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Citation
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Judgment date
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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.
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.
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.
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.
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 |