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Citation
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Judgment date
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| January 2008 |
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An employee’s retirement does not preclude entitlement to statutory severance; refusal to pay is unlawful.
Employment law – Severance allowance – Section 35 Employment Act 2000 – Entitlement on retirement – Statutory construction – Absence of express exclusion – Declaratory relief – Costs follow event.
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30 January 2008 |
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Court upholds equitable property division on divorce and awards additional compensation for burning the appellant’s clothes.
Divorce — Distribution of matrimonial property — equitable division; contribution to property on spouse’s parental land; domestic violence — assault and destruction of property; damages for burning clothes; evidentiary weight of medical reports.
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30 January 2008 |
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Applicant failed to prove customary ownership; court preferred senior traditional authority’s ruling and dismissed the claim with costs.
Customary land dispute – allocation and occupation – burden of proof on balance of probabilities – credibility of customary authorities and prior traditional/administrative rulings – retrial ordered under Courts Act s.39 (jurisdictional defect in lower court).
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24 January 2008 |
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Agent’s apparent authority conferred equitable rights; purchaser with stronger equity entitled to conveyance and caution removed.
Agency and apparent authority – equitable interests arising from imperfect compliance with Land Act (s.24A) – cautions to protect equitable interests – money had and received for failed consideration.
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24 January 2008 |
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Plaintiff failed to prove negligent driving or vicarious liability; hearsay and an untendered police abstract were insufficient.
Negligence; vicarious liability; burden of proof on plaintiff; hearsay inadmissible as substantive evidence; untendered police report not before the court
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24 January 2008 |
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Plaintiff's hearsay evidence failed to prove driver negligence; claim dismissed and vicarious liability not established.
Motor-vehicle negligence; vicarious liability; burden of proof (balance of probabilities); inadmissibility/limited value of hearsay; undisclosed/non-tendered police abstract not evidence; party suppressing own evidence improper.
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24 January 2008 |
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Owner liable where minibus was unroadworthy and driver incompetent despite reported mechanical failure.
Transport law — Carrier's duty to passengers — Vehicle roadworthiness and maintenance — Mechanical failure does not automatically absolve owner — Driver competence and valid licence — Negligence established where vehicle unmaintained and driver unlicensed
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24 January 2008 |
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Owner liable where an unroadworthy minibus and an unlicensed driver caused passenger injuries.
Negligence — carrier's duty to passengers — vehicle roadworthiness and maintenance — liability despite mechanical fault — unlicensed driver.
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24 January 2008 |
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Headmaster’s disclosure of a minor pupil’s positive pregnancy test was privileged; subsequent republication was not, claim dismissed.
Defamation – publication of medical test results; qualified privilege – headmaster in loco parentis informing parents; republication and loss of privilege; weight of conflicting medical reports.
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24 January 2008 |
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The court upheld the plaintiff's customary title and boundary as demarcated by local authorities, awarding possession and costs.
Customary land — Title and possession — Weight of evidence of village headman, Group Village Headman and Traditional Authority — Boundary demarcation upheld — Credibility of witnesses; staged witness — Magistrate jurisdiction over ownership disputes (section 39 Courts Act).
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24 January 2008 |
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Court dismissed State's bid for closed proceedings and witness anonymity for lack of sufficient evidential justification.
Criminal procedure — Right to public trial; in camera proceedings and witness anonymity; statutory exceptions (Courts Act s.60; Crim. Proc. s.71); burden to show necessity; requirement of real and substantial risk; accused's fair trial and disclosure rights
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24 January 2008 |
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Employee terminated without specified misconduct; dismissal unfair and severance payable despite notice pay.
Employment law – unfair dismissal – failure to state reasons for dismissal – court’s power to amend pleadings to give statutory remedies – statutory regime supersedes common law on remedies – severance pay payable notwithstanding notice pay – prior warning requires fresh misconduct for further discipline.
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23 January 2008 |
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Stay pending appeal granted conditionally; applicant must deposit judgment sum given respondent’s modest means and an arguable defence.
Civil procedure – Stay of execution pending appeal – Court’s discretion – Applicant must show respondent’s inability to repay – Bona fide appeal and arguable defence (Warsaw Convention) – Conditional stay by security deposit
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23 January 2008 |
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A stay pending appeal was granted on terms after applicant showed the appeal was arguable and respondent might be unable to repay.
