Results.
14 judgments found.
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| April 2004 |
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Plaintiffs awarded damages for personal injuries from negligent driving: K175,000 and K300,000; costs to plaintiffs.
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Negligence — Personal injury — Assessment of general damages for pain and suffering and loss of amenities — Use of prior awards as guide and adjustment for currency depreciation — Awards: K175,000; K300,000 — Costs to successful plaintiffs
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30 April 2004 |
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A permanently employed pensionable plaintiff wrongfully dismissed is entitled to salary until early retirement and pension/gratuity, not merely statutory notice pay.
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Employment law — wrongful dismissal of permanent, pensionable employee — Employment Act inapplicable to statutory/government institutions — measure of damages: future salary to early retirement and pension/gratuity on terminal salary — other heads (reinstatement, rentals, transport, conspiracy, professional allowance, defamation) denied
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30 April 2004 |
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Assessment of damages: plaintiff awarded general and special damages for personal injuries after default judgment.
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Assessment of damages — default judgment — personal injury — general damages for pain and suffering, loss of amenities and disfigurement — special damages for medical/dental expenses — use of comparable awards and currency depreciation
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30 April 2004 |
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Court awarded damages for injuries from a police shooting; exemplary damages disallowed as not pleaded.
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Police shooting — personal injury — assessment of damages — pain and suffering; loss of amenities; loss of earning capacity — exemplary damages not available if not pleaded — default judgment leaves evidence uncontroverted
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30 April 2004 |
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The plaintiff awarded K200,000 for pain, suffering, loss of amenities and disfigurement after an uncontroverted default judgment.
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Damages — personal injury assessment after default judgment — general damages for pain and suffering, loss of amenities and disfigurement — reliance on comparative awards and currency depreciation
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30 April 2004 |
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Court awards K180,000 for loss of expectation of life after default judgment, rejecting unpleaded dependency claims and apportioning award equally.
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Damages — Loss of expectation of life — Assessment after default judgment; Pleadings — submissions cannot introduce unpleaded facts or claims; Distinction between loss of expectation of life (estate) and loss of dependency (dependants); Use of precedent and currency adjustment in quantifying conventional awards; Apportionment between identified dependants
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30 April 2004 |
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Court applied multiplicand-multiplier method, awarding K192,000 for dependency, apportioned among children and paid into court.
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Damages — assessment of dependency loss — multiplicand-and-multiplier method applied — multiplicand K2,000/month; multiplier 12 years — one-third deduction for personal needs — apportionment among children — payment into interest-bearing court accounts — costs for plaintiffs
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30 April 2004 |
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Affidavit exhibits require deponent's personal knowledge; High Court may hear constitutional media complaints despite regulatory avenues.
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Constitutional jurisdiction — High Court retains original jurisdiction over alleged violations of fundamental rights despite regulatory remedies; Affidavit evidence — Order 41 r.5 and hearsay rule require deponent's personal knowledge for exhibits; Res judicata — must involve same parties and be specifically pleaded; Supplementary affidavits — leave required under Order 41 r.7; Pre-hearing preparation — court bundle, skeleton arguments, lists and authorities required
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29 April 2004 |
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Following default judgment the plaintiff was awarded K95,000 for pain and suffering for 40% permanent incapacity.
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Assessment of damages — default judgment — personal injury — measure of damages (Livingstone principle) — 40% permanent incapacity — comparative awards and currency devaluation — award of K95,000 for pain and suffering
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22 April 2004 |
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Breach of agreement to replant trees attracts damages limited to pleaded losses; State vicariously liable.
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Contract law — agreement to replant trees — breach of contract by government project — vicarious liability of Attorney General — assessment of damages limited to pleaded losses; civil procedure — proceeding in defendant’s absence (Order 35 Rule 2)
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13 April 2004 |
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In absence of defendants, plaintiff proved the truck driver’s negligence and recovered K217,322.16 in repair costs and costs.
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Motor vehicle negligence — duty of care of drivers; driver must keep to near-side and stop within vision — proof and consequences of breach; default proceedings under Order 35 Rule 2 — quantum based on tendered repair quotation — insurer’s indemnity under Road Traffic Act
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13 April 2004 |
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Assessment of damages for workplace head injury: awards for pain, loss of earning capacity and future care, plus costs.
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Personal injury — workplace accident — head and neck injuries with cognitive impairment; assessment of damages; pain and suffering and loss of amenities; loss of earning capacity (multiplicand and multiplier; discount for contingencies); award for future care; costs
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6 April 2004 |
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Interlocutory injunction preserved where plaintiff showed arguable customary possession and no material change (no lease granted).
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Interlocutory injunctions — customary land — "vacant" in Lands Office correspondence — possession, occupation and use as sufficient interest at interlocutory stage — material change of circumstances — pending lease applications — contemnor's right to be heard
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5 April 2004 |
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Interim injunction discharged where plaintiff failed to show serious issue and damages were an adequate remedy.
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Interlocutory injunctions — American Cyanamid principles — requirement to show good arguable claim/serious question to be tried — adequacy and quantifiability of damages — balance of convenience — risk of prejudice to performance of primary contracts — ex parte orders and suppression of facts
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4 April 2004 |