Results.
12 judgments found.
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| February 2003 |
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Court awarded present-value damages for conversion of trees plus separate damages for trespass; unparticularized loss-of-use claim denied.
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Property law — Conversion of timber — Measure of damages (market value at time of conversion vs present value); Trespass — transitory trespass damages; Evidence — uncontroverted testimony in default assessment; Valuation — reliance on industry quotation where per-tree yields not specified; Loss of use — must be particularized
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27 February 2003 |
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Court awarded K145,000 to the plaintiff for loss of expectation of life and loss of dependency.
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Damages — Wrongful death — Loss of expectation of life — Conventional award — Loss of dependency — Multiplicand and multiplier method — Minor deceased — Assessment on default judgment
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25 February 2003 |
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Applicants wrongfully retired before age 55; recoverable damages limited to contractual entitlements, not non‑contractual allowances.
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Employment law — wrongful termination/forced retirement — damages limited to contractual entitlements (lost salaries to retirement age, gratuity, leave grants, commuted leave, pension); non-contractual allowances not recoverable
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24 February 2003 |
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Plaintiffs awarded K40,000 for eight months' loss of use of a temporarily imported, foreign-registered motor vehicle.
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Damages — loss of use of chattel (motor vehicle) — general damages awardable on proof of loss of use — ownership/use despite foreign registration and temporary importation — quantification of loss of use — costs awarded
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24 February 2003 |
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Court awarded interest on the K650,000 judgment under the Courts Act; dishonoured-cheque basis left undecided.
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Civil procedure — Interest on debt — Courts Act s.11(a)(v) — Judgment interest award on sums found due; Bills of Exchange/dishonoured cheques not decided; interest to be agreed or assessed
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24 February 2003 |
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Default judgment set aside as irregular; defendant granted leave to defend on payment of MK60,005 into court.
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Civil procedure — Default judgment — Irregularity where special damages not liquidated — Setting aside default judgment — Meritorious defence and leave to defend — Procedural non-compliance and supplementary affidavit — Terms for setting aside.
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23 February 2003 |
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Oral sale: post-contract delivery note did not incorporate exclusion clause; seller liable for supplying an unfit used vehicle, refund ordered.
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Contract law — oral sale of a used vehicle — incorporation of exclusion clauses — delivery note issued post-contract not part of contract — representation by salesman amounts to warranty of fitness — buyer returned defective goods — counterclaim for storage dismissed
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20 February 2003 |
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Applicant cannot use RSC Orders 45–52 to commit a government officer; must follow s.8 CP (Suits by/against Government) Act.
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Contempt of court; enforcement of judgment against the Crown; Rules of the Supreme Court Orders 45–52 non‑applicable to Government; Civil Procedure (Suits by or against the Government or Public Officers) Act s.8; committal procedure
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19 February 2003 |
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Insurer entitled to avoid policy where insured materially failed to disclose hazardous commodities on the proposal form.
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Insurance law — uberrimae fidei — duty of full disclosure; material non-disclosure on proposal form; specific questions as determinative of materiality; misrepresentation voids policy; credibility affected by alleged offers to agent/assessor; causation of fire not established
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13 February 2003 |
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Assessment following default judgment awarding damages for property value, net lost rentals (after 20% withholding tax), and surveyor's fees.
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Assessment of damages — default judgment — property valuation and lost rents — application of 20% withholding tax to rental loss — recovery of expert's fees — costs to plaintiff
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9 February 2003 |
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Assessment after default judgment: plaintiff awarded K110,000 for pain, loss of amenities and reduced earning capacity; costs awarded.
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Assessment of damages — personal injury after default judgment — quantum for pain and suffering, loss of amenities and loss of earning capacity — reliance on comparable awards and adjustment for currency devaluation — costs awarded
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6 February 2003 |
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Assessment of damages: court accepted the authorized dealer’s repair quotation and awarded repair and loss-of-use damages.
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Motor vehicle accident — assessment of damages — admissibility of photographs — weight of competing repair quotations — insurance assessor's report disregarded where tendering witness is not author — special damages must be pleaded and strictly proved — award of loss of use for private vehicle without proven period
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4 February 2003 |