Results.
287 judgments found.
|
|
|
| May 2017 |
|
|
Summary judgment refused where plaintiff failed to authenticate documents and dispel bona fide factual disputes.
-
Civil procedure — Summary judgment — Order 14 — Plaintiff must verify claim and show absence of bona fide defence; authentication of documents, electronic communications and data-logger summaries essential; unresolved evidential inconsistencies preclude summary judgment.
|
11 May 2017 |
|
Each plaintiff awarded K1,000,000 for five days' false imprisonment for loss of liberty and humiliation.
-
False imprisonment — quantum of damages; compensation for loss of liberty, humiliation and mental suffering; evidentiary weight of alleged cell conditions; comparative awards and judicial discretion in assessing non-pecuniary damages.
|
11 May 2017 |
|
A magistrate court cannot transfer proceedings to the High Court; the purported transfer of assessment was invalid and dismissed.
-
Civil procedure — jurisdiction and transfer of proceedings — Courts Act ss.26, 40, 46 — subordinate courts may transfer only to other subordinate courts — High Court empowered to transfer proceedings to itself — purported transfer of assessment of damages invalid.
|
11 May 2017 |
|
Driver’s excessive speed and failure to keep lookout caused pedestrian's death; plaintiff awarded damages; quantum to be assessed.
-
Road traffic accident — negligence — driver’s duty to avoid excessive speed and keep proper lookout — causation and burden on balance of probabilities — insurer sued under s.148(1) RTA — assessment of damages by Registrar.
|
11 May 2017 |
|
Court ordered first defendant to file handwriting expert report by deadline or have its case deemed closed; final submissions due 30 days.
-
Civil procedure — expert evidence — handwriting expert — failure to produce expert report — deeming party's case closed — timetable for final submissions
|
10 May 2017 |
|
Registrar acted without jurisdiction; garnishee execution set aside and award funds retained by the court pending appeal.
-
Civil procedure — Jurisdiction — Proceedings and execution by a court officer without jurisdiction are null and void ab initio — Registrar’s ultra vires conduct — Garnishee order and payment — Funds to remain in custody pending appeal.
|
9 May 2017 |
|
|
4 May 2017 |
|
Claim to restrain bank sale failed where written loan agreement barred verbal amendment and claim disclosed no cause of action.
-
Contract law — Entire agreement clause and requirement for written, signed amendments; Pleadings — failure to plead key allegations; Civil procedure — strike out for disclosing no cause of action; Injunctive relief — cannot be based on unpleaded or verbal variations to a written loan agreement.
|
1 May 2017 |
|
Uncontested petition: respondent's deceit, arson and fraud found to constitute cruelty, justifying divorce and costs.
-
Matrimonial law — Divorce — Cruelty as ground for dissolution — Uncontested petition and unchallenged evidence — Conduct including deceit, insurance fraud and arson constituting cruelty — Domicile and absence of collusion.
|
1 May 2017 |
|
Uncontroverted passenger evidence established driver negligence and insurer vicarious liability; damages to be assessed by the Registrar.
-
Motor vehicle accident — driver negligence — passenger's uncontroverted evidence — vicarious liability of insurer — assessment of damages by Registrar.
|
1 May 2017 |
| April 2017 |
|
|
|
28 April 2017 |
|
Taxation need not await appeal, but failure to file the required taxation bundle mandates a stay until compliance.
-
Civil procedure — Taxation of costs — Effect of notice of appeal on taxation — Order 62 r8(4) discretion — Requirement to file taxation bundle — Order 62 r29(7) — Non‑compliance justifying stay.
|
28 April 2017 |
|
|
27 April 2017 |
|
|
27 April 2017 |
|
|
26 April 2017 |
|
|
26 April 2017 |
|
|
26 April 2017 |
|
Court quashed the respondent’s prosecution decision and granted permanent stay for lack of evidence and procedural irregularity.
-
Judicial review — prosecutorial discretion — leave to apply for judicial review — per incuriam/estoppel/suppression — Wednesbury unreasonableness — abuse of process — Corrupt Practices Act and Criminal Procedure & Evidence Code procedural compliance — permanent stay of prosecution and certiorari.
|
24 April 2017 |
|
|
24 April 2017 |
|
|
21 April 2017 |
|
|
21 April 2017 |
|
|
21 April 2017 |
|
Whether the applicant may challenge project implementation without an EIA and secure state-held project documents under the right to information.
-
Administrative Law — Judicial Review — Leave to apply for judicial review; standing and arguable case
-
Environmental Law — Environmental Impact Assessment — Requirement to conduct EIA and obtain approval before implementation — Environment Management Act s24; Specified Projects Notice (1998)
-
Constitutional Law — Right of Access to Information — State-held documents — Constitution s37 — Disclosure ordered
|
21 April 2017 |
|
|
20 April 2017 |
|
|
20 April 2017 |
|
|
20 April 2017 |
|
|
19 April 2017 |
|
Interlocutory injunction preserving GVH throne upheld; defendants’ application to vacate dismissed with costs.
