|
Citation
|
Judgment date
|
| December 1994 |
|
|
Court appointed receiver under s25 where unchallenged allegations showed real danger property would be wasted.
Wills and Inheritance Act s25 – appointment of receiver pending letters of administration – requirement to show danger of waste – unchallenged affidavit evidence – receiver not substitute for administrator.
|
2 December 1994 |
| November 1994 |
|
|
The plaintiff's false-imprisonment claim failed, but summary dismissal over minor shortages was unlawful and damages were awarded.
Employment law – Unlawful summary dismissal – minor shortages and small-value goods insufficient for summary dismissal; False imprisonment – liability depends on whether employer made a charge or merely provided information to police; Remedies – pay in lieu of notice, accrued leave, pension contributions, costs.
|
3 November 1994 |
|
Plaintiff’s claims were statute-barred and unsupported; defendant’s counterclaim failed for lack of proof of computation of indebtedness.
Limitation of actions – accrual date for claims arising from farmer’s stop order and company incorporation; sufficiency of evidence for monetary claim; burden to prove computation of indebtedness; guarantees, undue influence and bank’s duty to advise independent legal advice (Barclays Bank v C’Brien).
|
3 November 1994 |
|
Court compelled respondent to execute a prior share-sale order, ordered valuations and disclosures, and condemned respondent to costs.
Companies law – specific performance/compulsory compliance with prior judgment; valuation of company property and shares; disclosure of company financial records and tenant rents; effect of appeal on stay of execution; costs awarded.
|
1 November 1994 |
| October 1994 |
|
|
|
24 October 1994 |
|
Court set aside Registrar’s refusal and ordered K10,000 security where plaintiff was foreign-based with no local assets, balancing merits and enforceability.
Civil procedure – security for costs – Order 23 – Discretionary nature of order – Residence abroad not per se ground for security – Considerations: plaintiff’s prospects of success and practicability of enforcing costs against foreign or asset-less plaintiff – Evidence required on ownership and material facts.
|
14 October 1994 |
| August 1994 |
|
|
No binding contract existed because the seller’s acceptance was conditional on receipt/approval of the buyer’s cheque/loan.
Contract law – offer and acceptance – conditional acceptance – completion of loan application forms not unconditional acceptance – no binding sale – sale to cash buyer lawful where seller reserved rights.
|
26 August 1994 |
|
False imprisonment aggravated by custodial sexual assault and denial of food/visits resulted in K35,000 compensatory damages.
False imprisonment — assessment of general damages — damages at large — custodial sexual assault and denial of food/visits as aggravating factors — prison authority awareness — exemplary damages not awarded where not pleaded — award K35,000 for 17 days detention.
|
9 August 1994 |
| May 1994 |
|
|
Court awarded the applicant K21,910.75 for the respondent's diversion of building funds and ordered costs.
Contract for building works – money had and received – failure to account – independent valuation – trial in absence for non-cooperation – assessment of quantum.
|
26 May 1994 |
|
Manufacturer owed duty of care but plaintiffs failed to prove negligence or causation from contaminated margarine; claim dismissed.
Product liability – manufacturer’s duty of care – alleged contamination of food product – chain of custody of samples – res ipsa loquitur – causation – burden of proof.
|
13 May 1994 |
|
The applicant recovered wasted expenditure and consequential rent loss where conduct formed a binding lease despite no formal contract.
Contract formation — conduct and correspondence can establish a binding agreement despite 'subject to contract'; repudiation — innocent party entitled to damages for wasted expenditure and consequential loss (reimbursement of materials, contractor fees, and increased rent).
|
11 May 1994 |
|
|
9 May 1994 |
|
Plaintiff failed to prove the electricity supplier’s negligence or causation for the house fire; claim dismissed with costs.
Tort — Negligence — Liability of electricity supplier — Duty ends at metering point; circuit breaker maintenance consumer’s responsibility — Burden of proof and causation in fire loss claims.
|
1 May 1994 |
| March 1994 |
|
|
Vendor liable for failing to deliver agreed beneficial occupation; purchaser recovered proved losses defending third‑party trespass.
Contract for sale of land – express term granting beneficial occupation – meaning of 'immediately' for deposit – vendor's obligation to deliver possession free of encumbrances – liability for losses from third‑party trespass proceedings.
|
22 March 1994 |
| February 1994 |
|
|
|
8 February 1994 |
|
Plaintiff proved debt by signed ledger entry and written admission; counter-claim rejected and judgment with 18% interest and costs granted.
Civil debt action – proof of loan – signed ledger entry and subsequent written admission to debt collector establish liability; counter-claim rejected as fabricated; award of simple interest at 18% and costs.
|
4 February 1994 |
| January 1994 |
|
|
An applicant with unclean hands and contested facts cannot obtain an interlocutory mandatory injunction.
Interlocutory mandatory injunction — exceptional relief — unclean hands and fraud in procurement — contested facts on affidavit — prohibitory interlocutory injunction as adequate protection.
|
27 January 1994 |
|
Taxing master set expense rate, reduced allowances for missing supporting documentation, awarded reasonable hours, and disallowed bill-drawing charge.
Taxation of costs – application of Masters Practice Notes 1986 – requirement to lodge vouchers and attendance/time records – discretion to refuse or reduce allowances – setting of expense rate – quantification of care and conduct – disallowance of bill-drawing charge.
|
21 January 1994 |
|
Taxing master may reduce allowances for non-compliance with practice notes, fix expense rate (K168/hour), and disallow bill‑drawing fees.
Taxation of costs — Masters Practice Notes 1986 — Order 62 Rule 29(7)(d) — supporting papers and attendance notes — expense rate determination — care and conduct allowance — bill‑drawing fee disallowed.
|
21 January 1994 |
|
Application to set aside default judgment dismissed: alleged instalment agreement lacked accord and consideration, no triable issue.
Civil procedure — setting aside default judgment — defendant's alleged agreement to accept instalments for existing debt — Foakes v Beer principle; need for accord, consideration or equitable estoppel (Hughes; D & C Builders v Rees).
|
4 January 1994 |