Results.
26 judgments found.
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| April 2019 |
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Summary judgment granted where defendants' contributory‑negligence plea was a bare, unverified holding defence.
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Civil procedure — Summary judgment (Order 12 r.23 CPR) — Sham/holding defence — Pleading requirements (Order 7 r.1, r.7 CPR) — Contributory negligence — Need for factual particulars, verification and list of documents.
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30 April 2019 |
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30 April 2019 |
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30 April 2019 |
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30 April 2019 |
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30 April 2019 |
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30 April 2019 |
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Appeal against dismissal for failing to secure a failed train dismissed; disciplinary process found fair and lawful.
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Employment law — unfair dismissal — validity of reason — failure to secure failed train with sprags; Procedural fairness — right to be heard and impartial disciplinary panel; Labour Relations Act s65 — appeals on question of law; Internal appeal — effect on procedural defects; Justice and equity under Employment Act.
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29 April 2019 |
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Whether circumstantial evidence and retracted caution statements can sustain a murder conviction absent a body.
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Criminal law — Murder — Circumstantial evidence and confessions — Admissibility and weight of retracted caution statements (s.176 CP&EC) — Conviction without recovery of body — Common intention (ss.21–22 Penal Code).
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26 April 2019 |
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25 April 2019 |
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24 April 2019 |
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Court taxed party-and-party costs after reducing excessive time, allowed mediation costs, fixed hourly rate at K25,000, and taxed total K4,498,556.50.
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Costs taxation — principles of reasonable and proportionate costs; hourly rates for counsel; recoverability of mediation costs; care and conduct allowance; instruction fees; limits on messenger/filing at counsel rates.
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23 April 2019 |
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18 April 2019 |
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15 April 2019 |
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15 April 2019 |
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12 April 2019 |
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11 April 2019 |
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Court reversed acceptance of a presidential nomination due to lack of party authorization and improper countersignature.
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Electoral law — nomination irregularity at nomination stage — justiciability of intra-party disputes — onus of proof under Political Parties Act s.37 — authority of party office-bearer to countersign nomination papers.
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11 April 2019 |
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The applicant was awarded compensation for unfair dismissal, severance pay, and damages for defamatory slander by the respondent.
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Employment law — unfair dismissal — assessment under s63(4),(5) Employment Act 2000; employer blameworthiness and employee contribution; calculation of compensation and severance pay
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Defamation — slander actionable per se where criminal conduct (theft) is imputed; assessment of general damages, comparable awards and inflation considerations
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10 April 2019 |
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Applicant failed to show sufficient reason to extend time to file a client’s own bill of costs.
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Civil Procedure — Extension of time — Order 31 r.12 CPR — "sufficient reason" for delay — discretion exercised in interests of justice — inadequate affidavit — taxation of client’s own bill of costs — prejudice to administration of justice.
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9 April 2019 |
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Decree nisi granted for cruelty; custody to petitioner, maintenance, compensation and costs awarded; matrimonial house claim dismissed.
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Divorce — Applicable law for pre-Act marriages — pre-2015 marriages governed by prior law; Jurisdiction — domicile; Grounds — adultery condoned; cruelty established by one act and pattern of conduct; Custody — best interests of children; Maintenance order; Compensation; Matrimonial house claim inapplicable to civil marriage; Costs awarded to petitioner.
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9 April 2019 |
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9 April 2019 |
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8 April 2019 |
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5 April 2019 |
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Court refused late-stage live broadcasting request, balancing press freedom against accused’s right to a fair trial and court discretion.
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Broadcasting court proceedings — audiovisual and audio coverage — balancing freedom of expression/press with accused’s right to fair trial — open justice — judicial discretion and safeguards — late-stage applications risk prejudice to accused.
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3 April 2019 |
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2 April 2019 |
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The applicant proved on the balance of probabilities that the insured driver's negligent overtaking caused a fatal accident, making the respondent insurer liable.
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Motor-vehicle accident — negligence — duty of care of driver — admissibility and probative value of police accident reports — insurer liability for negligence of insured driver.
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1 April 2019 |