Results.
36 judgments found.
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| January 2019 |
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The defendant's restoration application was dismissed for lack of a sufficient excuse and absence of a meritorious defence.
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Civil procedure — restoration of application to set aside default judgment — sufficiency of excuse for non-attendance — requirement of meritorious defence — effect of unqualified payment/cover letter not marked 'without prejudice' as admission.
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28 January 2019 |
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Ex parte freezing injunction discharged for failure to disclose material facts and inadequate enquiries.
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Civil procedure — interlocutory ex parte relief — duty of full and frank disclosure — materiality of omitted facts — obligation to make reasonable enquiries — discharge of freezing injunction.
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28 January 2019 |
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Applicant awarded K6,013,500 for femoral fracture injuries, ongoing pain, loss of amenities, disfigurement and proved special damages.
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Motor vehicle accident — personal injury — fracture of femur — surgical insertion of sign nail — ongoing pain, restricted knee movement and scarring — assessment of general damages — proof and award of special damages — costs.
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28 January 2019 |
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Appeal allowed: magistrate wrongly found no case; evidence disclosed indecent assault and related sexual offences, matter remitted.
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Criminal law — no‑case‑to‑answer test; prima facie evidence; indecent assault (s137(1)) — age not an element; alternative/added charges (s254(2), s151) — defilement, rape, s159A; corroboration (s232); medical report compliance (s180).
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28 January 2019 |
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Court assessed uncontroverted interest at K25,798,106.21 after default judgment; assessment costs awarded, quantum to be agreed or taxed.
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Assessment of interest — default judgment — uncontroverted evidence — interest calculated at 10% above bank base lending rate — award of interest and costs; quantum of costs to be agreed or taxed.
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25 January 2019 |
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Claimant’s prolonged inaction justified striking out proceedings for want of prosecution; procedural irregularity was not a nullity.
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Civil procedure — want of prosecution — striking out for dormancy — irregularity of counsel’s notice not a nullity — Court’s inherent jurisdiction and Orders 2 and 35 applicable.
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24 January 2019 |
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Assessment of damages for injury from a contaminated beverage; medical proof required for psychological and other claimed conditions.
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Personal injury — assessment of damages for injury from contaminated beverage — quantum for pain and suffering — requirement of medical proof for claimed conditions and psychological injury — strict proof required for special damages (medical fees and travel) — costs follow the event.
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24 January 2019 |
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Unpaid city rates exceeding K2,000,000 constitute a commercial matter and must be heard in the Commercial Division.
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Civil procedure — High Court Divisions — Commercial Division jurisdiction; definition of "commercial matter"; monetary threshold set at K2,000,000; transfer under s.6A(2) of the Courts Act; city rates not a "revenue matter" under Courts Act.
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23 January 2019 |
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Unpaid city rates exceeding K2,000,000 qualify as commercial matters and must be transferred to the Commercial Division.
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Court division jurisdiction — Commercial Division v Civil Division — definition of "commercial matter"; city rates not a "revenue matter"; monetary threshold for commercial significance set at K2,000,000; transfer under section 6A(2) of the Courts Act.
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23 January 2019 |
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Convicted murderers received 40 years’ imprisonment due to use of a panga, joint attack, abandonment of victim and lack of remorse.
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Criminal law — Murder — Sentencing — Use of offensive weapon (panga) and joint attack as aggravating factors — Leaving victim to be run over — No guilty plea or remorse — Death/life reserved for rarest cases — 40 years’ imprisonment imposed.
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23 January 2019 |
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Assessment of general damages for personal injury; court awarded K6,163,500 relying on medical reports and comparable cases.
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Personal injury — Assessment of general damages — Pain and suffering, disfigurement and loss of amenities — Causation and medical evidence — Use of comparable awards.
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21 January 2019 |
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An interlocutory injunction application was struck out and dismissed for procedural defect and abuse of court process due to inordinate delay.
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Interlocutory injunctions — procedural requirements — Order 10 CPR — distinction between rule 8 (pre-action interlocutory orders) and rule 27 (post-commencement) — requirement to state reasons for seeking injunction before main action — abuse of process for inordinate delay and failure to commence main proceedings — striking out and dismissal with costs.
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21 January 2019 |
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20 January 2019 |
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On intestacy, property inherited by a deceased's child passes to that child's children, not to the deceased's sibling.
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Deceased Estates Act 2011 — intestacy — succession to immediate family — property inherited by a deceased child passes to that child's descendants; appellate review of factual findings.
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19 January 2019 |
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Assessment of general damages for road-traffic personal injuries and order that the defendant personally pay K2,305,000 as insurer was wound up.
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Personal injury — quantification of general damages (pain and suffering, disfigurement, loss of amenities) — assessment by reference to comparable awards — insurer wound up; defendant ordered to pay personally — costs of assessment.
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18 January 2019 |
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Whether an employment contract was formed by conduct when the applicant continued working and was paid revised salary.
