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Citation
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Judgment date
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| February 2019 |
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28 February 2019 |
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28 February 2019 |
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Defendants' default led to struck‑out defence and K4,000,000 award for pain, disfigurement and loss of amenities after finger amputations.
Civil procedure – striking out defence for failure to comply with court directions and failure to attend hearing; Personal injury – amputation of fingers – damages for pain and suffering, disfigurement and loss of amenities of life; Assessment of quantum – use of comparative awards and consideration of inflation/currency value.
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28 February 2019 |
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Non‑compliance and absence led to striking out of defence; claimant awarded K4,000,000 for finger amputation injuries.
Civil procedure — Failure to comply with court directions; striking out defence and entering judgment. Personal injury — Workplace amputation of fingers — General damages: pain and suffering, disfigurement, loss of amenities; assessment of quantum and comparative authorities.
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28 February 2019 |
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Reporting suspected theft to police and internal investigation do not alone establish employer liability for false imprisonment or defamation.
False imprisonment – distinction between making a charge and giving information to police; vicarious liability for employer; malicious prosecution – acquittal not prima facie proof of malice; defamation – requirement of proof on balance of probabilities.
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26 February 2019 |
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Claimant failed to prove employer vicariously liable for manager's insulting remark; dismissal was for incompetence.
Defamation — publication and context; vicarious liability — requirement that tort be committed in the course of employment; burden of proof on claimant; publication via media versus employer publication; dismissal not proof of endorsement; exemplary damages.
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26 February 2019 |
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The claimant’s proceedings were struck out and the interlocutory injunction vacated for lack of prosecution.
Civil procedure – striking out for want of prosecution – Order 12 r56 – interlocutory injunction vacated – failure to prosecute – costs ordered.
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26 February 2019 |
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22 February 2019 |
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21 February 2019 |
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Missing trial record denying appellate or review rights justified immediate release under the court’s inherent jurisdiction.
Criminal procedure – Missing trial record – Registrar’s failure to locate file – Right to appeal/review impeded – Inherent jurisdiction – Remedy of release.
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20 February 2019 |
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Claimant failed to prove employer negligence from a defective tool or absence of protective gear; claim dismissed.
Employer duty of care – provision of safe tools and personal protective equipment – foreseeability and causal nexus – balance of probabilities in negligence claims – failure to prove defective tool or causation.
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19 February 2019 |
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Appeal premature while severance and leave remain unassessed; applicant’s stay vacated and assessments must proceed; costs borne by each party.
Labour law – unfair dismissal – compensation, severance and leave pay to be assessed – assessment pending makes appeal premature – stay/suspension pending appeal vacated – set‑off against indebtedness – costs: no order (s.72 Labour Relations Act).
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18 February 2019 |
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Interlocutory injunction refused in customary land dispute due to prematurity, concurrent proceedings, and adequacy of damages.
Civil procedure — Interlocutory injunction (Order 10 Rule 27) — customary land dispute — triable issue but application premature due to concurrent traditional and magistrate proceedings — suppression of material facts — damages may be adequate — mediation ordered.
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15 February 2019 |
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Claimant’s inaction led to vacatur of interim injunction, dismissal for want of prosecution, indemnity and costs.
Civil procedure – Strike out for want of prosecution – Inordinate delay – Vacatur of interim injunction – Case management and initial directions – Order 12 r56 CPR 2017 – Costs from commencement.
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15 February 2019 |
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Accused acquitted where prosecution failed to establish a prima facie case linking him to the murder.
Criminal procedure – No case to answer – Ss. 254 and 313 – Namonde test; Sufficiency of circumstantial evidence; Presence in same dwelling and discovery of blood-stained knife; Separate trial of juvenile under Child Care, Protection and Justice Act s.136.
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14 February 2019 |
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The applicant pleaded guilty to a premeditated, property-motivated murder and was sentenced to 30 years' imprisonment.
Criminal law — Murder — Guilty plea accepted despite variations — Premeditation and motive to retain matrimonial property — Use of poison and strangulation — Aggravating factors outweigh mitigation — Death sentence not supported — Sentence: 30 years' imprisonment with credit for time served.
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13 February 2019 |
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12 February 2019 |
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8 February 2019 |
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Court refused to intervene in an intra-party candidate dispute, finding internal remedies not exhausted and damages adequate.
Political parties as clubs; internal dispute resolution and exhaustion of remedies; interim injunction requirements (serious question to be tried; inadequacy of damages); nomination deadlines and procedural feasibility.
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6 February 2019 |
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An interlocutory injunction granted before issuance and service of the writ is void; restoration refused for inaction.
Civil procedure — Interlocutory injunctions — Order 10 r27 — writ must be issued and served before injunction application; restoration refused for inaction and procedural error; practitioner conduct and failure to document registry complaints criticized.
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5 February 2019 |
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Proceedings struck out for want of prosecution after over four years' inactivity under Order 12 CPR.
Civil procedure – striking out for want of prosecution – Order 12 r.56 CPR – inactivity exceeding 12 months – abuse of court process – Registrar to act under Order 12 r.58 CPR
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5 February 2019 |
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Applicants succeeded in judicial review: JSC's external recruitment breached legitimate expectations and lacked proper regulations, but court refused mandatory appointments.
Administrative law — Judicial appointments — Whether JSC nomination/appointment of judicial officers is administrative action — Reviewability under section 43 — Legitimate expectation from prior practice and representations — Ultra vires/irrational departure from Regulation 13(1)(a) — Duty to develop JSC recruitment regulations under Judicature Administration Act.
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4 February 2019 |
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Claim for fire damages dismissed due to unauthorised electrical extension and failure to prove a voltage upsurge.
Negligence – duty of care – electricity supplier’s liability limited to point of supply; Illegal/unauthorised connection – effect on liability; Proof of voltage upsurge – burden of proof; Res ipsa loquitur – inapplicability where control and causation not established; Electricity By-laws/Electricity Act – customer responsibility for installations beyond point of supply.
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4 February 2019 |