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Citation
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Judgment date
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| February 2017 |
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An interlocutory injunction was discharged after parties’ without-prejudice settlement was found to have been agreed, constituting changed circumstances.
Interlocutory injunction — discharge where settlement accepted post-injunction; "without prejudice" correspondence — admissible to prove contract where terms accepted; clerical error in citing procedural rule — falsa demonstratio non nocet.
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28 February 2017 |
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Plaintiff proved driver’s negligence while crossing road; defendant insurer held wholly liable.
Road‑traffic negligence — driver’s duty of care to avoid excessive speed and keep proper lookout — proof on balance of probabilities — contributory negligence must be proved by defendant — insurer liable under Road Traffic Act.
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28 February 2017 |
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Court allowed late amendment to defence, finding prejudice compensable by costs and ordering incorporation into joint defence.
Civil procedure — Amendment of pleadings (Order 20) — Late amendment — Prejudice that cannot be compensated — Joint defence versus separate defence — Costs as compensation.
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28 February 2017 |
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Plaintiff failed to prove driver negligence; pedestrian's breach of duty led to dismissal of claim against insurer.
Insurance cover proved; burden of proof on plaintiff; negligence requires proof of driver breach; pedestrians owe duty under Road Traffic Act; inconsistent evidence defeats claim.
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28 February 2017 |
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Assessment of catastrophic personal injury damages: substantial non-pecuniary awards granted; special damages denied for lack of proof.
Personal injury — assessment of damages — non-pecuniary awards for pain and suffering, loss of amenities and disfigurement; special damages must be pleaded and proved; use of comparable awards and adjustment for economic change; permanent incapacity considered.
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23 February 2017 |
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Appellant entitled to disputed land under Mang'anja matrilineal custom and by registration/possession; trial court's orders set aside.
Customary land succession — Mang'anja matrilineal versus patrilineal inheritance; evidentiary weight of occupation and association registration; appeal re‑examination where trial record lacks reasoned judgment.
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20 February 2017 |
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20 February 2017 |
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Appeal allowed: causes of action against a deceased survive to the estate and only an authorised administrator may defend; excessive delay and misrepresentation constituted abuse.
Succession law — s.10(1) survival of causes of action — requirement for letters of administration/authority to defend deceased’s estate — standing to be joined; Civil procedure — inordinate delay and abuse of process in applications to set aside default judgment; Misrepresentation by counsel as abuse of process.
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17 February 2017 |
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Assessment of damages for severe leg fractures: quantum for pain, loss of amenities, disfigurement; special damages unproven.
Personal injury — Assessment of damages for multiple leg fractures and surgical insertion of rods — quantum for pain and suffering, loss of amenities and disfigurement — special damages (police/medical reports) must be pleaded and proved — use of comparable awards and consideration of inflationary adjustments.
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16 February 2017 |
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Driver's excessive speed and failure to keep lookout caused the ox‑cart collision; owner and insurer held fully liable.
Motor vehicle negligence — duty of care — excessive speed and failure to keep lookout — causation; contributory negligence; insurer's policy limits not established; assessment of damages by Registrar.
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16 February 2017 |
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Court refused to suspend committal order due to defendants' persistent non‑compliance and unclean hands.
Civil procedure — committal and suspension under Order 52 r 7 — discretionary relief — non‑compliance with court orders; unclean hands; improper attempt to vary injunction via suspension.
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15 February 2017 |
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Whether a preliminary application incident to another application must be instituted by summons or may proceed by notice.
Civil procedure – preliminary applications incident to other proceedings – Order 32 r.1 summons requirement – Order 2 r.1 cure for irregularity – abuse of court process.
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14 February 2017 |
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The respondent insurer was held liable under section 148 for its insured’s negligent speeding and failure to keep proper lookout, causing the applicant’s injuries.
Road traffic law – Negligence – Duty of care to pedestrians – Excessive speed and failure to keep proper lookout – Causation – Insurer’s liability and right of injured party to sue under section 148 Road Traffic Act.
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13 February 2017 |
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Unilateral re‑designation, repeated transfers and degrading treatment amounted to demotion and constructive dismissal; damages remitted for assessment.
Employment law — constructive dismissal — demotion can occur without salary reduction — objective effect of unilateral re‑designation and transfers — requirement of procedural fairness and natural justice — concurrent jurisdiction of High Court and labour forums.
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13 February 2017 |
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Series of unilateral re-designations, transfers and humiliating treatment constituted constructive dismissal; matter remitted for damages assessment.
Employment law – constructive dismissal – section 60 Employment Act – unilateral re-designation and transfers as demotion – procedural fairness and natural justice – High Court concurrent jurisdiction in labour matters.
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13 February 2017 |
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Plaintiff proved truck driver negligence; vehicle insurer liable under Road Traffic Act; interest claim dismissed.
Road Traffic Act s148 — insurer's liability; Civil standard of proof — balance of probabilities; Contributory negligence — burden on defendant to prove material contribution; Interest on damages — not automatic where claim is for damages rather than debt; Weight of uncontroverted oral evidence and failure to call defence witnesses.
