Results.
22 judgments found.
|
|
|
| April 2008 |
|
|
Negligent overtaking made the driver liable for proven property losses; personal injury claims not permitted on appeal if not pursued below.
-
Road traffic accident — negligent overtaking — driver liability for damages — claimant entitled to sue driver directly — damages limited to proved property losses — personal injury claim not entertained on appeal where not pleaded or argued below.
|
30 April 2008 |
|
|
25 April 2008 |
|
The respondent must pay the applicant where endorsed referral letters supported services and forgery was unproven.
-
Contract for services; letters of introduction and endorsement as authority; referral/approval lists; burden and sufficiency of proof of forgery; evidentiary weight of prior payments; costs awarded.
|
24 April 2008 |
|
Default judgment set aside where defendant disclosed a real prospect of defence that the debt was incurred personally, not by the company.
-
Civil procedure — Setting aside default judgment — Order 13 Rule 9 — affidavit of merits required for regular judgments — defence showing debt was personal, not that of company.
|
24 April 2008 |
|
Plaintiff awarded K250,000 for non-pecuniary losses; pecuniary claims denied for lack of proof.
-
Damages — personal injury — assessment of non-pecuniary damages (pain and suffering, loss of amenities, loss of expectation of life) — pecuniary damages require specific pleading and proof — unchallenged evidence in defendant's absence.
|
24 April 2008 |
|
A subsequently registered surety charge could not bind the applicant who purchased the property earlier; documents lacked proper identification.
-
Property law — registered land — priority of interests — bona fide purchase; Validity of power of attorney and surety charge — identification and capacity of signatory; Evidentiary burden — failure to call key witnesses; Registered encumbrance not enforceable where title had earlier passed.
|
24 April 2008 |
|
An ex parte injunction was vacated for material non‑disclosure and inordinate delay in prosecuting the judicial review.
-
Ex parte injunction — duty of full and frank disclosure; disciplinary procedure — adequacy of notice and right to be heard; cross‑examination; inordinate delay in prosecuting judicial review; vacatur of interlocutory relief.
|
24 April 2008 |
|
Interlocutory injunction refused where applicant bought disputed land with notice and no triable issue existed.
-
Civil procedure — interlocutory injunction — requirement of a triable issue — purchaser with notice of dispute — effect of prior determinations by traditional authorities and District Commissioner — misuse of court process.
|
24 April 2008 |
|
Whether defendant must pay for optical services where issued letters of introduction endorsed to an unlisted provider were alleged forged.
-
Commercial Law — Payment for Goods and Services — Effect of employer-issued letters of introduction and endorsements on entitlement to payment — Proof required to establish forgery
|
24 April 2008 |
|
Applicant arrested for murder; court held bail possible but ordered the State be served before deciding.
-
Criminal procedure — Bail in murder cases — Right to bail not absolute — Need for formal charge and service on the State — Court will not rely on informal/unverified evidence.
|
24 April 2008 |
|
Excessive pre-trial detention of the applicant (over five years) and State delay warranted bail with conditions.
-
Criminal procedure — Bail — Prolonged pre-trial detention — Presumption of innocence — State delay and absence — Juvenile accused.
|
24 April 2008 |
|
Appellant’s bail reinstated where court’s error on bail bond date excused non-appearance and no intent to abscond.
-
Criminal procedure — Bail — Revocation and reinstatement of bail where bail bond erroneously records wrong date — Effect of court error on non-appearance — High Court intervention under s118(3) Criminal Procedure and Evidence Code — Interest of justice test.
|
23 April 2008 |
|
Employment/unfair-labour claims may proceed by writ; default judgment not set aside for lack of defence.
-
Administrative law v private law — judicial review (Order 53) not required where action vindicates private employment rights; unfair labour practices (Section 31) — action by writ permissible; default judgment — setting aside requires affidavit showing defence on merits (Order 13 r.19; Farden v Richter).
|
20 April 2008 |
|
Applicant challenged return-to-camp order; court held ID was not a residence permit and dismissed the challenge.
-
Refugee law — residence restrictions — identity card versus urban residence permit — standing — procedural fairness (s.43 Constitution) — discrimination (ss.20 & 44) — Article 26 reservation — ultra vires delegation — Immigration Act authority
|
17 April 2008 |
|
Application to set aside garnishee order dismissed; funds held to be beneficially for the debtor and properly attachable.
-
Garnishee proceedings — application to set aside garnishee order absolute — mutual mistake (Moore v Peachey) — beneficial ownership of funds — attachability of monies held in debtor’s account.
|
16 April 2008 |
|
Contempt committed for breach of child custody order; guardian ad litem appointed and conditional committal ordered.
-
Contempt of court — Disobedience of custody order — Committal to prison suspended conditionally — Appointment of guardian ad litem — Child’s best interests — Requirement to apply for variation rather than disobey orders.
|
16 April 2008 |
|
Court stayed de-registration of a school pending judicial review, finding a director’s personal conviction did not justify immediate deregistration and would prejudice students.
-
Administrative law — Judicial review — Interim relief — Stay of administrative decision pending review; De-registration of examination centre — effect of director’s criminal conviction — Prevention of prejudice to students.
|
16 April 2008 |
|
Whether a defendant may set aside a default judgment by showing a bona fide defence on the merits amid conflicting factual evidence.
-
Civil procedure — Default judgment — Setting aside default judgment — Irregular service versus defence on merits — Reasonable prospect of success — Conflicting documentary evidence (statement of claim v police report) — Rehearing of Assistant Registrar’s decision — Discretion in interests of justice.
|
10 April 2008 |
|
Owner not strictly liable under sections 36 and 59 absent evidence of causing or permitting unlicensed use.
-
Road Traffic Act (repealed) — sections 36 & 59 — liability for use by unlicensed drivers — meaning of “cause or permit” — not automatic strict liability; factual enquiry required; McGreevy v. Sattar distinguished on facts
|
9 April 2008 |
|
Interlocutory injunction granted to protect plaintiff’s possession pending resolution of competing title following alleged unauthorized mortgage.
-
Interlocutory injunction — American Cyanamide test — serious question to be tried — balance of convenience — adequacy of damages — disputed title arising from alleged unauthorized mortgage and bank sale.
|
8 April 2008 |
|
A separate claim for interest on inordinately delayed statutory compensation is maintainable and may be awarded in the court's discretion.
-
Civil procedure — Interest on delayed payment — Whether interest may be claimed as independent cause of action — Award of interest discretionary — Delay in payment of statutory compensation.
|
1 April 2008 |
|
Court ordered State to bring detained homicide suspect before court within 90 days or the applicant will be granted bail.
-
Criminal procedure — Bail — Homicide offences bailable though not absolutely — Constitutional requirement to bring detainee before a court (s.42(2)(b)) — State duty to prosecute promptly — Order to bring accused to court within 90 days or grant bail.
|
1 April 2008 |