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Citation
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Judgment date
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| November 2017 |
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Employer may deduct from wages for restitution but cannot withhold employees' pension to recover debts.
Employment law – recovery of employer losses – s56(4) Employment Act: deductions from wages permissible; Pension law – pension benefits not attachable to settle employee debts; remedies for seized property.
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30 November 2017 |
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Applicant on prolonged remand granted bail with strict conditions including cash bond, sureties, reporting, and surrender of travel documents.
Criminal procedure – Bail – Applicant on prolonged remand granted bail – State non-objection but requests strict conditions – Conditions imposed: cash deposit, two bonded sureties, periodic police reporting, travel restrictions, surrender of travel documents, examination of sureties before Registrar.
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30 November 2017 |
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Bail granted despite overstay on remand, subject to strict conditions to ensure attendance and protect the administration of justice.
Bail — Grant of bail where accused has overstayed on remand — Interest of justice — Imposition of conditions: cash deposit, sureties, periodic police reporting, surrender of travel documents — Examination of sureties before Registrar.
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30 November 2017 |
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Applicant granted bail pending trial with strict cash, surety, reporting and travel-document surrender conditions.
Criminal procedure – Bail application – Overstay on remand – Bail Guidelines Act s12; Criminal Procedure and Evidence Code s118; Constitution s42(2)(e) – Conditions of bail: cash deposit, bonded sureties, reporting requirements, travel-document surrender, examination of sureties.
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30 November 2017 |
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Summary judgment granted where insurer's general denial and unsupported contributory-neglect plea failed to constitute a bona fide defence.
Civil procedure – Summary judgment (Order 14 RSC) – Defendant must file an affidavit with particulars – Bare denials and unsupported contributory negligence plea are not bona fide defences – Insurer’s vicarious liability where insurer not disputed – Sham defence doctrine.
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29 November 2017 |
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Summary judgment granted where defendant's general denial lacked particularized facts to raise a bona fide defence in a negligence claim.
Civil procedure – summary judgment (Order 14 RSC) – requirement for a defendant to raise a bona fide defence with particularized facts – negligence/personal injury – general denials insufficient to defeat summary judgment.
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28 November 2017 |
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Summary judgment refused where defendant’s denial of insurer status and plea of contributory negligence raised bona fide triable issues.
Civil procedure — Summary judgment (Order 14 RSC) — Exceptional remedy — Bona fide defence and triable issues — Contributory negligence — Denial of insurer status — Admissibility/weight of affidavit sworn by counsel — Liability to be determined at trial.
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21 November 2017 |
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Court dismissed the action for want of prosecution due to inordinate delay, granting liberty to restore within 30 days.
Civil procedure — dismissal for want of prosecution — High Court Civil Procedure Rules 2017 — active case management (Order 1 r.5) — inordinate and inexcusable delay — liberty to restore — costs awarded.
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20 November 2017 |
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An Order 14A application was dismissed because disputed adverse possession and notice issues require a full trial.
Civil procedure — Order 14A RSC — Summary determination inappropriate where issues of adverse possession, bona fide purchaser status and limitation raise factual disputes requiring full trial and cross‑examination; prior judicial directions to proceed to trial preclude pre‑emptive interlocutory determination.
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17 November 2017 |
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Insurer struck out because the policy excluded passenger cover and the plaintiff had no cause of action against it.
Insurance law – insurer struck out where policy expressly excluded passenger cover; Road Traffic Act s.144 does not universally mandate passenger insurance; sanctity of contract; Order 15 r.6(2) RSC – striking out improperly joined parties.
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16 November 2017 |
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Trial held in chambers without sufficient reasons breaches right to public trial; proceedings declared nullity and retrial ordered.
Constitutional right to public trial — s42(2)(i); Criminal Procedure & Evidence Code s71; Courts Act s60 — in camera exceptions require sufficient reasons; trials in chambers/prisons without Chief Justice designation invalid; remedy: proceedings declared nullity and retrial ordered.
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14 November 2017 |
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Court awarded the plaintiff K3,806,000 for pain, loss of amenities, disfigurement and report costs after a vehicle collision.
Tort – assessment of non-pecuniary damages – pain and suffering; loss of amenities of life; disfigurement – reliance on comparable cases and adjustment for currency devaluation – award of documentary costs.
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9 November 2017 |
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Prosecution discontinuance resulted in the accused’s discharge under s77 and discharge of bail and recognizances.
Criminal procedure – Discontinuance by prosecution – Discharge under s 77 Criminal Procedure and Evidence Code – Effect on bail and recognizances.
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8 November 2017 |
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Summary disposal inappropriate where consultations in redundancy dispute raise contested factual issues; matter remitted for trial.
Industrial relations — unfair dismissal — termination for operational requirements — requirement to consult — appropriateness of summary disposal where factual disputes exist — IRC procedure and pleadings — remit for trial — no order as to costs (s72 LRA).
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3 November 2017 |
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2 November 2017 |
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Leave to issue third‑party notice dismissed; dispute is commercial and belongs in the Commercial Court; costs awarded.
Procedure — Third‑party notice (Order 19 Rule 1) — Jurisdiction — Commercial dispute falling within Commercial Court under section 6(A)(1) Courts Act — Commissioner for Lands v Deeds Registrar — land law; Deeds Registration Act; Land Act.
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1 November 2017 |
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Constructive desertion upheld where spouse unjustifiably denied conjugal rights and accusations of adultery were unproven.
Family law – Constructive desertion – Denial of conjugal rights – Sufficiency of evidence of adultery – Marriage, Divorce and Family Relations Act s48(1) – Appeal by rehearing – No basis for retrial.
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1 November 2017 |
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Court upheld dismissal for collusion and dishonesty, finding substantive and procedural fairness despite telephonic summons.
Employment law – unfair dismissal – disciplinary procedure – dishonesty/collusion in sales transactions – s.27 Employment Act (particulars of employment) not determinative – s.57 fairness of reasons and procedure – telephonic disciplinary summons.
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1 November 2017 |
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Conflicting subordinate court distributions of matrimonial property were set aside; a senior magistrate ordered to re-distribute within 30 days.
Matrimonial property distribution – Conflicting subordinate court orders – Procedural irregularities in distribution records – Setting aside defective orders – Re-assignment to Chief Resident Magistrate or senior delegate – Supervisory accountability.
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1 November 2017 |