Results.
37 judgments found.
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| March 2019 |
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Assessment of personal injury damages awarding differing sums for pain, suffering, disfigurement and special damages.
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Personal injury — assessment of damages — pain and suffering, loss of amenities and disfigurement — use of comparable awards as guide — special damages awarded — insurer allowed but did not prove policy exhaustion.
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29 March 2019 |
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29 March 2019 |
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Unauthorized commercial use of plaintiffs' family image violated privacy; damages and costs awarded, but no dignity violation.
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27 March 2019 |
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A village headman lacks statutory authority to administer customary land; the Traditional Authority must determine occupancy after consultation.
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Land law — Customary land administration — Land Act s.26 — Chiefs Act — distinction between Chief and Village Headman — authority to authorize occupation of customary land — requirement of consultation and due process.
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27 March 2019 |
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26 March 2019 |
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Application to stay dismissal for want of prosecution was improperly grounded under Orders 12 and 21 and was dismissed with costs.
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Civil procedure — dismissal for want of prosecution — stay of ruling — Order 12 rule 55(1) (setting aside dismissal by agreement or on appeal) — Order 21 (appeals from subordinate courts) — High Court lacks jurisdiction to set aside dismissal on the basis advanced where appeal remedy lies with appellate court.
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26 March 2019 |
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26 March 2019 |
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Claim for revised invoice rates upheld; defendant justified in deducting re‑fumigation costs; compound interest awarded; collection indemnity denied.
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Civil procedure — court divisions and jurisdiction; contract formation and variation by conduct; estoppel to deny agreed revised prices; warranty of beetle‑free fumigation; lawful deduction for re‑fumigation costs; award of compound interest; collection costs not recoverable after litigation.
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26 March 2019 |
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Letters of administration granted; estate must be administered and distributed under section 17, giving spouse and children equal shares.
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Probate — Letters of administration — Intestacy distribution under section 17 — Equal shares for spouse and children — District authority guidance on administration.
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25 March 2019 |
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Assessment of damages for serious road‑traffic injuries: awards for pain and suffering, lost earnings and loss of earning capacity.
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Personal injury — assessment of damages — non‑pecuniary damages (pain and suffering, loss of amenities, disfigurement); pecuniary loss — past lost earnings; loss of earning capacity — multiplicand/multiplier approach; special damages — lost goods and cash; costs for reports.
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25 March 2019 |
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Judicial review allowed where university promotion decisions and a journal 'whitelist' raise public-law, ultra vires and procedural-fairness issues.
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Administrative law — judicial review — amenability of employment-related decisions to judicial review where public-body decision-making, ultra vires action, or procedural fairness is in issue; limitation — three months from final administrative decision.
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25 March 2019 |
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A default judgment entitles claimants to pursue distribution; defendants must seek restoration to challenge it, not strike out the summons.
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Probate — distribution summons — attempt to strike out under inherent jurisdiction — default judgment binding unless set aside — non-attendance at mediation — restoration of defence under Order 13 rule 6(2).
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22 March 2019 |
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22 March 2019 |
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Claimant awarded K10,296,436.64 for wrongful death—life expectancy, dependency and funeral expenses.
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Personal injury — Wrongful death — Assessment of damages: loss of expectation of life; loss of dependency (multiplicand and multiplier); funeral expenses — proof and award without detailed receipts; reliance on comparable awards and WHO life-expectancy statistics.
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19 March 2019 |
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Court awarded K5,500,000 general damages and K4,000 special damages for severe elbow and chest injuries; insurer’s liability capped at K5,000,000.
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Personal injury — Assessment of damages — fractured olecranon and elbow dislocation, chest and pelvic contusions — general damages for pain and loss of amenities — proof and award of special damages — reliance on comparable authorities and inflation — insurer’s contractual policy limit caps liability.
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18 March 2019 |
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Court ruled there was a case to answer under section 254(1); accused must enter defence.
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Criminal procedure — Case to answer — Section 254(1) — Prima facie test — When to rule no case to answer — Requirement to give reasons for no-case rulings (ss.139–140).
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18 March 2019 |
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16 March 2019 |
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Permission for judicial review set aside where claimant lacked an arguable case and had unexhausted alternative remedies.