-
Interlocutory injunctions — American Cyanamid principles — good and arguable claim threshold — preservation of status quo — alleged suppression of material facts in ex parte applications — customary procedures in chieftaincy removals.
|
19 April 2017 |
|
|
13 April 2017 |
|
|
13 April 2017 |
|
|
11 April 2017 |
|
|
11 April 2017 |
|
|
11 April 2017 |
|
Divorce granted on the petitioner’s uncontroverted allegation of the respondent’s adultery; respondent absent and no children or property.
-
Divorce — Adultery as ground for dissolution — Effect of respondent’s default/absence where service acknowledged — No children or matrimonial property to adjudicate.
|
10 April 2017 |
|
An appeal was dismissed for want of prosecution where the appellant filed a notice but took no further steps to prosecute it.
-
Civil procedure — Appeal — Notice of appeal alone insufficient — Want of prosecution — Dismissal of appeal hearing for failure to take required procedural steps.
|
9 April 2017 |
|
|
5 April 2017 |
|
|
4 April 2017 |
|
Appellate court upheld conviction and concurrent sentences based on recent possession and an unreasonable explanation.
-
Criminal law — burglary and armed robbery — doctrine of recent possession — possession of stolen property shortly after theft — burden and standard of proof — appellate restraint on sentence interference; concurrent sentences.
|
3 April 2017 |
|
|
2 April 2017 |
| March 2017 |
|
|
Whether respondents committed contempt by harvesting sugarcane during an extant interlocutory injunction.
-
Civil procedure — contempt of court — breach of interlocutory injunction — proof beyond reasonable doubt and mens rea required — discretionary sanctions: fine with default imprisonment — assessment and payment of proceeds into court.
|
31 March 2017 |
|
Detention beyond statutory remand periods without imminent trial is unlawful; court ordered a timetable and trial date to remedy delay.
-
Criminal procedure — remand periods — s161F & s161G — illegal detention where trial not imminent — prosecutorial delay and funding constraints — court-ordered timetable to compel prompt trial.
|
30 March 2017 |
|
Improper case assignment and failures in child-witness procedure rendered the trial a nullity; retrial ordered with protective measures.
-
Administrative impropriety in case assignment; child-witness protections — in camera hearings, voir dire for competency, unsworn evidence and corroboration; pre-recorded interviews admissibility; disciplinary accountability for judicial officers.
|
29 March 2017 |
|
Application to suspend enforcement dismissed for being improperly brought under Order 28 r.48 absent enforcement proceedings.
-
Civil procedure — Stay/suspension of enforcement — Order 28 r.48 CPR — enforcement order required before suspension application — threshold competence — procedural dismissal.
|
27 March 2017 |
|
Plaintiff failed to prove driver negligence or that defendant insured the vehicle; claim dismissed with costs.
-
Tort — Negligence — Burden of proof — Plaintiff must adduce sufficient evidence to establish negligence on the balance of probabilities
-
Evidence — Hearsay — Police report authored by non-witness inadmissible and not probative
-
Insurance — Proof of cover — Claimant must prove insurer relationship before imposing liability on insurer
|
20 March 2017 |
|
High Court has jurisdiction to distribute intestate estates; absent proven special circumstances, spouse and children receive adjusted fair shares (29%, 29%, 32%, 5%, 5%).
-
Probate/Intestate succession — High Court jurisdiction under Deceased Estates Act — s.17 fair distribution principles — "special circumstances" to depart from equal shares — weight of intestate's terminal-benefits allocation and proof of spousal/third-party contributions — consideration of children's ages and parents' medical needs.
|
15 March 2017 |
|
A defendant who takes substantive steps cannot later seek a stay for arbitration; amendments must be by summons or motion.
-
Civil Procedure
-
—
Arbitration Clause — Stay of proceedings — Timing of application under Arbitration Act s 6(1)
-
—
Amendment of Pleadings — Mode of application under Order 20 RSC — Summons or Notice of Motion required
|
15 March 2017 |
|
Both applicant and respondent found negligent; damages apportioned equally and respondent insurer liable for half.
-
Road traffic law — negligence in overtaking — duty of care of driver — contributory negligence by cyclist — apportionment of liability 50:50 — insurer’s direct liability under Road Traffic Act — limited weight of police report/opinion.
|
13 March 2017 |
|
Proceedings stayed until taxation and payment of costs owed by the plaintiff following a consent discontinuance.
-
Civil procedure — stay of proceedings — discontinuance by consent — enforceability of unsigned (unendorsed) consent order — Order 21 r5 — taxation and payment of costs.
|
10 March 2017 |
|
Bail and stay pending appeal denied where medical report is admissible as a whole and appeal lacks real prospects.
-
Criminal procedure — bail pending appeal; stay of sentence — refusal where appeal lacks real prospects
-
Evidence — medical report admissible as a whole; challenges to complainant's age must be raised at trial
|
6 March 2017 |
|
Administrator appointed after suit commenced cannot recover loss of expectation of life; dependency and funeral costs awarded and apportioned.
-
Civil damages — Wrongful death; administrators' title to sue — letters of administration must precede commencement to claim loss of expectation of life; loss of dependency assessed by multiplicand/multiplier (domestic worker wage; multiplier 35); special damages require strict proof; apportionment among dependants.
|
6 March 2017 |