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Citation
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Judgment date
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| July 2003 |
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Defaulting defendant liable; plaintiffs awarded damages for pain, suffering and loss of amenities; no award for loss of earning capacity.
Tort—negligence—assessment of damages for pain and suffering and loss of amenities—loss of earning capacity not established—quantification by comparable authorities—default judgment—costs to successful plaintiffs.
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31 July 2003 |
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The applicant awarded K20,000 for non‑serious cut wounds and loss of amenities; no proven adverse effect on pregnancy.
Personal injury — assessment of damages — non‑serious cut wounds and multiple abrasions — pregnancy considerations where no adverse effect proved — use of comparable awards in fixing quantum.
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31 July 2003 |
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Applicant entitled to interim pension award for employer's failure to remit contributions; tax to be deducted and final assessment reserved.
Employment law — Pension benefits — Employer's failure to remit employee pension contributions — Contractual entitlement to pension — Assessment of damages on default judgment — Interim award and tax deduction.
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31 July 2003 |
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A three‑year sentence for minor theft was manifestly excessive; reduced and defendant immediately released.
Sentencing review – manifestly excessive sentence – simple theft of low value – weight of guilty plea, youth and first‑offender status – role of prior convictions in sentencing – non‑custodial alternatives (community service, suspension).
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23 July 2003 |
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Court set aside a manifestly excessive three-year sentence for petty theft and ordered the defendant’s immediate release.
Criminal law – Sentencing – Manifestly excessive sentence for simple theft – Value of property and absence of aggravated charge – Relevance of prior convictions (similarity and proof) – Plea of guilty, youth and first-offender leniency – Duty to call for prior record – Community service or suspension as alternatives.
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23 July 2003 |
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Sentencing for burglary must consider offence circumstances, offender and victim; ordinary burglary merits at least three years custody.
Criminal law — Sentencing principles for burglary — Factors affecting actus reus and mens rea — Aggravating factors (force, damage, multiple offenders, victim vulnerability) — Chizumila six-year threshold — Ordinary burglary minimum three years — Custodial sentences generally required.
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23 July 2003 |
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Employees lack standing to restrain a debenture holder’s appointment of a receiver; no triable issue for interlocutory relief.
Debenture law – right to appoint receiver; interlocutory injunction – American Cyanamid principles; locus standi of employees to restrain creditor; authorities: Gosling v Gaskells, Shamji v Johnson Matthey, Downsview Nominee Ltd.
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14 July 2003 |
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The applicants' convictions, based on inadequate identification and an unrefuted alibi, were unsafe and sentences quashed.
Criminal law – Identification evidence – Turnbull warning – visual identification at night – unrefuted alibi – unsafe conviction – manifestly excessive sentence.
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9 July 2003 |
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A resigned director cannot continue as managing director or occupy company offices; injunction and possession ordered.
Company law – resignation of director – effect of written resignation – Managing Director must be a director; corporate groups – legal test for group/subsidiary relationship; tenancy at will and wrongful occupation of company premises; injunctions to restrain former director from holding himself out and interfering with management; mesne profits assessed where market rental not adduced; corporate veil not lifted where no impropriety shown.
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8 July 2003 |
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Former director cannot continue as Managing Director or occupy company offices after resignation; injunctions granted and mesne profits ordered to be assessed.
Companies law — corporate personality and group companies — meaning of “group” under Companies Act; Directors and Managing Director — resignation by written notice vacates office; Occupation — former director’s post-termination occupancy of company premises is tenancy at will and wrongful after demand; Remedies — injunctions to restrain false representations and interference; Mesne profits — damages to be assessed by Registrar; Amendment of pleadings — inexcusable delay and prejudice justify refusal.
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7 July 2003 |
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Claims for money and tortious enslavement dismissed; maize mill vested in children's trust; vehicle to be valued and sale proceeds partly invested for children.
Family law – matrimonial property and contributions; dismissal of claims for monetary accounting and tortious enslavement for lack of credible evidence; establishment of trust for children’s property; vehicle valuation and sale procedure; counter-claim dismissed.
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2 July 2003 |