Civil procedure – Stay of execution pending appeal – Court's discretion – bona fide appeal versus delay – burden to show respondent's inability to repay – Warsaw Convention defence – security by payment into court.
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23 January 2008 |
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Court may restore a struck-off summons under procedural rules; matter not academic if substantive issues remain; costs shared.
Civil procedure – Restoration of struck-off summons – Court’s discretion under Order 32 r 5/4 and Order 35 (rules) – Setting aside ex parte orders – Academic/mootness objection – Costs: each party to bear own costs.
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23 January 2008 |
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Court granted injunction restraining respondent’s sale of charged property, finding respondent acted oppressively and in bad faith.
Equitable relief – interlocutory injunction to restrain sale of charged property; Chargee’s duty of good faith and caution when selling charged property; surplus proceeds held on trust for chargor; requirement of valuation to protect chargor’s interest; costs and indemnity where applicant defaulted but chargee acted oppressively.
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23 January 2008 |
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Appeal: court set aside inconsistent magistrate order; husband liable for compensation, maintenance, and property restitution.
Family law – dissolution of marriage – appellate review of inconsistent lower court orders; compensation awards; maintenance of child and school fees; contribution to matrimonial house; abandonment after HIV diagnosis.
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23 January 2008 |
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Failure to disclose ongoing dispute and irregular consent judgment preclude discharge of injunction under clean hands.
Chieftaincy dispute — Consent judgment entered by Attorney General — Failure to disclose ongoing proceedings — Parallel judicial review — Equitable relief and clean hands doctrine — Injunction to set aside consent order
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23 January 2008 |
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Applicant's failure to disclose parallel chieftaincy proceedings and irregular consent order barred equitable relief; injunction maintained.
Chieftaincy dispute; consent judgment entered by Attorney General; duty to disclose material facts; parallel proceedings; interlocutory injunction; equitable relief; clean hands doctrine; procedural irregularity in obtaining consent order.
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23 January 2008 |
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Application for leave to appeal out of time denied; "requisite payment" construed contextually and mortgage accounting must follow established rules.
Civil procedure – leave to appeal out of time; Mortgage law – meaning of "requisite payment"; Mortgagee’s security and equitable accounting; Interest on interest (no compound interest absent express contract); Costs – not awarded except when pleaded as just allowances.
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22 January 2008 |
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Adultery proved beyond reasonable doubt; court granted divorce, custody to the applicant and maintenance by the respondent.
Family law – Divorce – Adultery as ground for divorce; Standard of proof for adultery—beyond reasonable doubt; Absence of respondent at hearing; No collusion or condonation; Custody, maintenance and access orders.
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22 January 2008 |
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Whether a former corporate secretary may represent a deputy director where his prior role creates an apparent conflict of interest.
Conflict of interest — appearance of bias — legal practitioner who served as corporate secretary and board adviser must decline where clients' interests appear prejudiced — justice must be seen to be done (R v Sussex principle).
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22 January 2008 |
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High Court may transfer employment disputes to the Industrial Relations Court; retention requires special reasons.
Constitutional law – High Court original jurisdiction v subordinate courts – Industrial Relations Court jurisdiction – Transfer of proceedings – Retention of jurisdiction requires special reasons – Irregularity and inherent jurisdiction.
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22 January 2008 |
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Permanent injunction granted where respondent failed to prove title from a minor and traditional leaders lacked proven authority.
Injunctions – American Cyanamid principles – title as right to protect – capacity of minors to create contracts – agency and authority of relatives – jurisdiction of traditional leaders over City Assembly land – adequacy of damages; caveat emptor
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22 January 2008 |
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Permanent injunction granted where defendant relied on a minor’s purported sale without verifying title or authority.
Injunctions – permanent vs interim – title to land – purchase from a minor – capacity to contract – agency of relatives – jurisdiction of traditional chiefs versus municipal assembly – caveat emptor – balance of convenience.
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22 January 2008 |
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Court refuses consolidation without hearing all affected parties and declines to dismiss an injunction application before it is heard.
Civil procedure – consolidation of actions (Order 4 r.9) – common question of law or fact – requirement to hear all affected parties before ordering consolidation – interlocutory injunction and procedural commencement of suit.
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21 January 2008 |
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Consolidation under Order 4 r.9 is permissible for common issues, but cannot be ordered without hearing all affected parties; interlocutory injunction will not be dismissed before hearing.
