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Citation
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Judgment date
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| October 2008 |
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A single-member bench lacked jurisdiction to hear the appeal; appeal declined and attendance costs awarded against the appellant.
Appellate procedure – composition of bench – a single member of the Supreme Court of Appeal lacks jurisdiction to determine appeals (s.7(b) Supreme Court of Appeal Act; Astra Pharma v Adventist Health Services). Costs for attendance where jurisdiction improperly invoked
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28 October 2008 |
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Interlocutory injunction denied: arguable title but damages adequate and status quo favored; application dismissed with costs.
Civil procedure — Interlocutory injunction — Good arguable claim; adequacy of damages; bona fide purchaser; balance of convenience; preservation of status quo.
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21 October 2008 |
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Interlocutory injunction refused because widow lacked locus standi and had not obtained probate to establish an arguable estate claim.
Civil procedure – interlocutory injunction – locus standi of widow/beneficiary – necessity of probate (Wills & Inheritance Act s37) – Statute Law (Miscellaneous Provisions) Act ss4,7,10 – American Cyanamid threshold for interim relief – preservation of status quo.
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21 October 2008 |
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Bicycle vendors were employees, not independent contractors; tax-deduction complaint dismissed for lack of evidence.
Employment law — employee v independent contractor; commission-paid vendors; statutory definition of "employee" (dependence and control); employment-at-will tempered by statutory and constitutional protections; tax-deduction claim dismissed for lack of evidence.
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19 October 2008 |
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Court found the defendant negligent for jumping the queue and reversing into the plaintiff's minibus, awarding damages, interest and costs.
Road traffic — Negligence — Queue-jumping and reversing into another vehicle — Proof of damages (repair costs and loss of business) — Court proceeding on plaintiff's case where defence failed to prosecute — Interest for delay at 1% above bank lending rate — Insurer sued under Road Traffic Act.
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19 October 2008 |
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A High Court lacks jurisdiction over a commercial suit filed after the Commercial Division became operational under the 2007 Rules.
Commercial jurisdiction – High Court (Commercial Division) Rules 2007 – Order 22 rule 5 – Transfer of pending matters – Operational date of Commercial Division – Jurisdictional limits on post-commencement filings.
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16 October 2008 |
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Bail refused: no material change since earlier denial and interests of justice require continued detention.
Bail — Constitutional right under s42(2)(e) — Discretionary — High Court may grant bail in capital cases — Subsequent applications require material change — Interests of justice: risk of absconding, tampering with evidence, safety of accused.
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16 October 2008 |
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15 October 2008 |
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Bail refused where ongoing domestic and international investigations into alleged murder and stolen vehicle made release premature.
Constitutional right to bail – not absolute; bail subject to interests of justice – test whether accused will stand trial; serious offences (murder) and ongoing domestic and international investigations justify refusal of bail; State’s need for reasonable time to investigate; court’s discretion to refuse bail when premature.
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15 October 2008 |
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Applicant granted mandatory injunction to recover household goods unlawfully seized as alleged security for a debt.
Civil procedure – mandatory injunctions – discretionary and exceptional relief – seizure of goods as security – absence of agreement or court order – adequacy of damages – return of unlawfully seized household goods.
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13 October 2008 |
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Whether tenant liable for repair costs and lost rent after vacating premises; court awarded plaintiff K332,487.20.
Tenancy — breach of tenancy obligations — landlord’s recovery of repair costs and lost rent after tenant vacates; evidence and weight where tenant does not testify; counterclaim for utilities held resolved and dismissed.
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13 October 2008 |
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Interlocutory injunction continued to protect prior local goodwill pending trade‑mark expungement appeal; defendant’s cross‑injunction dismissed.
Trade marks – interlocutory injunction – prior use and registration – expungement proceedings for non‑bona fide use – balance of convenience and adequacy of damages.
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12 October 2008 |
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Court varied bail: reduced reporting to monthly and allowed temporary passport use for court-authorised travel, other conditions unchanged.
Bail variation – Section 118(3) Criminal Procedure and Evidence Code – reporting to police – temporary retention and surrender of passport for authorised travel – surety and bond conditions maintained.
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12 October 2008 |
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Assessment of whether to award loss of profits or loss of use and the proper calculation of such damages.
Tort — assessment of damages — profit‑earning chattel — distinction between loss of profits (special damages) and loss of use (general damages) — proof and particularization of special damages — calculation of loss of profits — mitigation and avoidance of double recovery — recoverability of consequential expenses.
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9 October 2008 |
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Bank lawfully combined accounts and repossessed leased trucks; mandatory injunction refused for lack of strong arguable case.
Mandatory injunctions – exceptional relief – must show strong probability of success and inadequacy of damages; Banker’s right to combine/set-off accounts; Cross-default clauses; Lessor’s ownership and repossession rights under lease agreements; Balance of convenience.
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8 October 2008 |
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Material factual disputes preclude disposal under Order 41A/14A; the claim must proceed to full trial.
Civil procedure — Order 41A/14A (Rules of Supreme Court) — determination of question of law — requirement of no material dispute of fact — where factual disputes exist, full trial required; affidavits limited to deponent's own knowledge.
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7 October 2008 |
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Application to restrain auction of seized property dismissed after consideration of submissions and procedural delay.
Interlocutory injunction — restraint on sale of seized property by sheriff — discretion exercised after considering rent arrears, seized assets, procedural delay and parties' submissions
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1 October 2008 |