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Citation
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Judgment date
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| May 2005 |
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Cruelty proved on balance of probabilities; divorce granted, custody to petitioner, respondent given full visitation rights.
Matrimonial law – cruelty as ground for divorce; standard of proof on balance of probabilities; cruelty defined as danger to life/limb/health or reasonable apprehension; custody to petitioner; respondent granted visitation; costs – each party to bear own costs.
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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.
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 or identify the disputed parcel; trespass claim dismissed and injunction dissolved.
Land law – title and possession – burden of proof to identify parcel in dispute – necessity of competent survey evidence – admissibility and weight of departmental witness evidence – customary vs public vs leasehold land – trespass claim fails where title not established.
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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.
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 refused to tie child support to speculative business interest and increased monthly maintenance to MK75,000.
Child maintenance — variation of maintenance orders — best interests of the child — constitutional protection of children — use of business interest as security — speculative income and unresolved ownership disputes.
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15 May 2005 |
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Respondent repudiated a land sale by reselling property; applicant entitled to refund of deposit with interest; counterclaim dismissed.
Sale of land — equitable interest acquired on contract — vendor as trustee — time of essence usually not implied — repudiatory breach by vendor reselling property — refund of deposit with interest from date of rescission — set-off unavailable for separate corporate debts.
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12 May 2005 |
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Mandatory injunction refused where factual dispute exists and sponsorship withdrawal followed contractual disciplinary terms.
Injunctions – mandatory injunctions sparingly granted; Sponsorship agreements – disciplinary conditions and withdrawal of sponsorship; Factual disputes of dishonesty require trial and cannot be disposed of on affidavit; Withdrawal of sponsorship does not equal loss of place at institution.
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10 May 2005 |