Results.
5 judgments found.
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| March 2009 |
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Certificates of taxation remain but may be re‑opened or set aside under Order 62; each party to bear its own costs.
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Civil Procedure
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Taxation of Costs — Validity and review of certificates of taxation — Order 62 r 35; Order 62 r 34(4); Order 62 r 22
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Authority of Counsel — Representation without express instruction or indemnity — Consequences for steps taken prior to regular instruction
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30 March 2009 |
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Customary marriage dissolved for mutual cruelty; father ordered to provide house, mother given custody.
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Family Law
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Customary Marriage — Cruelty as ground for dissolution — Irretrievable breakdown established
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Child Custody — Welfare paramount — Mother awarded custody with father's reasonable access and maintenance obligation
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Matrimonial Property — Duty to provide house under customary marriage — Court orders husband to build house within reasonable time and stays sale of premises
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24 March 2009 |
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Procedure for challenging taxation and correct measure of damages for demolished property in a trespass/tort case.
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Civil Procedure — Taxation of Costs — Proper procedure to challenge taxing officer’s decision under Order 62 rules 33 and 35
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Evidence — Valuation Evidence — Acceptance of governmental valuations for trees and land rentals absent rebuttal
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Damages (Tort) — Measure of Damages for Demolished Property — Value at destruction versus cost when repairs can reasonably be undertaken
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22 March 2009 |
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Court divides matrimonial property after divorce, awarding land to the plaintiff and maize mill to the defendant with specific chattel allocations.
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Family Law
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Matrimonial Property — Division and allocation of household chattels and land
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Evidence and Credibility — Whether specific livestock was transferred or already distributed
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Property Exclusion — Determination that third‑party chattel (drum) is not matrimonial property
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22 March 2009 |
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Custody to the mother and failure to fulfill chikamwini duties justified awarding household effects and the three-door house to the plaintiff.
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Matrimonial property — Division after dissolution — Award of household effects to custodian parent; chikamwini (matrilineal) customary obligation to build wife a house — failure to build affects division; sale of matrimonial chattels during pending proceedings.
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13 March 2009 |