Results.
7 judgments found.
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| November 2001 |
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Plaintiff awarded compensatory damages for workplace negligence causing loss of three fingers and reduced earning capacity.
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Negligence — workplace injury — assessment of damages in defendant's absence — heads of damage: pain and suffering, loss of amenities, disfigurement, loss of earning capacity — prior compensation inadequate
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29 November 2001 |
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Interim injunction upheld in judicial review; Section 10 does not bar injunctions protecting constitutional rights.
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Judicial review — interlocutory injunctions — Section 10 Cap. 6:01 — constitutional remedy — Speaker as party to review — ex parte non-disclosure — American Cyanamid balance of convenience.
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27 November 2001 |
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Court continued interim injunction in judicial review, holding Section 10 Cap.6:01 does not bar injunctions protecting constitutional rights.
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Judicial review — interlocutory injunction against Speaker/Attorney General — applicability of Civil Procedure (Suits by or Against Government) Act s.10 — constitutional power to grant effective remedies — Speaker must be party where declaratory relief is sought — American Cyanamid principles applied
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26 November 2001 |
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Plaintiff awarded lost salary, commuted leave and death gratuity; housing allowance refused; interest from 21 May 1994 at 25% p.a.; costs awarded.
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Civil service — Wrongful dismissal — Assessment of lost salary, commuted leave and death gratuity; refusal of housing/ancillary allowances absent contractual entitlement; interest on judgment debts — discretionary award from effective date of entitlement at 25% p.a. simple interest.
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23 November 2001 |
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A summons for security for costs does not stay proceedings; plaintiff validly entered default judgment, so security application dismissed.
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Civil procedure — security for costs (Order 23) — foreign plaintiff — effect of summons for security on proceedings — default judgment — setting aside default judgment — post-judgment security only where judgment directs further proceedings.
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22 November 2001 |
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Court refused injunction preventing mortgagee’s contractual power of sale; plaintiff lacked a good arguable case.
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Civil procedure — interlocutory injunction — application of American Cyanamid test; Mortgage law — contractual power of sale — courts reluctant to restrain a bona fide exercise of power of sale under a legal charge.
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9 November 2001 |
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Assessment of damages for an 11‑year‑old’s death: K20,000 for life expectancy loss and K15,000 for dependency, plus costs.
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Damages — death of child — assessment of loss of expectation of life and dependency — quantum for infants versus adolescents — conventional awards guided by precedent.
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7 November 2001 |