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Citation
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Judgment date
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| November 1993 |
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Plaintiff may recover substitute vehicle hire costs incurred during repairs caused by the defendant’s negligence.
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.
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.
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.
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.
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.
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.
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.
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 |