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Citation
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Judgment date
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| July 1993 |
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Plaintiff wrongfully detained for 31 hours awarded K5,000 for indignity and mental suffering; defendant pays assessment costs.
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.
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%.
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.
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.
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.
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.
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 |