Results.
17 judgments found.
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| July 2008 |
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Claimant’s goods were wrongfully seized; only judgment debtor’s property may be executed; plaintiff ordered to pay costs.
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Interpleader — Courts Act s11 and Sheriffs Act s20 — Execution only on judgment debtor’s property — Wrongful seizure — Sheriff and execution creditor’s duty of due diligence — Costs awarded.
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30 July 2008 |
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Default judgment for false imprisonment; short detention entitles plaintiff to K100,000 general damages, pecuniary losses not proved.
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Tort — False imprisonment — Heads of damage: injury to liberty and feelings; pecuniary losses recoverable only if proved — Quantum for short detention — Assessment after default judgment.
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29 July 2008 |
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Employer liable for false imprisonment caused by directing police; breach of contract and bicycle claims dismissed.
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False imprisonment — employer liability where servant identifies employee to police and directs arrest — civil damages for unlawful detention; Employment law — termination versus dismissal under contractual conditions — entitlement to notice or pay in lieu; Property — employee’s admission to loss of employer’s bicycle and withholding of pay.
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27 July 2008 |
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Internal party nominations are not constitutional issues; eligibility is determined at formal nomination under elections law.
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Constitutional law — Certification by Chief Justice — Justiciability of constitutional questions; Political parties — Internal nominations vs formal nominations — Timing of constitutional eligibility for presidential candidates; Elections law — Interaction between Constitution s80/s83 and Parliamentary and Presidential Elections Act (s48–51); Advisory opinions — Courts should not give gratuitous legal opinions.
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24 July 2008 |
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Recusal requires a reasonable likelihood of bias; mere public perception or vague suspicion is insufficient.
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Judicial bias — recusal — test is reasonable likelihood/real likelihood of operative prejudice; mere public suspicion insufficient; panel composition and refusal of gift relevant.
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24 July 2008 |
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Circumstantial evidence and appellant’s conduct sufficed to uphold convictions for armed robbery and firearm offences; sentence affirmed.
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Criminal law — Circumstantial evidence — Sufficiency of circumstantial and identification evidence to support convictions for armed robbery and related firearm offences; Sentence — Appeal against severity of sentence
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23 July 2008 |
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Brief five-hour false imprisonment and assault warranted K50,000 damages plus costs to compensate indignity and mental suffering.
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23 July 2008 |
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Circumstantial evidence and weapons recovered upheld convictions for armed robbery and related possession offences; sentence affirmed.
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Criminal law — Circumstantial evidence — Sufficiency to prove armed robbery; Possession of firearm/ammunition; Possession of offensive weapons; Sentence review — appeal dismissed.
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23 July 2008 |
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An electricity supplier was held negligent and liable where loss of a supply phase caused motor overload and a fire, damages to follow.
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Electricity supply — loss of one phase causing motor overload and fire — breach of statutory duty to provide constant, protected supply — negligence; res ipsa loquitur; damages and costs awarded.
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23 July 2008 |
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A ten-month delay in seeking to set aside a default judgment was inordinate, prejudicial, and justified dismissal of the application.
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Civil procedure — application to set aside default judgment — promptness and reasonable time — inordinate delay — prejudice to judgment creditor — late appointment of counsel and missing file not sufficient excuse — discretion to refuse relief.
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22 July 2008 |
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Defendant’s inordinate delay and unconvincing explanation defeated application to set aside a default judgment, restoring the judgment.
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Civil procedure — Default judgment — Application to set aside — Distinction between irregularity and meritorious defence — Requirement of affidavit of merits — Inordinate delay and prejudice to plaintiff — Personal injury claims require promptness.
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22 July 2008 |
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Whether a District Commissioner’s facilitation of a community road project constituted unlawful expropriation or abdication of duties.
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Administrative law — Judicial review — Facilitator versus decision-maker — Decentralisation and community-driven projects — Whether District Commissioner’s actions amounted to expropriation or abdication of duty — Land Acquisition Act and compensation.
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21 July 2008 |
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Assessment of dependency damages after fatal road accident: court estimated dependency and awarded K1,760,000.
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Fatal accident; assessment of dependency damages; Statute Law (Miscellaneous Provisions) Act s3 & s4(1); lost earnings method; multiplier; proof of earnings; exclusion of unproven allowances/business income.
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16 July 2008 |
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Plaintiff awarded damages and rental consequential loss; nominal interest awarded due to insufficient rate evidence.
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Sale of goods — breach as to quality and delay — measure of damages under Sale of Goods Act s.51 — consequential loss assessed by rental costs — interest recoverable but nominal where rate evidence lacking.
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10 July 2008 |
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Defendants committed to 18 days' imprisonment for contempt by disobeying an interlocutory injunction and drilling on the plaintiff's land.
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10 July 2008 |
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An interlocutory injunction was granted where the applicant showed an arguable claim because customary land cannot be validly alienated by private sale.
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Land law — Adjudicated land v customary land — Section 25 Land Act — Customary land vested in President and not alienable — Validity of transfers — Interlocutory injunction where title disputed.
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10 July 2008 |
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Applicant failed to prove proprietary estoppel or ownership; nomination affidavit not testamentary; claim dismissed with costs.
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Property law — Proprietary estoppel — requirement of proved expenditure and sufferance; Affidavit nominating registration not testamentary; Intestate estate vested in Administrator General; Declaratory relief dismissed.
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10 July 2008 |