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Citation
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Judgment date
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| April 2004 |
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Assessment of general damages for pain, suffering and loss of amenities following negligent driving causing permanent impairment.
Tort—Negligence—Motor vehicle accident—Assessment of general damages (pain and suffering, loss of amenities)—Quantum guided by precedent and currency value—Permanent impairment and reduced earning capacity.
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30 April 2004 |
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Permanent pensionable employee wrongfully dismissed entitled to salary until eligible for early retirement and pension/gratuity; other claims dismissed.
Employment law – wrongful dismissal of permanent, pensionable employee – Employment Act inapplicable to statutory/governmental employer – measure of damages: future salary until eligible for early retirement, pension and gratuity – refusal of reinstatement and unproven special damages.
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30 April 2004 |
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Plaintiff awarded general and special damages for serious personal injuries, including dental expenses, after defendant's negligence.
Personal injury — assessment of damages — general damages for pain, suffering, disfigurement and loss of amenities — special damages for dental expenses — reliance on comparable awards and adjustment for currency depreciation.
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30 April 2004 |
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Plaintiff shot by police awarded damages for pain, loss of amenities and earning capacity; exemplary damages disallowed.
Personal injury – police shooting – assessment of damages for pain and suffering, loss of amenities and loss of earning capacity; exemplary damages not awarded where unpleaded; uncontroverted evidence on default judgment.
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30 April 2004 |
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Court awards K200,000 for plaintiff’s pain, loss of amenities and disfigurement from defendant’s agent’s negligence.
Personal injury – assessment of damages – pain and suffering, loss of amenities and disfigurement – reliance on comparative awards and adjustment for currency depreciation – assessment on uncontroverted evidence after default judgment.
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30 April 2004 |
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Damages for loss of expectation of life awarded (K180,000); unpleaded loss of dependency ignored; submissions cannot introduce new facts.
Assessment of damages – default judgment – loss of expectation of life – distinction between loss of expectation and loss of dependency – submissions cannot introduce new facts – reliance on precedent and adjustment for currency depreciation – apportionment to dependants.
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30 April 2004 |
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Court awarded K192,000 for loss of dependency using multiplicand/multiplier, reduced for personal needs and apportioned to children.
Damages — Wrongful death — Loss of dependency — Multiplicand and multiplier method — Reduction for deceased’s personal expenses — Apportionment to surviving children — Payment into court and investment.
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30 April 2004 |
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Admissibility of documentary exhibits in supporting affidavits and whether MACRA ousts the High Court’s constitutional jurisdiction.
Constitutional and civil procedure – admissibility of documentary exhibits in affidavits (Order 41 r.5) – hearsay – res judicata requires same parties and specific pleading – jurisdiction: MACRA vs High Court constitutional jurisdiction – admissibility and standing of supplementary affidavits; procedural compliance (skeletons, bundles, authorities).
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29 April 2004 |
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Assessment of general damages after default judgment; plaintiff awarded K95,000 for 40% incapacity.
Civil procedure – assessment of damages after default judgment; personal injury – measure of general damages for pain and suffering; use of comparable awards and adjustment for currency devaluation; assessment of incapacity (40%).
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22 April 2004 |
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Court found breach of a replanting agreement, held the State vicariously liable, and awarded damages limited to pleaded losses.
Contract law – breach of agreement to replant – State vicarious liability – assessment of expectation damages limited to pleaded particulars – proceeding in absence of defendant (Order 35 r.2).
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13 April 2004 |
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Plaintiff succeeded in absent-defendant trial: driver breached duty by veering onto wrong side; K217,322.16 awarded for repairs.
Motor vehicle collision – Order 35 Rule 2 (trial in absence) – proof limited to pleadings – duty of care of drivers – breach by driving on wrong side – damages assessed on tendered repair quotation – insurer’s indemnity contingent on insured’s liability.
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13 April 2004 |
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Assessment awards K438,000 for head injury: pain and suffering, loss of earning capacity and future care; costs to plaintiff.
:[
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6 April 2004 |
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Interlocutory injunction protecting customary land was retained because no lease grant or material change had occurred.
Interlocutory injunctions – customary land – possession/occupation/use as sufficient interest – meaning of "vacant" in Lands Office records – material change of circumstances – contempt proceedings not an automatic bar to application.
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5 April 2004 |
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Interlocutory injunction dissolved where applicant failed to show a triable issue and damages were an adequate remedy.
Interlocutory injunctions – American Cyanamid principles – serious question to be tried – adequacy of damages – balance of convenience – suppression of material facts – contractual dispute over subcontracted payments – risk to third-party contractual performance.
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4 April 2004 |