Results.
7 judgments found.
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| May 2005 |
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Divorce granted where the respondent’s violent temper amounted to cruelty; applicant given custody, respondent visitation.
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Matrimonial law — Cruelty as ground for divorce — Standard of proof: balance of probabilities — Jurisdiction and non‑collusion — Custody and visitation orders
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31 May 2005 |
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Buyer entitled to refund of deposit with agreed 50% interest for seller’s prolonged non-delivery of contracted PABX.
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Sale of goods — sale by description and implied conditions; non-delivery and remedies — refund for total failure of consideration; frustration — defence rejected where supplier’s conduct shows procurement and promises; interest on deposit at agreed contractual rate; nominal damages where consequential loss not proved.
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30 May 2005 |
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Plaintiff failed to prove title to disputed land; trespass claim dismissed and injunction dissolved.
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Land dispute — proof of title — identification of locus in quo — admissibility and value of Lands Department witness evidence — failure to establish trespass — costs and dissolution of injunction
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26 May 2005 |
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Conversion to writ disallowed where fraud was alleged from the outset; application dismissed for inordinate delay and non‑prosecution.
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Civil procedure — Originating summons v writ — Order 28 r 8 RSC — Conversion to writ only where fraud arises during proceedings; fraud pleaded at outset precludes conversion — Delay and failure to prosecute — dismissal and costs.
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18 May 2005 |
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Court rejects securing child maintenance by speculative business interest and increases monthly maintenance to MK 75,000.
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Matrimonial law — variation of child maintenance — proposed security by transfer of business interest — insufficient evidence of ownership or income — best interests of the child under Constitution and CRC — maintenance orders are variable
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15 May 2005 |
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Time was not of the essence; respondent’s resale breached the sale contract — applicant entitled to refund with interest.
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Contract for sale of land — equitable interest of purchaser — vendor as trustee — time not of the essence unless expressly agreed — wrongful resale to third party — repudiatory breach — refund of purchase monies with interest — set-off unavailable where debts accrue in different transactions or against different legal persons
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12 May 2005 |
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Mandatory injunction refused where alleged dishonesty raised factual issues requiring trial and sponsorship withdrawal was permissible.
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Injunctions — mandatory injunctions are exceptional and require an unusually strong case; factual disputes (e.g., alleged dishonesty) cannot be decided on affidavit and require trial; withdrawal of sponsorship does not necessarily terminate a student’s place at an institution
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10 May 2005 |