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Citation
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Judgment date
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| March 2005 |
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Plaintiff proved the defendant’s driver negligent; collision on plaintiff’s lane was not conclusive proof of plaintiff’s negligence.
Road traffic negligence – Collision occurring on claimant's lane – Wrong-side collision not conclusive evidence of negligence – Burden on driver departing from lane to prove justification – Credibility assessment where primary driver deceased.
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31 March 2005 |
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A Commissioner's compensation determination must be enforced under the Act, not by a fresh High Court claim; claimant may pursue notice pay or negligence suit.
Workers' Compensation Act – Enforcement of Commissioner's determination – Determinations enforceable as Chief Resident Magistrate orders; cannot be enforced by fresh High Court action; appeals and enforcement governed by statutory scheme; separate negligence actions under s.63 available.
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31 March 2005 |
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Driver negligent for excessive speed in crowded market; deceased not contributorily negligent; K99,000 awarded for dependency.
Negligence — motor vehicle collisions — duty to approach crowded market at safe speed; Credibility of eyewitness evidence over defendant's account; Contributory negligence — pedestrian standing on verge; Quantum — loss of dependency using substituted multiplicand (half industrial wage) and reduced multiplier.
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15 March 2005 |
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Claimant failed to prove ownership of a seized vehicle; documents were unreliable and delayed title transfer undermined the claim.
Interpleader – ownership of seized property – evidentiary sufficiency and credibility of documents – delay in effecting transfer of title – deference to Registrar's findings on credibility.
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12 March 2005 |
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Whether police redeployment of a former head of state's guards creates a justiciable legitimate expectation and warranted interlocutory mandatory relief.
Public law — Judicial review — Interlocutory mandatory and prohibitive injunctions — Legitimate expectation arising from established practice — Police redeployment: operational/managerial decision versus administrative/statutory duty — Proper respondent in public law proceedings (Attorney General vs 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.
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 |