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Administrative law — judicial review permission — requirement of an arguable case and exhaustion of alternative remedies; Tax law — scholarship/bursary exemption requires ministerial approval; procedural — setting aside permission and costs.
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15 March 2019 |
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The appellant's defilement conviction was upheld on credible child, maternal and medical evidence; sentence reduced from 11 to 8 years.
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Criminal law — Defilement of child under 16 — Child’s unsworn evidence and circumstantial corroboration; admissibility of medical reports — compliance with s180(3) — oral evidence of medical officer; sentencing — youth and first offender mitigation; appellate reduction of sentence.
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14 March 2019 |
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14 March 2019 |
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14 March 2019 |
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11 March 2019 |
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11 March 2019 |
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Sole credible eyewitness proved driver negligence; insurer's non-reporting defence did not defeat the plaintiff's claim.
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Motor vehicle accident — Insurer liability — Proof of negligence on balance of probabilities — Sole eyewitness credibility — Failure to report accident to insurer not dispositive of claimant's entitlement.
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11 March 2019 |
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The applicant's claim dismissed because the insurer's policy excluded passenger liability and the claim against the driver was abandoned.
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Motor vehicle insurance — passenger liability exclusion — s.144(b) Road Traffic Act — renewal of original policy by renewal notes — insurer not liable for passenger injuries absent cover for passengers or employment-related carriage.
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11 March 2019 |
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Court found a prima facie case of manslaughter under s.254; accused ordered to enter defence.
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Criminal procedure — Case to answer — s.254 Criminal Procedure and Evidence Code — Prima facie test — Whether reasonable tribunal might convict — Distinction between rulings that there is a case to answer and findings of no case requiring reasons.
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11 March 2019 |
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11 March 2019 |
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Strength of the prosecution's case can inform bail decisions, but must be weighed with other factors; bail granted with strict bonds.
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Bail law; Bail (Guidelines) Act s4(ii) — strength of case as bail factor; lower evidentiary standard at bail stage (affidavits); presumption of innocence; strict conditions for serious offences (defilement).
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8 March 2019 |
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Section 90 grants the revenue authority discretion to pursue importer or possessor; no injunction as damages are adequate.
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Customs law — Interpretation of Section 90 Customs and Excise Act — Whether provision creates priority to recover unpaid duty from importer or permits discretion to pursue importer or person in possession — Interlocutory injunction prerequisites — adequacy of damages.
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8 March 2019 |
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An appeal lacking grounds and merely re-presenting evidence will be dismissed; each party bears own costs.
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Appeal procedure — requirement to file grounds of appeal; appellate rehearing and deference to trial findings of fact; procedural non-compliance may warrant dismissal.
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7 March 2019 |
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An appeal that merely re-presents evidence without grounds is dismissed for failure to show trial court error.
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Civil procedure — Appeal — Requirements for valid appeal — Need for grounds of appeal — Appeal by way of rehearing — Appellate reluctance to disturb trial findings of fact absent misdirection, misreception of evidence, or perversity — Dismissal where appellant merely re-presents evidence.
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7 March 2019 |
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Assessment of quantum of damages after negligent driving, limiting repair costs and awarding reasonable compensation for non-pecuniary losses.
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Motor vehicle negligence — assessment of quantum of damages — repair costs where vehicle not produced — loss of use and inconvenience awards despite limited proof — special damages strictly proven by receipt.
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6 March 2019 |
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Damages for breach of land sale measured as the difference between current market price and contract price, computed via forex conversion.
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Contract law — breach of sale agreement — measure of damages as difference between contract price and market price — computation via USD conversion using Reserve Bank forex averages — assessment of small variance due to currency stability.
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6 March 2019 |
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6 March 2019 |
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6 March 2019 |
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Assessment of personal injury damages and rejection of insurer’s late-raised exhausted policy-limit defence; defendants jointly and severally liable.
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Motor vehicle personal injury — assessment of general damages (pain and suffering, loss of amenities, disfigurement) — medical evidence and comparable awards; Insurance — policy limits — must be pleaded and determined in main proceedings; exhausted policy defence raised at assessment rejected; joint and several liability of insurer and insured; implication of terms into insurance contracts to give effect to reasonable expectations.
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5 March 2019 |
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5 March 2019 |