Results.
9 judgments found.
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| September 1997 |
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Court held Speaker must base a floor‑crossing declaration on verifiable evidence and that ministerial appointment vacated the MP’s seat by law.
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Constitutional law — judicial review of Speaker’s declaration — section 65(1) ‘precedent fact’ — evidentiary requirement; parliamentary privilege not a bar to constitutional review; floor‑crossing; Cabinet membership as public office; vacancy by operation of law (s63(1)(e), s51(2)(e))
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30 September 1997 |
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Assessment of damages for serious personal injuries including disfigurement, future surgery and reduced earning capacity.
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Personal injury — assessment of damages — pain and suffering, loss of amenities; disfigurement — award alongside but distinct from pain and suffering; future medical expenses and travel for overseas plastic surgery; prospective loss of earning capacity where substantial likelihood of impairment exists; acceptance of foreign medical quotation as evidence of costs
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18 September 1997 |
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17 September 1997 |
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Court granted injunction and trespass judgment on summons but declined declaratory relief pending enquiry.
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Civil procedure — judgment on summons (Order 19 r.7) — discretion to refuse default judgment; registrar's lack of jurisdiction to grant injunctions; declaratory relief usually requires enquiry; injunction and damages for trespass granted
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17 September 1997 |
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Measure of damages for a destroyed vehicle is its market/replacement value; separate loss-of-earnings generally disallowed.
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Damages — Total destruction of chattel — Restitutio in integrum — Market/replacement value as going concern — Evidence where no market exists (owner’s knowledge, market witnesses, depreciation, profits) — Overlap between market value and loss of earnings
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16 September 1997 |
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Assessment of damages for serious personal injury: special damages, pain and suffering, and future loss of earning capacity.
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Damages — assessment after default judgment; personal injury — pain and suffering and loss of amenities; special damages — recoverability; future loss of earning capacity despite no present earnings loss
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16 September 1997 |
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State liable for police-inflicted injuries; damages awarded for future domestic help and pain and suffering totaling K52,258.
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State liability for police violence — personal injury — heads of damages: pecuniary (future domestic assistance), pain and suffering, loss of amenities — annuity approach to future care — no award for loss of earnings absent employment evidence
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16 September 1997 |
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An accommodation drawer of dishonoured cheques is liable to a holder for value; summary judgment granted.
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Summary judgment (Order 14) — Bills of Exchange Act s28 — accommodation party liability — holder for value — holder's knowledge immaterial — no requirement to sue principal first — notice of dishonour sufficiency
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15 September 1997 |
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Default judgment conceded liability; oral proof of lost earnings sufficed and plaintiff awarded K31,500 special and K30,000 general damages.
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Tort — inducement of breach of contract; damages — special and general damages; proof of earnings by oral evidence; effect of default judgment (liability conceded); mitigation burden on defendant; exemplary damages against government (oppressive conduct)
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14 September 1997 |