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| August 2004 |
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31 August 2004 |
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Possession order set aside where a 1974 sale agreement gave the defendant a prima facie defence to plaintiff’s title.
Land law – setting aside default possession order (Order 113 r.8); effect of historic sale agreement (1974) on title; requirement of conveyance versus agreement; delay excused for poor representation, custody and low literacy
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30 August 2004 |
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Employer failed to prove valid reason and observe natural justice; dismissal declared unfair and K150,000 awarded.
Employment law – unfair dismissal – constitutional right to fair and safe labour practices; natural justice in disciplinary processes; employer's burden to prove substantial and valid reason; application of ILO Termination of Employment Convention (Article 4) in domestic law
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30 August 2004 |
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Where ownership or boundary disputes exist, summary possession under RSC Order 113 r.1 is inappropriate and a full trial is required.
Civil procedure — Possession claims under RSC Order 113 r.1; licence from predecessor in title; boundary and ownership disputes; affidavit evidence insufficient to resolve real disputes; referral to full trial under RSC Order 28 r.8
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30 August 2004 |
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The plaintiff is entitled to compound interest at 1% above bank rate on the unpaid judgment balance from February 2004.
Judgment interest — instalment agreements as waiver of immediate payment — entitlement to compound interest at 1% above bank lending rate (Zgambo v KFCTA) — interest period from default of instalments.
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27 August 2004 |
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Default judgment set aside where defendant’s affidavit and proposed defence showed a prima facie real prospect of success.
Civil procedure – Default judgment – Order 19 r.9 – Setting aside regularly entered default judgment requires affidavit evidence of a defence on the merits with a real prospect of success; contractual compliance as prima facie defence to wrongful termination; constitutional and ILO challenges reserved for trial.
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27 August 2004 |
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A defendant who satisfies a default judgment cannot later set it aside to avoid sheriff fees.
Civil procedure – default judgment – attenuated statement of claim – sufficiency of particulars where defendant knows details – Order 6 r 2(1) Rules of Supreme Court; setting aside judgment – effect of satisfaction of judgment; approbation and reprobation; liability for sheriff fees and costs.
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26 August 2004 |
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Action struck out because the plaintiff’s counsel lacked a practising licence; counsel ordered to pay costs.
Civil procedure – striking out proceedings commenced by an unlicensed legal practitioner – uncontested application – undertaking to discontinue – solicitor to bear costs to be taxed.
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26 August 2004 |
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Dismissal for alleged corruption without disciplinary hearing breached the Employment Act and contractual natural justice; compensation and costs awarded.
Employment law – unfair dismissal – burden on employer to justify dismissal – natural justice – requirement to issue disciplinary memorandum and afford hearing – procedural bias – compensation as remedy.
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26 August 2004 |
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Employee unfairly dismissed after disputed fraud investigation; employer breached natural justice and must pay damages and costs.
Employment law – unfair and summary dismissal – principles of natural justice – employer's burden to prove valid reason and act with justice and equity – bias in disciplinary investigations – credibility of witness statements
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25 August 2004 |
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Employees wrongfully dismissed without disciplinary hearing or proof; court awarded compensation and costs, declined interest.
Employment law – unfair dismissal – employer bears burden to justify dismissal – failure to follow disciplinary procedure and natural justice – suspicion is not proof – remedy by compensation when reinstatement inappropriate
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25 August 2004 |
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Liability acknowledged; damages reduced where plaintiff failed to mitigate and repairer's delay broke causation.
Tort — Negligence; causation and mitigation of loss; novus actus interveniens where delayed third‑party repairs break causation; proof of special damages and assessment of loss of use/revenue; insurer's pleaded policy limits
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25 August 2004 |
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The respondent was held liable for malicious prosecution, false imprisonment and defamation after discontinuance of unsubstantiated treason charges.
Malicious prosecution – Elements: prosecution by State, favourable termination (discontinuance), lack of reasonable and probable cause, malice; False imprisonment – breach of constitutional right to liberty; Defamation – reputational damage from criminal charges and publicity; Civil procedure – originating summons treated as writ; Trial in absence of defendant
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25 August 2004 |
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The plaintiff was unfairly dismissed where redundancy was not genuine; awarded unpaid terminal benefits only.
Employment law – Unfair dismissal – Redundancy must be genuine – Burden on employer to prove reason for dismissal – Remedies: compensation for unpaid terminal benefits – Interest discretionary – Collection charges awarded.
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18 August 2004 |
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Dismissal found unfair; employer failed to prove genuine redundancy and unpaid terminal benefits (K516,730.78) awarded.
Employment law — Unfair dismissal — Employer bears burden to prove valid reason (s61) — Genuine redundancy — Procedural fairness — Remedies: severance/terminal benefits, discretion on interest — Collection charges as costs
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17 August 2004 |
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Where execution follows an irregular judgment, the applicant who caused execution must pay sheriff fees and expenses.
Civil procedure — Execution and seizure — Irregular judgment set aside — Sheriff entitled to statutory fees and expenses where seizure made — Liability rests on party who caused execution
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17 August 2004 |
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Exonerated employees are entitled to wages up to dismissal and notice pay, but not interest where evidence undermines total innocence.
Employment law – effect of acquittal/exoneration – entitlement to wages after exoneration; dismissal not retrospective – wages payable to date of dismissal; discretionary refusal of interest where evidence casts doubt on total innocence; defendant's absence – trial in absence permissible under procedural rules
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17 August 2004 |
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Mandatory minimum custodial sentence applies for corrupt use of official powers; six years imprisonment imposed despite mitigation.
Corruption — Use of official powers — Mandatory minimum sentence under Section 34 — No retrospective application of amendment — Suspension barred despite first-offender status — Aggravating factors: actual receipt, public officer, significant public funds, harm to public trust and economy
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15 August 2004 |
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Appellate court affirms conviction and two‑year sentence where guilty plea was voluntary and facts supported theft by trick.
Criminal law — Theft by trick (s.321 Penal Code) — Guilty plea — voluntariness and understanding — appellate review confined to record — sentence not manifestly excessive
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5 August 2004 |