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Citation
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Judgment date
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| March 2004 |
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Detinue for wrongful detention of vehicle keys and damages for lost hiring income awarded to the plaintiff.
Detinue – unlawful detention of vehicle keys; Trespass – overlapping tort; No conversion established; Measure of damages for loss of use and business loss; Default judgment and uncontroverted evidence
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31 March 2004 |
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Court awarded K70,000 for the plaintiff’s pain and K150,000 to the deceased child’s estate for loss of life.
Assessment of damages — personal injury and wrongful death — medical evidence limits compensable injuries — use of comparable awards and currency adjustment — award of K70,000 for pain and suffering and K150,000 for loss of expectation of life
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31 March 2004 |
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Assessment of wrongful death damages: calculation of loss of expectation of life and dependency using the multiplicand‑multiplier method.
Damages — wrongful death — loss of expectation of life; Damages — loss of dependency; Multiplicand and multiplier formula; Default judgment and uncontested evidence; Apportionment and safeguarding minors’ shares
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31 March 2004 |
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Assessment of damages for assault, false imprisonment, defamation and special damages; no separate constitutional award.
Tort — Assessment of damages after default judgment — Assault causing bodily harm; false imprisonment; slander — quantum guided by comparable awards and currency depreciation — special damages awarded; separate constitutional damages declined
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31 March 2004 |
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First defendant convicted on one bribery count; second defendant convicted on another; other counts resulted in acquittals.
Corrupt Practices Act s24(2) – burden of proof beyond reasonable doubt – assessment of witness credibility – circumstantial evidence – res gestae and conspiracy exceptions to hearsay – conviction for offering/promise of gratification to a judge
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29 March 2004 |
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Application for expedited election hearing adjourned for failure to effect adequate service; presidential immunity to be argued next.
Constitutional/election petition – service requirements for inter partes hearing – substituted service – adequacy of service – preliminary objection of presidential immunity – adjournment – costs in the cause.
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27 March 2004 |
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Adjournment for proper service; important issue of presidential immunity reserved for full argument.
Constitutional law; election petitions under s100 Parliamentary and Presidential Elections Act; service of process; interlocutory procedure; presidential immunity from suit; expedited hearing requirements.
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27 March 2004 |
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Court upheld discretion to require inter partes hearing for discharge of an ex parte injunction; failure to meet conditions causes lapse.
Civil procedure – Ex parte interim injunctions – Order 29 RSC – interim nature and limited duration – undertaking as to damages – applicant’s duty to file inter partes application – court’s discretion to hear discharge application ex parte or inter partes
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25 March 2004 |
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Prosecution evidence sufficed to raise a prima facie murder case; accused must be called to enter her defence under section 254.
Criminal procedure — No-case submission — Section 254 Criminal Procedure and Evidence Code — Prima facie test (Lord Parker Practice Direction) — Whether a reasonable tribunal could convict ('could' v 'would') — Hostile witnesses treated as no evidence — Mid-trial assessment distinct from proof beyond reasonable doubt — Sufficiency of linkage/causation evidence
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24 March 2004 |
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An action on dishonoured cheques succeeds despite a resale-condition defence; seized items must be returned and costs awarded to the plaintiff.
Negotiable instruments – Dishonoured cheques – Right of action accrues upon dishonour and notice; Defence of conditional payment (resale) not available in action on cheque; Counterclaim dismissed for no evidence; Return of seized property ordered; Costs to defendant.
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1 March 2004 |