Results.
5 judgments found.
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| March 2009 |
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Taxation certificates obtained in counsel’s absence should be challenged by review under Order 62 r35 or set aside by the taxing master.
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Civil procedure — Taxation of costs — Certificate of taxation obtained in absence of counsel — Review under Order 62 r 35 — Taxing master’s power to set aside and extend time (Or 62 r 34(4), r 22) — Lack of authority of counsel — Nullity of steps taken without proper instructions
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30 March 2009 |
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A customary marriage was dissolved for mutual cruelty; court reduced compensation and ordered the appellant to build the respondent a house.
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Customary marriage — cruelty and irretrievable breakdown; custody — welfare paramount; property orders — house provision versus sale or cash compensation; procedural fairness — right to call witnesses; appellate correction of unsupported findings
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24 March 2009 |
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Court confirmed taxation for rents, trees and trespass, adjusted demolition damages to K5,505,964, and excluded late evidence.
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Costs and taxation — appropriate procedure for challenging a taxing officer’s decision (Order 62 review vs appeal) — taxation of costs for trespass, Government land rentals and tree valuation — measure of damages for demolished buildings: cost of repair when repairs can reasonably be undertaken — admissibility of late/new evidence
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22 March 2009 |
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Court apportioned matrimonial property after divorce, finding cattle already distributed and awarding land to the applicant.
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Family law — Divorce — Distribution of matrimonial property — Determination of ownership and exclusion of pre-marital or third‑party property — Allocation of movable chattels and immovable property (land and business asset)
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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 |