Results.
9 judgments found.
|
|
|
| January 2003 |
|
|
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
|
30 January 2003 |
|
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
|
30 January 2003 |
|
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
|
29 January 2003 |
|
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
|
20 January 2003 |
|
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
|
19 January 2003 |
|
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discrimination (s.20) and unfair labour practice (s.31); devolution/restructuring of employer; contract terms superseded by employer's restructuring scheme; entitlement to terminal benefits; interest not awardable on damages absent contract or statute
|
12 January 2003 |
|
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
|
9 January 2003 |
|
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
|
9 January 2003 |
|
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
|
9 January 2003 |