Results.
8 judgments found.
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| July 2001 |
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A conditional offer that failed to arise prevented contract formation; claim dismissed and defendant awarded costs.
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'Contract law' — conditional offer; formation of contract; sale of goods; acceptance; burden and standard of proof; costs follow the event
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29 July 2001 |
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Assessment of wrongful-death damages: awards for loss of expectation and dependency, apportionment, and minors' shares lodged in court.
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Wrongful death — assessment of damages — loss of expectation of life; loss of dependency — multiplicand and multiplier method; one-third deduction; apportionment among dependants; minors' shares to be paid into court.
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18 July 2001 |
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Court dismissed an oral Order 14A summary application, finding disputed facts and improper procedure; case to proceed to trial.
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Defamation (libel) — qualified privilege — publication admitted by newspaper — Order 14A summary disposal — procedural requirement that disputed factual issues be resolved at trial — oral Order 14A application at final hearing improper
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15 July 2001 |
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Interim injunction granted in a passing-off claim where damages inadequate and balance of convenience favoured the applicant.
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Passing off; interlocutory injunctions (American Cyanamid principles); adequacy of damages in passing-off claims; balance of convenience/incidence of injustice; billboard advertising confusion.
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15 July 2001 |
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Oral Order 14A disposal at trial refused where disputed factual issues and procedural requirements necessitated a full trial.
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Defamation — publication by newspaper — qualified privilege defence; Order 14A applications — suitability and procedure; necessity to prove disputed facts at trial when defendant absent
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15 July 2001 |
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A spouse has standing to challenge deportation; deportation unlawful where statutory visa-exemption and procedural safeguards ignored.
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Constitutional law — standing under s15(2) and s46 — broad ‘sufficient interest’ test; Administrative law — duty to give written reasons and notification of appeal; Immigration law — visa-exemption schedule for Nigerian nationals; Judicial review — Wednesbury unreasonableness; Family rights — consideration of marital/consortium interests in immigration decisions
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7 July 2001 |
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Wrongful but clear termination entitles the applicant to notice pay; overtime and accrued leave awarded, other claims denied.
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Employment law — wrongful but clear termination — contractual requirement of one month's notice or pay in lieu — termination effective despite breach — damages limited to notice period — entitlement to unpaid overtime and accrued leave — insufficient proof for additional pension refund
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3 July 2001 |
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Employer vicariously liable for guards' battery and false imprisonment; bicycle trespass proven; K60,000 awarded.
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Tort — Battery and false imprisonment by security guards; vicarious liability of employer; trespass to chattel (bicycle); assessment and quantum of damages; absence of defendant at trial
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1 July 2001 |