Results.
6 judgments found.
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| March 2005 |
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Plaintiff proved defendant-driver's negligence; collision on plaintiff's lane not conclusive, damages and costs awarded.
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Road traffic accident — Negligence — Collision on wrong side of road not conclusive — Burden on driver who departs from ordinary rule to justify departure — Credibility assessment of eyewitness testimony — Damages for repairs and hire costs
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31 March 2005 |
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Commissioner's compensation determinations must be enforced under the Workers' Compensation Act, not sued in the High Court.
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Workers' Compensation Act — enforcement of Commissioner's determinations — determinations enforceable as Chief Resident Magistrate orders — forum and procedure for enforcement and appeals; Section 63 — separate remedy for negligence (damages) distinct from enforcement of Commissioner's award
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31 March 2005 |
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Driver negligent approaching busy market; deceased not contributorily negligent; K99,000 awarded for loss of dependency.
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Road traffic — negligence — duty to approach market area at a speed permitting stopping; Credibility of eyewitness evidence; Contributory negligence — pedestrian standing on verge; Damages — loss of dependency, multiplicand/multiplier where income unproved; Late accident report and absence of criminal charge in civil assessment
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15 March 2005 |
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Claimant failed to prove ownership of a seized vehicle; court upheld registrar's dismissal on credibility grounds.
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Interpleader — ownership of seized goods — burden of proof; credibility of documentary evidence; delay in transferring title undermining ownership claim; appellate review of registrar's credibility findings
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12 March 2005 |
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Court upheld interlocutory mandatory and prohibitive injunctions protecting former president’s security rights pending judicial review.
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Administrative law — Interlocutory mandatory and prohibitive injunctions — legitimate expectation to be consulted on security personnel — police deployment: operational discretion versus statutory duty — judicial review — proper respondent (Inspector General of Police)
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3 March 2005 |
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Summary judgment refused where triable issues exist on whether defendant was legally liable as agent despite disclosed principals.
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Civil procedure — Summary judgment (Order 14) — Leave to defend where real or substantial question to be tried — Agency — whether defendant was agent at law or only commercial agent — effect of disclosed principal — prior course of dealing and implied liability.
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1 March 2005 |