Results.
14 judgments found.
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| December 2006 |
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Applicants awarded damages for false imprisonment after unjustified 83-day detention; respondent did not defend.
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False imprisonment — unlawful arrest and 83-day detention — absence of reasonable suspicion — assessment of damages for loss of liberty, dignity and reputation — Attorney General failure to defend — substantive award despite default.
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31 December 2006 |
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Where the accident's cause was established, res ipsa loquitur did not apply and nominal damages were awarded due to default-judgment uncertainty.
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Motor vehicle accident — mechanical failure (severed wheel nuts) — res ipsa loquitur inapplicable where cause known — plaintiff must prove lack of due diligence — default judgment binds assessment but caution warranted — nominal damages awarded.
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31 December 2006 |
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Summary judgment refused where respondent raised a bona fide counterclaim and disputed valuation and workmanship requiring trial.
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Civil procedure — Summary judgment (Order 14) — Bona fide counter-claim treated as defence — Set-off — Contractual requirement of interim certificate for payment — Dispute as to payment and defective workmanship — Need for trial and possible expert valuation.
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31 December 2006 |
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Applicant awarded six years’ salary for wrongful forced retirement; pension and gratuity denied for lack of evidence.
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Employment law — wrongful/forced retirement — assessment of damages measured by prospective salary less mitigation; pension and gratuity require proof; mitigation considered in light of employee’s age.
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31 December 2006 |
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Assessment of damages for negligent contamination: general damages awarded; pecuniary and unpleaded special claims dismissed.
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Tort — negligence — assessment of damages for personal injury; special damages must be pleaded and proved; proof required for loss of earning capacity and reduced life expectancy; multiplier method for future medical expenses; award of general damages for pain and suffering.
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31 December 2006 |
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Application for interest on delayed payment of damages against the government dismissed due to statutory limits and no wrongful withholding.
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Interest on judgment debts — discretionary award — section 11(a)(v) Courts Act limits — distinction between debt and damages — equitable principle of wrongful withholding (London, Chatham & Dover) — execution against Government.
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31 December 2006 |
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Repair cost is the normal measure of damages for negligent vehicle damage; court awarded the reasonable repair quotation.
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Tort — Motor vehicle damage — Measure of damages for physical damage is reasonable cost of repair — Competing repair quotations — Court may assess damages on available evidence where defendant fails to attend.
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31 December 2006 |
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Assessment of general damages for pain and suffering where medical incapacity exists but no proven loss of earning capacity.
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Tort — Negligence — Assessment of damages — General damages for pain and suffering and loss of amenities — Medical evidence of permanent incapacitation — No loss of earning capacity where plaintiff obtained higher-paid work — Special damages must be pleaded.
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31 December 2006 |
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Whether cohabitation established a marriage entitling the applicant and her child to a share of and an accounting for the estate.
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Intestate succession; marriage by cohabitation/custom; proof of issue; defective unsworn affidavit; summary judgment; duty of personal representatives to account.
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31 December 2006 |
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Assessment awards general and special damages for personal injuries; unpleaded loss of earning capacity disallowed.
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Damages — assessment of general and special damages for personal injury — unpleaded loss of earning capacity cannot be awarded — prospective expenses for disability considered.
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31 December 2006 |
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The applicant was awarded K1,050,000 for amputation caused by negligent hospital treatment, plus costs.
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Medical negligence — assessment of damages — amputation following improper IV insertion — res ipsa loquitur applicable; damages compensatory: pain and suffering, loss of amenities, medical expenses — default judgment on liability.
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31 December 2006 |
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Nominal damages awarded for alleged false imprisonment despite defendant's honest belief and binding default judgment.
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False imprisonment — reasonable suspicion / honest belief defence — nominal damages awarded despite prior default judgment — assessment of damages.
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31 December 2006 |
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The respondent held liable in tort for injuries caused by its security dog; Registrar to assess damages.
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Tort — Animals — Dog bite — Strict liability of owner and negligence — Control and Diseases of Animals Act s19
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17 December 2006 |
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Court ordered defendants to clarify "expedience" and required plaintiff to provide specified further particulars before trial.
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Civil Procedure
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Pleadings — Clarification of ambiguous pleading term ("expedience") required where material to issues
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Summons for directions — Further and better particulars under Order 25 r.7 — Scope and timing
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Contract — Specific performance — Allegation of agreement to issue shares evaluated through pleadings and pre-trial particulars
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3 December 2006 |