Civil procedure – Consolidation of causes under Order 4 r.9 – Permissible where common question of law or fact exists – Consolidation may be ordered even with different parties; but no consolidation without hearing all affected parties. Interlocutory relief – Application for injunction may be heard separately; dismissal for failure to commence originating process inappropriate before hearing applicant
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21 January 2008 |
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Loss of the trial record does not alone justify bail pending appeal; exceptional circumstances are required.
Criminal Procedure s355(1) – Bail pending appeal – Presumption against bail after conviction – Exceptional or special circumstances required – Missing trial record alone insufficient to justify bail pending appeal.
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21 January 2008 |
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Bail pending appeal granted due to unfair continued detention while co-accused were released on bail.
Criminal procedure — Bail pending appeal (s.355) — Exceptional circumstances and likelihood of success — Missing lower court record — Parity with co-accused — Conditions of bail.
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21 January 2008 |
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Court upheld conviction based on recovered property and confession, limited conviction to one incident and reduced the theft sentence.
Criminal law – duplicity of charge; admissibility of extra‑judicial confession after plea of not guilty; corroboration by recovered property; sentencing—reduction and concurrent sentences.
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16 January 2008 |
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Conviction quashed because identification evidence was inconsistent, uncorroborated and no identification parade was conducted.
Criminal law – Identification evidence – Reliability and inconsistencies in witness identification; absence of identification parade; prosecution’s failure to call corroborating witness – Conviction unsafe and quashed.
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16 January 2008 |
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Whether the defendant was bound by vehicle hire contracts entered by an employee lacking ostensible authority; court dismissed the applicant’s claim.
Agency/Ostensible authority – burden of proof on person alleging agency; employee’s authority limited by role; forged cheques and bank refund undermine claim of authority – no binding contract with employer.
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15 January 2008 |
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Statutory consultation satisfied; breach of an established convention is political and not judicially enforceable.
Electoral law – statutory consultation for presidential appointments under section 4(1) – meaning and scope of consultation – recognition but non-enforceability of constitutional conventions – remedy for breach of convention
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15 January 2008 |
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Whether the President complied with statutory consultation for Electoral Commission appointments and whether a party-nomination convention is legally enforceable.
Constitutional law – Appointments – Electoral Commission Act s.4(1) – meaning of ‘consultation’ – consultation requires meaningful deliberation but does not bind decision-maker to accept views; Constitutional convention – appointment from party nominees – existence recognised but non-justiciable; Judicial review – statutory compliance v. convention; Costs – interlocutory and substantive allocation.
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15 January 2008 |
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A widow's statutory right to household belongings recognized, but claim dismissed for failure to specify and produce an inventory.
Wills and Inheritance Act s16(3) – widow's right to household belongings; definition of household belongings (s2(1)); necessity of specifying and producing an inventory; interlocutory injunction discharged; remedial preference for amicable resolution where respondents offer return.
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13 January 2008 |
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Uncontested evidence of physical abuse, sexual coercion and neglect established cruelty; decree nisi granted and custody awarded to the mother.
Divorce — Cruelty as ground for divorce; legal cruelty requires actual or probable injury to mental or bodily health; uncontested evidence admissible where due service and no collusion; custody — welfare of the child paramount; presumption in favour of mother for young children; decree nisi granted; parties to bear own costs.
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11 January 2008 |
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Proceedings under the Chiefs Act must ordinarily be begun by Originating Summons, not displaced by the Judicial Review Act.
Civil procedure – mode of commencement – Originating Summons under Order 5 rule 3 for proceedings under an Act – relationship with Judicial Review Act – administrative law procedure.
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10 January 2008 |
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Court exercised discretion to admit late defence witness statements and allow late-filed skeleton arguments, overruling plaintiff’s objections.
Civil procedure — admissibility of late-filed written witness statements — court’s discretion to admit evidence; Skeleton arguments — timing and allowing late submissions — trial fairness and judicial discretion.
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9 January 2008 |
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Plaintiff awarded K50,000 and costs for brief false imprisonment and attendant humiliation.
False imprisonment – assessment of damages – brief detention – compensation for loss of liberty and injury to feelings; default assessment in defendant’s absence; award of K50,000 and costs.
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8 January 2008 |
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A claimed fixed 20‑year lease was unproven; annual lease upheld, injunction for possession granted, special damages dismissed.
Contract law – parol evidence rule and its exceptions; proof of lost documents and secondary evidence; burden of proof on party alleging replacement lease; possession and mesne profits; special damages must be pleaded and proved
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6 January 2008 |