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Citation
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Judgment date
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| May 2004 |
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Assessment of damages: plaintiff awarded K180,000 for pain and suffering and K65,000 for loss of amenities.
Assessment of damages – Personal injury – Fracture of right humerus – Default judgment and unchallenged evidence – Quantification of general damages for pain and suffering and loss of amenities – Comparable precedent considered
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31 May 2004 |
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Court awarded K350,000 for pain and suffering and K50,000 for reduced earning capacity after negligent driving.
Delict/negligence — assessment of damages for pain and suffering, loss of amenities and deformity — award for loss of earning capacity — reliance on comparable local precedents and adjustment for currency depreciation
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31 May 2004 |
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Court awarded market-value damages and quantified lost rentals and interest on capitalized business value after default judgment for property destroyed by school pupils.
Negligence – vicarious/liability of Ministry for pupils’ acts; Damages – market value for destroyed property; Loss of rental – months x rent per room; Loss of business/profits – interest on capitalized value where net profits unproven; Acceptance of uncontroverted valuations when receipts destroyed; Speculative future gains not compensable
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31 May 2004 |
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Assessment of wrongful-death damages: K60,000 for expectation of life and K950,000 for dependency using multiplicand-multiplier method.
Damages -- Wrongful death -- Loss of expectation of life; Loss of dependency -- Multiplicand and multiplier method; annual (seasonal) income as multiplicand; one-third deduction for personal living expenses; apportionment and deposit of minors' shares in court
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31 May 2004 |
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Court awarded damages for loss of expectation of life and dependency using individual circumstances and the multiplicand‑multiplier method.
Assessment of damages – loss of expectation of life and dependency – applicability of multiplicand‑and‑multiplier method – use of individual circumstances over national life‑expectancy statistics – adopting minimum wage as proxy multiplicand where income unproven
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31 May 2004 |
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Following a default judgment for repudiation, the contractor was awarded contract value, loss of profit, loss-of-use damages, and release of bonds.
Contract repudiation — entitlement to payment for work done and recovery of loss of profit; assessment of damages for loss of use, demobilisation and extension of time; application of contract currency split and release of performance bonds
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31 May 2004 |
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Assessment awards plaintiff K4,543,912 for loss of profits from vehicle being out of service; no interest awarded.
Assessment of damages – loss of profits for deprivation of use of vehicle – calculation of daily rate, working days and running expenses – absence of defendants at assessment – no interest on lost profits (avoidance of double compensation)
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31 May 2004 |
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Assessment of damages for personal injuries awarded for pain, loss of amenities, loss of earning capacity, and proved special damages.
Torts — Negligence — Assessment of damages for personal injuries — Heads: pain and suffering, loss of amenities, loss of earning capacity — Quantification by reference to comparable awards — Special damages must be substantiated
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17 May 2004 |
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Electoral Commission unlawfully added MSCE requirement; Returning Officer unlawfully rejected and failed to transmit nomination papers.
Electoral law — Candidate qualifications — Interpretation of constitutional and statutory requirement to be able to "speak and read English" — Electoral Commission's imposition of MSCE prerequisite held unreasonable and ultra vires; Returning Officer's failure to transmit nomination papers under Section 40 (procedural duty) — Judicial review: illegality, irrationality (Wednesbury), procedural impropriety; mandamus to accept nominations.
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17 May 2004 |
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Defilement conviction upheld on one count; child testimony and nurse's medical report accepted; four-year sentence confirmed with delayed commencement adjustment.
Criminal law – Defilement – Child complainants' evidence and corroboration; admissibility of medical reports by nurses/midwives; appellate review of credibility findings; sentence review; effect of delayed judgment.
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14 May 2004 |
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Applicant's claim of biased state-media coverage rejected for insufficient admissible evidence and inappropriate affidavit-only procedure.
Constitutional and electoral law — duty of Electoral Commission to ensure free and fair elections — access to state-controlled media — equal coverage and right of reply — admissibility of affidavit evidence, hearsay exclusion — appropriateness of Originating Summons where substantial factual disputes exist — res judicata
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13 May 2004 |
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Originating Summons dismissed for failure to present admissible, particularised evidence proving biased state media coverage in elections.
Constitutional and electoral law — access to state-controlled media — evidentiary requirements for declaratory relief — inadmissibility of hearsay and affidavits based on information and belief — Originating Summons and disputes of fact — Court will not ‘fish’ for evidence
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13 May 2004 |
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Electoral Commission unlawfully abdicated complaint-handling; court ordered fresh voter-roll verification, custody of excess ballots and poll postponement.
Electoral law – duty of Electoral Commission to decide complaints – unlawful referral to Office of the President – voters’ register verification under s31 PPEA – distinction between close of registration (s29) and verification – judicially ordered fresh verification and limited postponement of poll – custody and audit of excess ballot papers – locus and remedies to secure free and fair elections
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13 May 2004 |
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Assessment of wrongful-death damages using expectation-of-life awards and the multiplicand–multiplier dependency method, with minors' shares deposited in court.
Assessment of damages – wrongful death – loss of expectation of life – conventional awards guided by comparable cases; loss of dependency – multiplicand and multiplier method; use of minimum wage as multiplicand for unemployed and reduced rate for juveniles; apportionment among dependants; minors’ awards to be paid into court
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10 May 2004 |
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Assessment of damages after default judgment: awards for pain, suffering, loss of amenities and costs.
Assessment of damages – personal injury – default judgment fixing liability – uncontroverted plaintiff testimony – general damages for pain and suffering and loss of amenities – guidance from comparable awards
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5 May 2004 |