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Citation
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Judgment date
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| April 2003 |
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Ex parte injunction dissolved where applicant suppressed material facts and bank complied with statutory notice; damages adequate remedy.
Registered Land Act – statutory notice and power of sale; ex parte injunction – duty of full disclosure; suppression of material facts vitiating interlocutory relief; adequacy of damages as remedy; restraint of sale only if bad faith or sale vulnerable to being set aside.
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27 April 2003 |
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An amended writ replaces the original; failure to serve amended pleadings does not justify dismissal for want of prosecution.
Civil procedure — Amendment of writ and pleadings — Effect of amended writ substituting original — Order 20 r9: non-compliance renders amendment ineffective, does not mandate dismissal — Order 20 r10 and Practice Directions on when fresh documents and service required — Proper remedy for incorrect party: striking under Order 15.
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27 April 2003 |
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Detention beyond 48 hours without charge breached the Constitution; court ordered release on bail after balancing interests of justice.
Constitutional law – Right to be brought before a court within 48 hours (s42(2)(b)) – Continuous breach where detention exceeds 48 hours – Habeas corpus remedy – Bail in capital offences – balancing interests of justice.
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23 April 2003 |
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Assessment awards damages for police assault, two-day false imprisonment, limited defamation and malicious prosecution, plus costs.
Police misconduct – assault and battery; false imprisonment (short detention) – damages; defamation – limited publication; malicious prosecution – damages; assessment of quantum on default judgment.
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16 April 2003 |
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The court confirmed a five-year sentence for breaking into a building, finding non-recovery of stolen property aggravated the offence.
Criminal law – Breaking into a building – Sentencing – High Court guideline starting point three years – Non-recovery of stolen property as aggravating factor – Confirmation of five-year sentence.
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16 April 2003 |
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Convictions and concurrent sentences for burglary, housebreaking and theft confirmed; five-year burglary sentence upheld.
Criminal law – Burglary and theft – Recent possession doctrine – Sentence review – Concurrent terms – Whether five-year burglary sentence manifestly excessive.
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16 April 2003 |
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After default judgment, plaintiff awarded K65,000 for pain and suffering; no award for loss of amenities.
Negligence – Assessment of damages after default judgment – Medical evidence and uncontroverted testimony – Pain and suffering awarded; no loss of amenities proven – Quantum determined by comparable awards and currency considerations.
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15 April 2003 |
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Convictions for assault and malicious damage upheld (willfulness includes recklessness); sentence found excessive and varied to immediate release.
Criminal law — appeal against conviction and sentence — self‑defence vs excessive force — malicious damage: 'willfully' includes recklessness — appellate restraint on findings of fact — sentencing: relevance of offence and offender's circumstances; excessive sentence reduced to immediate release.
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14 April 2003 |
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Applicant's convictions upheld; sentencing set aside as excessive and substituted with immediate release (community order appropriate).
Criminal law – assault occasioning actual bodily harm – self-defence and excessive force; Malicious damage (s344) – meaning of 'willfully' includes recklessness; Appellate review of factual findings; Sentencing – excessive custodial terms versus community orders.
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14 April 2003 |
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Convictions confirmed; each convict’s burglary sentence increased by two years due to aggravating factors.
Criminal law – Sentencing – Burglary – High Court guideline starting point six years – disparity in sentences – aggravating factors: multiple offenders, no guilty plea, previous convictions – confirmation and enhancement of sentence.
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11 April 2003 |
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Confession and witness evidence sustain arson convictions; automatism rejected; three-year sentences upheld.
Criminal law – arson – sufficiency of evidence and confession; automatism – self-induced drunkenness not a defence; right to silence and calling witnesses; sentence proportionate.
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10 April 2003 |
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On review the court increased an unduly lenient six-year sentence for armed robbery to 14 years.
Criminal law – Armed robbery – Sentence review – Ten-year starting point – Mitigating factors: guilty plea and first offender – Aggravating factors: victim injury and multiple offenders – Power to enhance manifestly inadequate sentence on review.
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10 April 2003 |