Results.
5 judgments found.
|
|
|
| February 2007 |
|
|
Applicant awarded K700,000 and costs for malicious prosecution and prolonged false imprisonment.
-
Malicious prosecution; False imprisonment; Damages — injury to reputation, indignity and loss of liberty; Assessment of quantum for prolonged imprisonment.
|
28 February 2007 |
|
Default judgment set aside because employment dispute was improperly commenced in the High Court instead of the Industrial Relations Court.
-
Civil procedure — Setting aside default judgment — Service of process — Jurisdiction — Employment disputes to be heard first in Industrial Relations Court under section 110(2) — Procedural irregularity warrants setting aside judgment.
|
28 February 2007 |
|
Court awarded the plaintiff K370,000 for false imprisonment and assault, plus costs.
-
False imprisonment — damages for injury to liberty and feelings; Assault and battery — personal injury damages (pecuniary and non-pecuniary); Assessment of quantum; Default/absence of defendant at assessment; Medical evidence supporting loss of earning capacity.
|
28 February 2007 |
|
Court granted mandatory interlocutory injunction ordering defendant to return company laptop and furniture within seven days.
-
Mandatory interlocutory injunction — discretionary and exceptional relief — uncontroverted facts — adequacy of damages — order for return of company property
|
22 February 2007 |
|
Monetary awards and property distribution in a divorce were set aside for lack of pleading, proof, and a proper hearing; matter remitted for rehearing.
-
Family law — Customary marriage — Divorce — Distinction between maintenance and special educational fees — Requirement that monetary relief be pleaded and proved; tort damages not to be awarded in divorce without pleadings and opportunity to be heard — Distribution of matrimonial property requires hearing on ownership
|
18 February 2007 |