespass award modest.
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Civil damages — false imprisonment — prolonged unlawful detention — aggravated and exemplary damages — quantum assessed at large; application and scope of Rookes v. Barnard in Malawi; trespass to land and goods; state liability for oppressive action
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19 May 1993 |
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Summary judgment refused where disputed authenticity of minutes, directors' remuneration authority and alleged tax-evasion entries required a full trial.
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Civil procedure — Summary judgment (Order 14 r.3(1)) — refusal where serious disputes of fact or intent exist; Company law — directors' remuneration and corporate approvals; Evidence — authenticity of minutes and accounting entries; Allegations of tax-avoidance entries; Counterclaim as defence.
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18 May 1993 |
| April 1993 |
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Damages for vehicle repair, hire and tow awarded but reduced for lack of supporting evidence; insurer payment deducted.
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Motor vehicle collision — assessment of damages — burden on plaintiff to prove pre-accident condition and reasonableness of repairs — insufficiency of unsigned estimate and absence of police report — mitigation of hire costs — deduction of insurer’s prior payment.
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20 April 1993 |
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Whether the respondent raised triable issues to resist summary judgment, notably a disputed invoice for alleged poor workmanship.
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Civil procedure — Order 14 summary judgment; triable issue requirement; set‑off and payment offers; disputed quotation arithmetic; allegation of poor workmanship on repair invoice; conditional leave to defend subject to payment into court; directions for discovery and inspection.
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13 April 1993 |
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Administrators must account and fairly distribute intestate estate; pension death benefits paid to nominated beneficiaries are not estate assets.
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Intestate succession — administrators’ duty to account and promptly distribute — pension/death benefits designated to nominees not part of intestate estate — fair distribution under Wills and Inheritance Act — prior payments treated as advances.
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8 April 1993 |
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Whether an insurer can be struck off when passenger cover is non-compulsory depends on the insurance policy’s terms.
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Road Traffic Act — compulsory third-party insurance — passenger cover — non-compulsory vs prohibited cover; Contractual terms of policy determinative; Strike-out application requires production of policy; Direct action against insurer under statutory provision.
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5 April 1993 |
| March 1993 |
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Registrar lacks jurisdiction to transfer proceedings under statute; such applications must be decided by a judge.
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Civil procedure — Jurisdiction of Registrar — Transfer of proceedings to subordinate court — Interpretation of "the Court" in statute — Order 107 (UK practice) not a source of Registrar powers — Sections 11 and 29 Courts Act — Remittal to Judge under Order 32 Rule 12.
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24 March 1993 |
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Defendant negligent for turning into plaintiffs' path; contributory negligence inadmissible without pleading; damages awarded to plaintiffs.
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Road traffic negligence — duty of care when turning into side road — right of way of main-road users — credibility and speed assessment — contributory negligence must be pleaded — recoverability of employer-paid non-contributory medical expenses — assessment of special and general damages.
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19 March 1993 |
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Suspension without pay requires express contractual authority; employer cannot recover lost stock where its own failings contributed to the loss.
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Employment law — suspension without pay — requires express contractual or disciplinary provision; wrongful dismissal claim — wages during unlawful suspension; employee negligence — employer’s contributory fault and absence of implied indemnity bar recovery by employer.
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11 March 1993 |
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Whether the defendant bank could lawfully set off a guaranteed debt against the plaintiff's deposited funds, defeating conversion claim.
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Banking law — conversion claim against a bank — set-off — collateral guarantee/undertaking — enforceability of a written guarantee as collateral contract — right of bank to refuse payment when entitled to set-off.
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5 March 1993 |
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An occupier in possession may obtain a perpetual injunction and nominal damages for trespass despite not being the registered owner.
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Civil procedure — Order 19, Rule 7(9) — default judgment on pleadings; Property — trespass — right to sue lies with person in possession, not only owner; Remedies — perpetual injunction and nominal damages (K25) awarded for trespass without proved actual loss.
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5 March 1993 |
| January 1993 |
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Plaintiff failed to take reasonable care crossing the road; driver not negligent and claim dismissed with costs.
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Road traffic — negligence; duty of care of driver and pedestrian; credibility of witnesses; zebra crossing and signage; collision on carriageway; claim dismissed.
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20 January 1993 |
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Seizure of plaintiffs' goods by employer's agents to recoup an employee's shortage amounted to conversion; trespass claim failed for lack of possession.
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Conversion — seizure of chattels by employer/agent to recoup employee’s shortage constitutes conversion; Trespass to goods — requires actual possession; voluntary surrender by employee or asserted lien not a defence to conversion; damages for loss of use and value assessment by Registrar.
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19 January 1993 |
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Application to dissolve interlocutory injunction dismissed; injunction continued due to plaintiff’s lease evidence and defendant’s contempt.
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Civil procedure — interlocutory injunction — discharge application under O.29 r.17; Clean hands doctrine; Balance of convenience; Contempt for breach of injunction; Documentary lease evidence.
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15 January 1993 |