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Citation
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Judgment date
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| January 2004 |
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Claim struck out as frivolous where debt was paid pre-suit; costs and statutory collection charges disallowed.
Civil procedure – Strike out under Order 18 r 19 – Action frivolous and vexatious where debt paid pre‑suit; costs and statutory legal collection charges not recoverable; amendment of writ inappropriate in strike‑out context (compare Order 20 r 5)
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31 January 2004 |
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Court assesses damages after default judgment: K100,000 loss of expectation; K320,000 dependency; K1,750 funeral expenses.
Wrongful death — assessment after default judgment; loss of expectation of life — conventional award (Rose v Ford; Cain v Wilcock); loss of dependency — multiplicand and multiplier method (Market v McMonagle); valuation of unemployed deceased using statutory minimum wage; apportionment between dependants; award of funeral expenses
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31 January 2004 |
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Assessment of damages after default judgment: awards for pain and suffering, vehicle repair costs, and loss of use.
Negligence — assessment of damages: general damages for pain and suffering, measure of damages for chattel repair costs, damages for loss of use (domestic usage presumption), assessment following default judgment
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31 January 2004 |
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Stay refused; summary judgment granted for repayment where defendant offered only unsupported stay application and a bare general denial.
Civil procedure – Summary judgment – Defendant’s general denial treated as sham under Order 7(16); summary judgment granted. Civil/criminal interface – Stay refused where no evidence of overlapping complainants, no chargesheet produced, and civil relief (repayment) lies outside magistrate jurisdiction
Costs – party-and-party only; no collection or contingency counsel fees
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24 January 2004 |
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Alleged factual disputes were not substantial; originating summons may proceed as pleaded without conversion to writ.
Civil procedure – originating summons vs writ – Orders 5/4 and 28/8; factual disputes on affidavit; mortgage law – sale by auction not mandatory; valuation evidence admissible on affidavit
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15 January 2004 |
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Whether a defence can stand where the insurer’s compensation amounts to an admission of liability.
Civil procedure — Strike out of defence under O18 r19 — Insurer’s payment as admission of liability — Irrelevant averments to be disregarded — Defence unreasonable and unsustainable.
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12 January 2004 |