Results.
8 judgments found.
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| January 2007 |
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Court awarded K300,000 for 43 days’ unlawful detention; legal defence costs denied as belonging to malicious prosecution.
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Tort — False imprisonment — damages for loss of liberty and injury to feelings; legal costs for defending prosecution belong to malicious prosecution claim; quantum for 43 days’ unlawful detention (K300,000).
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31 January 2007 |
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Default judgment set aside where defendant disclosed a meritorious defence; stay for arbitration left undecided.
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Civil procedure — setting aside default judgment — defendant must disclose meritorious defence; affidavits in opposition on merits need not be considered; arbitration clause — stay pending arbitration discretionary; wrong party defence.
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31 January 2007 |
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Conviction quashed where alleged confession and evidence failed to prove theft beyond reasonable doubt.
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Criminal law — Theft/burglary — Alleged confession — Interpretation of written and caution statements — Burden of proof beyond reasonable doubt — Insufficiency of evidence on appeal — Quashing of conviction.
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30 January 2007 |
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Attachment pending interest assessment dismissed for lack of evidence defendant intended to defeat or delay the claim.
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Civil procedure — Attachment before judgment (Order VIII r.1) — Whether interim judgment for interest qualifies as "judgment" — Requirement of clear evidence of disposition or imminent disposition of property with intent to defeat or delay creditor’s claim — Mere insolvency, foreign ownership or managerial problems insufficient.
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29 January 2007 |
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Ex‑parte injunction discharged where plaintiff defaulted on development covenant and purchasers held bona fide legal title.
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Property Law
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Registered Leases and Re‑entry — Re‑entry for breach of development covenant under Registered Land Act ss49–51
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Purchaser Protection — Bona fide purchaser for value without notice obtains good legal title
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Civil Procedure — Interlocutory Injunctions — Ex‑parte applications require full and frank disclosure; suppression of material facts justifies discharge
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26 January 2007 |
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Ex parte rehearing obtained before another judge was procedurally improper; default judgment remains, leave to appeal granted.
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Civil procedure — setting aside default judgment — ex parte application — hearing before different judge — lack of notice of change of practitioner — denial of opportunity to be heard — potential abuse of process — order for rehearing declared ill-gained — leave to appeal granted.
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24 January 2007 |
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Court refused adjournment and excluded late exhibits after respondent‑lawyer's dilatory conduct; submissions ordered within 14 days.
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Civil Procedure
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Adjournment — Last‑minute change of counsel and party's duty to be trial‑ready
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Evidence — Late production of documents and originals — Requirements for admissibility
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Landlord and Tenant — Breach of tenancy — Repair obligations on vacation and recovery of repair costs
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22 January 2007 |
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Application to vary a mandatory injunction ordering return of a sold motor vehicle was dismissed; noncompliance risks committal.
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Civil procedure — variation of mandatory injunction — enforcement of court order — contempts of court — sale of chattel as security — allegations of applicant's character inadmissible at variation stage.
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3 January 2007 |