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10 February 2017 |
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Appellant’s failure to set down appeal for over two years warranted dismissal for want of prosecution and release of funds to respondents.
Civil procedure – Dismissal for want of prosecution – Inordinate and inexcusable delay – Prejudice to successful litigant – Setting down appeal (Order 59 r.5; Order 34 r.2) – Right to restore – Release of funds paid into court.
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10 February 2017 |
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Plaintiff proved motorcycle rider's negligence causing a child's death; insurer held directly liable under Road Traffic Act s.148(1).
Motor-vehicle negligence – duty of care to pedestrian children – child not contributorily negligent; insurer’s direct liability under Road Traffic Act s.148(1); damages for loss of expectation of life and dependence; quantum to be assessed by Registrar.
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10 February 2017 |
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The defendant breached statutory duties by failing to provide specialized training and supervision, causing the plaintiff's injury.
Occupational Safety, Health and Welfare Act – employer’s duty to provide safe place and system of work – obligation to provide specialized instruction, training and supervision for dangerous machinery – breach of statutory duty – res ipsa loquitur inapplicable where cause known – protective devices not required where unnecessary.
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8 February 2017 |
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Where a written judgment is incomplete, courts assess the materiality of the omission; reconstruction or completion may be ordered rather than automatic quashing of conviction.
Criminal procedure – requirement for written judgments (s.140 CP&EC) – failure to deliver complete written reasons – effect depends on materiality of missing parts – possible remedies include reconstruction, retrial or discharge – right of appeal and fair trial implications.
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8 February 2017 |
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Final inter‑country adoption granted where petitioner met residence, suitability and the infants’ best‑interests requirements.
Adoption law – inter‑country adoption; residence requirements; psychosocial adoptability; best interests of the child; consent of next of kin; apostilled home‑study reports; timeliness and permanence; final versus interim adoption orders.
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7 February 2017 |
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7 February 2017 |
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Court preserved interlocutory injunction protecting students’ studies pending trial, finding serious issues and damages inadequate.
Interlocutory injunction – American Cyanamid principles – Serious issue to be tried – Adequacy of damages – Balance of convenience – Accreditation and deregistration powers of National Council for Higher Education – Retrospective effect of accreditation decisions.
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6 February 2017 |
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Medical illness and prison conditions did not amount to exceptional circumstances to grant bail pending appeal.
Criminal law – bail pending appeal – conviction terminates ordinary right to bail – exceptional circumstances required for bail of a convict – medical condition and prison overcrowding insufficient where prisoner receives hospital care – offence: possession of protected species (ivory).
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4 February 2017 |
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An interlocutory mandatory injunction was granted to the applicant pending trial on a triable dispute over alleged sub‑letting.
Interlocutory injunction – triable issue – alleged sub‑letting – adequacy of damages – balance of convenience – mandatory injunction – allocation to new tenant.
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3 February 2017 |
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Owner held liable for driver's negligence; insurer not liable due to failure to prove insurance.
Negligence — duty of care of driver — owner liability for driver's negligence — insurer liability under s.148 Road Traffic Act — proof of insurer — requirement to plead and prove special damages.
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3 February 2017 |
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Whether judgment debt should be paid into court pending determination of an application to set aside a default judgment.
Civil procedure – garnishee proceedings; payment of judgment debt into court; setting aside default judgment; assessment of damages – adequacy of reasons; abuse of process; registrars' orders; risk of appellate interference.
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2 February 2017 |
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Irretrievable breakdown is not a statutory ground under the Divorce Act; petition for divorce dismissed with costs.
Divorce law – applicability of Marriage, Divorce and Family Relations Act to pre-commencement marriages – governing law for marriages contracted before 3 July 2015; Divorce Act s.5 – prescribed grounds for divorce; irretrievable breakdown not a statutory ground; petition dismissed with costs.
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2 February 2017 |
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Court dismissed third party's appeal and set aside stay for inordinate delay, procedural irregularity and abuse of process.
Civil procedure – appeal – want of prosecution – inordinate delay and contumacious conduct – dismissal for want of prosecution; Civil procedure – stay of execution – procedural route via Registrar – jurisdictional/irregularity issues; Abuse of court process – using delay to frustrate enforcement of judgment; Costs to follow the event.
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1 February 2017 |
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Compensation for unfair dismissal under s.63 must be just, equitable and individualized; blanket awards require reassessment.
Employment law – Unfair dismissal (s.57) – Compensation assessment (s.63) – Just and equitable principle – Duration of service primary – Not compensation to retirement – Requirement for individualized assessment and reasons – Remittance for reassessment.
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1 February 2017 |
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Court amended matrimonial property order: allow buyout or, after 14 days without agreement, order sale and share proceeds per formula.
Matrimonial property division; Amendment/correction of judgment under Order 20 Rule 11; buyout option; compulsory sale if no agreement within 14 days; application of distribution formula.
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1 February 2017 |