|
Citation
|
Judgment date
|
| November 2011 |
|
|
Court awarded substantial general damages for false imprisonment; special damages unproven; costs to the plaintiffs.
False imprisonment — assessment of damages — general damages — restitutionio in integrum — length of detention and cell conditions as aggravating factors — special damages must be specifically pleaded and strictly proved — costs follow the event.
|
24 November 2011 |
|
Customary land is communal; court granted the applicant use/occupation and permanent injunction against the respondent.
Customary land – communal ownership; chiefs authorize use and occupation; purported private sale of customary land invalid; burden of proof on balance of probabilities; remedy – permanent injunction, eviction, demolition of post-occupation structures, compensation for pre-existing structures.
|
1 November 2011 |
| October 2011 |
|
|
|
11 October 2011 |
|
Summary judgment refused: prior judicial review order did not mandate payment and circular allowances were conditional, requiring individual proof.
Administrative law – judicial review order construed as directive to find sponsorship, not monetary judgment; Civil procedure – summary judgment (Order 14) inappropriate where entitlement conditional and triable issues exist; Contract/employment law – statutory/circular allowances are conditional and require individual proof.
|
7 October 2011 |
| September 2011 |
|
|
|
10 September 2011 |
|
|
9 September 2011 |
| July 2011 |
|
|
First accused convicted for manslaughter in a fight; second accused acquitted for lack of proof and identity contradictions.
Criminal law – Manslaughter – Unlawful and dangerous act during a fight – Accomplice liability (Section 21) – Duel/offence of provoking duel (Section 85) – Insufficient/contradictory identification evidence; statement of deceased witness.
|
10 July 2011 |
| June 2011 |
|
|
Interlocutory injunction granted to restrain bank from realising security where a subsisting repayment agreement and the balance of convenience favoured the applicant.
Civil procedure — interlocutory injunction — creditor’s threatened realisation of security — effect of subsisting written repayment/restructuring agreement — balance of convenience and preservation of status quo pending final determination.
|
17 June 2011 |
|
Whether a seasonal-worker redundancy was unfair and appropriate damages for non-permanent personal injuries.
Tort — negligence causing personal injury; Assessment of pain and suffering and loss of amenities; Employment law — redundancy and unfair dismissal for seasonal workers; Proof requirements in undefended claims; Quantum of damages.
|
12 June 2011 |
|
Whether the defendant could set off voluntary settlement costs from a third-party copyright claim against the plaintiff's contractual debt.
Civil procedure – counter-claim and set-off; legal set-off requires merger in judgment; "without prejudice" settlement and its effect; liability for voluntary settlement of third-party copyright claim; contractual debt — interest and costs.
|
12 June 2011 |
|
Interlocutory injunction refused where chargee lawfully exercised power of sale; remedy limited to damages.
Interlocutory injunctions — American Cyanamid test — power of sale under a land charge — Registered Land Act s71(3) — damages as exclusive remedy — innocent purchaser for value without notice.
|
10 June 2011 |
| May 2011 |
|
|
Garnishee order absolute set aside for mutual mistake; garnishee ordered to pay costs and plaintiff to refund funds.
Garnishee proceedings – garnishee order absolute – mistaken identity of account holder – mutual mistake – setting aside garnishee order absolute – costs – repayment of misapplied funds.
|
20 May 2011 |
|
|
12 May 2011 |
|
|
11 May 2011 |
|
Applicant detained for many years released conditionally due to inordinate delay and lost prosecution file.
Habeas corpus – prolonged pre‑trial detention; lost prosecution file; failure to comply with court timetable direction; conditional release/bail with sureties and movement restrictions.
|
6 May 2011 |
| April 2011 |
|
|
Applicant detained beyond statutory 90‑day limit granted bail where the State failed to justify continued detention.
Criminal procedure — Bail — Pre‑trial detention exceeding 90 days under s.161G CP&EC without extension — Interests of justice — Conditions of bail.
|
20 April 2011 |
|
|
11 April 2011 |
| March 2011 |
|
|
|
29 March 2011 |
|
|
29 March 2011 |
|
|
29 March 2011 |
|
|
29 March 2011 |
|
|
28 March 2011 |
|
|
28 March 2011 |
|
|
24 March 2011 |
|
|
24 March 2011 |
|
Court awarded loss-of-dependency to sole surviving dependant for deceased son; no award for 10-year-old grandson.
Wrongful death – assessment of damages – loss of dependency – multiplicand and multiplier method – minor dependent without evidence of support – default judgment on liability.
|
23 March 2011 |
|
|
22 March 2011 |
|
|
22 March 2011 |
|
A transporter who accepts increased carriage charges for delay remains liable for goods and cannot claim damages for that same delay.
Contract of carriage/bailment – variation by surcharge – summary determination under Order 14A where facts undisputed – carrier’s liability for goods during extended bailment – prohibition of double recovery (surcharge and delay damages).
|
21 March 2011 |
|
|
21 March 2011 |
|
|
21 March 2011 |
|
|
15 March 2011 |
|
|
10 March 2011 |
| February 2011 |
|
|
Conviction for burglary and theft quashed where circumstantial evidence failed to prove the accused's guilt beyond reasonable doubt.
Criminal law – Burglary and theft (s311) – Circumstantial evidence – Identity of accused – Burden and standard of proof – Conviction unsafe where chain of circumstances does not exclude reasonable hypotheses of innocence.
|
20 February 2011 |
|
Unsworn child testimony needs independent corroboration; medical and adult evidence can validate a defilement conviction.
Criminal law – Defilement – Elements: penetration, victim under 13, accused’s knowledge; Unsworn child testimony requires independent corroboration; Two minors’ unsworn statements cannot corroborate each other; Corroboration may be provided by adult eyewitnesses and medical evidence; Circumstantial evidence must exclude reasonable hypotheses of innocence.
|
16 February 2011 |
|
Whether government may condition a former president's statutory right to free medical treatment abroad on a local referral procedure.
:[
|
9 February 2011 |