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Citation
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Judgment date
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| January 2003 |
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Assessment of damages for road traffic injuries; plaintiff awarded K130,000 for pain, suffering and loss of amenities.
Road traffic accident – personal injury – assessment of damages – pain and suffering – loss of amenities of life – unchallenged evidence – reliance on comparable awards for quantum
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30 January 2003 |
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Court confirmed injunction preventing defendants using the party name, finding plaintiffs raised serious triable issues and laches inapplicable.
Interlocutory injunctions; American Cyanamid principles; Political Parties (Registration and Regulation) Act ss.5, 7, 9; equity maxims (clean hands, laches, balance of convenience); passing‑off in political party names; use of "National" requires authority; damages inadequate for name/goodwill loss; leave to appeal granted
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30 January 2003 |
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Injunction continued to prevent sale of private company assets pending trial over alleged entitlement to 20% shares.
Injunctions — American Cyanamid principles — serious issue to be tried; balance of convenience; adequacy of damages — private company shares; specific performance
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29 January 2003 |
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Claimant failed to prove vehicle ownership; interpleader dismissed and Sheriff may proceed with sale.
Interpleader — ownership of seized vehicle — authenticity of registration and insurance documents — burden of proof to establish ownership — wrongful restraint of execution — costs awarded
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20 January 2003 |
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Court quashed 'persons unknown' bribery counts for inadequate particulars and ordered prosecution to elect or plead alternatively on overlapping counts.
Corrupt Practices Act (ss.24,25,29) – multiplicity of charges – sufficiency of particulars – 'persons unknown' – right to be informed of charge – presumption of innocence – quashing defective counts – alternative pleading
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19 January 2003 |
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Whether restructuring unlawfully discriminated against a contract employee, entitling her to equal terminal benefits and damages.
Employment law; constitutional discrimination (s.20) and unfair labour practice (s.31); devolution/restructuring of employer; contract terms superseded by employer's restructuring scheme; entitlement to terminal benefits; interest not awardable on damages absent contract or statute
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12 January 2003 |
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An ex parte interlocutory injunction lapsed by efflux of time; the discharge application was unnecessary and dismissed, parties pay their own costs.
Interlocutory injunction – ex parte order valid for fixed period – lapse by efflux of time – failure to file inter-partes proceedings within directed period – alleged evasion of service insufficient – equitable relief requires clean hands – discharge application unnecessary and dismissed – costs: parties to bear own costs
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9 January 2003 |
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Application to restrain episcopal enthronement dismissed for lack of proof, delay, and adverse balance of convenience.
Ecclesiastical law — interpretation of Canon 6(10) and Canon 10A — secrecy of Elective Assembly and non-disclosure of alternates; interlocutory injunction principles (American Cyanamid) — burden of proof, standing, delay, adequacy of damages and abuse of process; natural justice concerns in confirmation proceedings require trial
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9 January 2003 |
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Malicious newspaper allegations of corruption against the plaintiff constituted libel; plaintiff awarded exemplary damages.
Defamation (libel) – malicious publication of false corruption allegations against a public official – failure to adduce evidence/strike off defence – exemplary damages awarded
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9 January 2003 |