Results.
14 judgments found.
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| December 2012 |
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A Registrar lacked jurisdiction to assess damages after an injunction’s dissolution; the damages enquiry must be held by a judge in chambers.
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Civil procedure — Injunctions — Dissolution of ex parte injunction for want of prosecution — Assessment/enquiry into damages — Jurisdiction of Master/Registrar — Order 32, rule 12 — enquiry to be made by a judge in chambers.
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19 December 2012 |
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Conviction for defilement of an under‑13 girl upheld; sentence reduced from nine to seven years on mitigation grounds.
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Criminal law — Defilement (s.138 Penal Code) — proof of penetration and victim’s age — corroboration where complainant is immature — admissibility of lay observations and medical evidence — alibi and standard of proof — sentencing discretion and mitigation
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4 December 2012 |
| November 2012 |
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Court upheld respondent’s claim for K83,000 under an oral contract, disregarded hearsay evidence, and ordered immediate payment into court.
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Contract law — oral contract for services — proof of contract sum and payments; Evidence — hearsay inadmissible where witness lacked direct knowledge; Credibility and arithmetic used to determine balance due; Order for immediate payment into court; Costs awarded to successful party.
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27 November 2012 |
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Appellant's conviction for ransom threats upheld on circumstantial phone evidence; four-year sentence confirmed.
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Criminal law — Extortion by written threats (s.304 Penal Code) — Circumstantial evidence — Proof of identity of sender of SMS — Failure to tender original messages not necessarily fatal — Sentence review
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19 November 2012 |
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The court upheld the respondent’s K800,000 property share and K50,000 compensation, dismissing the appellant’s appeal.
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Matrimonial property division — non-monetary contribution — beneficial interest; valuation of business assets; compensation on divorce; appellate rehearing; costs
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11 November 2012 |
| September 2012 |
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Petitioner failed to prove corrupt influence, bribery, or that any irregularities affected the election result; petition dismissed.
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Election law — s.114 Parliamentary and Presidential Elections Act — burden and standard of proof in election petitions; corrupt influence and bribery allegations; requirement of affidavits from affected voters or eyewitnesses; proof that irregularities affected result; discretionary costs.
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14 September 2012 |
| August 2012 |
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Conviction quashed where prosecution failed to prove government ownership or possession by employment; accused convicted of uncharged offence.
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Criminal law — Theft by public servant — proof of state ownership and possession by virtue of employment — hearsay evidence — conviction on offence other than charged — insufficiency of evidence — quashed convictions.
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31 August 2012 |
| June 2012 |
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Court restrained Speaker from ruling on alleged floor-crossing until the applicant is heard, citing access to justice and balance of convenience.
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Constitutional law — alleged floor-crossing by a Member of Parliament — right to be heard and rules of natural justice — interim restraint against Speaker pending hearing; Civil procedure — interim relief and balance of convenience; Jurisdiction — Commercial Division vs General Division of High Court; Access to justice and protection of constituents’ representation.
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22 June 2012 |
| May 2012 |
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Disciplinary decisions made by an irregularly constituted committee and without required witnesses are nullities; applicants ordered to re-sit exams.
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Administrative law — Judicial review of university disciplinary decisions — Procedural impropriety — Improper constitution of disciplinary committee where prescribed chair departed — Requirement for witnesses at disciplinary hearings — Remedy: quashing and order to re-sit examinations.
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23 May 2012 |
| April 2012 |
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Driver’s negligent speeding caused a pedestrian’s death; employer vicariously liable and damages awarded with assessment ordered.
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Tort — Negligence: duty of care to pedestrians, breach and causation; Vicarious liability of employer for employee's negligent driving; Wrongful death damages and assessment procedure; Burden and standard of proof on balance of probabilities
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16 April 2012 |
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10 April 2012 |
| January 2012 |
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24 January 2012 |
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24 January 2012 |
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Operational retrenchment lawful absent proof of HIV-based discrimination; failure of individual consultations warrants limited compensation.
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Employment law — unfair dismissal — retrenchment and redundancy — operational requirements — burden of proof on alleging employee — discrimination (HIV status) — consultation obligations (ILO Convention 158) — procedural irregularity vs substantive unfairness — compensation under s63(5) Employment Act.
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8 January 2012 |