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Employment law — Contract formation by conduct — Renewal of fixed-term contract — Acceptance by allowing continued work and paying revised salary and benefits — Wrongful/unlawful termination — Damages to be assessed.
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17 January 2019 |
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Court rectified earlier ruling to record dismissal, set aside plaintiffs' leave to amend, and awarded costs to defendant.
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Civil procedure — striking out pleadings — Order 18 r.19 RSC — striking out Statement of Claim versus dismissal of action — rectification of court ruling — leave to amend after striking out — costs.
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17 January 2019 |
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Claimant awarded non-pecuniary damages for workplace fracture, reduced by prior workers’ compensation payment.
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Tort — Employer negligence — Personal injury; Assessment of non-pecuniary damages — Pain and suffering; Loss of amenities of life; Workers Compensation Act s63(a) — Deduction of prior compensation; Quantum — reliance on comparable cases.
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16 January 2019 |
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Claimant awarded K4,813,350.00 for pain, loss of amenities and proved special damages; disfigurement not proven.
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Personal injury — assessment of damages for pain and suffering and loss of amenities; disfigurement must be proved; special damages must be pleaded and proved.
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16 January 2019 |
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Unlawful arrest and public parading by police constituted false imprisonment and defamation; damages to be assessed.
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Tort — False imprisonment — Unlawful arrest without probable cause; Defamation — Public parading in handcuffs as publication injuring reputation; Civil standard of proof — balance of probabilities; Assessment of damages ordered.
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16 January 2019 |
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Plaintiff failed to prove false imprisonment, malicious prosecution or defamation where defendant merely reported missing cattle to police.
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Tort—False imprisonment: distinction between reporting an offence and laying a charge; liability requires undue pressure or instruction to arrest
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Tort—Malicious prosecution: acquittal insufficient; plaintiff must prove lack of reasonable cause and malice. Defamation: requires false publication injuring reputation; lawful police investigation/prosecution negates defendant liability. Evidence: written admission and DVD recording; civil standard—balance of probabilities
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16 January 2019 |
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Assessment of non-pecuniary damages for multiple foot fractures and chest injuries due to negligent driving.
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16 January 2019 |
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16 January 2019 |
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14 January 2019 |
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Assessment of damages for soft-tissue injuries: quantum for pain, disfigurement, loss of amenities and special damages.
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Personal injury — Assessment of damages — Pain and suffering; disfigurement; loss of amenities of life; special damages — Use of comparable awards — Weight of medical report on permanent incapacity.
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14 January 2019 |
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Assessment of quantum for soft tissue injuries and scarring; court awards K1,793,500 plus costs.
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Personal injury — assessment of damages for pain and suffering, loss of amenities and disfigurement; weight of medical report on permanent incapacity; use of comparable awards to quantify general damages.
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14 January 2019 |
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Excommunications declared void for breach of natural justice; trust not subject to judicial review; permanent injunction refused.
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Church law — corporate trusteeship — not all incorporated trusts are public bodies; judicial review not automatically required — justiciability. Natural justice — right to be heard — failure to afford hearing renders excommunication/dismissal void. Procedural impropriety — improperly convened conference and bad-faith constitutional amendments
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Remedies — declaratory relief and costs granted; permanent injunction inappropriate for membership/employment disputes
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11 January 2019 |
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Conviction for acts intended to cause grievous harm substituted to wounding where intent was not proved; sentence reduced.
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Criminal review — substitution of conviction — section 150(1) Criminal Procedure and Evidence Code — mens rea requirement for s.235(a) (acts intended to maim/disfigure/disable) — unauthorised prosecutor and jurisdictional defect.
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10 January 2019 |
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Conviction quashed where accused was convicted of an uncharged offence and trial irregularities rendered the verdict unsafe.
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Criminal law — Conviction on uncharged offence — Robbery not minor and cognate to theft, grievous harm or malicious damage — Right to be informed of charge and to plead — Failure to call key witness renders material evidence hearsay — Unduly long adjournment in custody violates fair trial rights.
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10 January 2019 |
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Interlocutory injunction granted to restrain party from enforcing primary result over alleged denial of hearing.
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Political parties — internal disputes; justiciability — exceptions where courts may intervene; natural justice — right to be heard; exhaustion of internal remedies; interlocutory injunction — preservation of status quo; adequacy of damages in electoral/political contests.
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8 January 2019 |
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8 January 2019 |
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8 January 2019 |
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8 January 2019 |
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Assessment of damages for multiple metatarsal fractures: K1,750,000 for pain and suffering plus K3,000 for police report; medical report not proved.
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Personal injury — Assessment of damages — Multiple metatarsal fractures and soft tissue injury — Quantification by reference to comparable awards — Loss of amenities not awarded as unpleaded — Special damages: police report awarded; medical report not proved.
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8 January 2019 |
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8 January 2019 |
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7 January 2019 |