|
Citation
|
Judgment date
|
| May 2019 |
|
|
Appellate court ordered retrial on property distribution, child maintenance and compensation due to lower court omissions.
Family law — Dissolution of marriage — Distribution of matrimonial property — Lower court distributed property without hearing — Absence of maintenance and compensation orders — Appellate powers (Courts Act s.22) — Retrial ordered; preservation of property pending retrial; costs each party.
|
27 May 2019 |
|
Court granted leave for judicial review of electoral actions but discharged the stay, allowing the Commission to complete processes under statutory time limits.
Electoral law — Judicial review as a permissible route for election disputes — Jurisdiction under section 76(5)(a) and Order 19 r.20 — Interim injunctions in election matters — Statutory timeliness under s.99 Parliamentary and Presidential Elections Act — Reviewability of administrative acts (tally sheets, verification, tabulation).
|
27 May 2019 |
|
Prisoner passenger owed duty of care but failed to prove driver negligence or causation due to lack of evidence.
Personal injury — Negligence — Duty of care owed to prisoner passengers — Goods vehicle conveying persons without adaptation — Statutory breaches (insurance, fitness certificate) — Causation and need for medical evidence — Contributory negligence considered.
|
23 May 2019 |
|
Prisoner passenger owed duty of care, but insufficient proof of driver negligence and causation; claim dismissed.
Tort — negligence — duty of care of prison authorities to prisoner-passenger; authorization to be carried; evidential burden on breach and causation; statutory breaches (carrying passengers in goods vehicle; insurance; certificate of fitness) noted but not shown to establish negligence; failure to tender medical evidence defeats causation.
|
23 May 2019 |
|
Claimant awarded conversion and nominal loss-of-use damages where market and usage evidence were insufficient.
Conversion of chattel – delivery to purchaser before full payment – measure of damages for non-runner vehicle – replacement market value where repair cost not applicable – loss of use claims require proof of period and purpose of use – mitigation of loss.
|
23 May 2019 |
|
Claimant proved accident-related injuries and was awarded K2,700,000 for pain, suffering, disfigurement and loss of amenities.
Personal injury — proof of injuries; default judgment — liability settled; assessment of general damages — pain and suffering, disfigurement, loss of amenities; special damages and loss of earning capacity — proof required; quantum — comparative approach.
|
23 May 2019 |
|
Divorce granted for cruelty where respondent abandoned the matrimonial home and no collusion was found.
Family law – Divorce – Cruelty as ground for divorce – abandonment/denial of conjugal rights – requirement of intentional conduct making cohabitation impossible; Collusion inquiry under Divorce Act s7; Ancillary reliefs must be particularized to be granted; Costs – each party to pay own.
|
23 May 2019 |
|
Internal administrative misplacement of served process does not justify setting aside a default judgment.
Civil procedure – Setting aside default judgment – Order 12 r.21 – Requirement of reasonable cause for failure to defend – Need to show meritorious defence with real prospects – Internal administrative loss of process not sufficient – Procedural justice integral to substantive justice.
|
20 May 2019 |
|
Appeal dismissed: maintenance directive upheld as order, customary-house claim unproven, and property-distribution issue prematurely raised.
Family law – maintenance orders – statement that respondent "should continue supporting the child" constitutes maintenance order; specifics require factual inquiry at first instance; Customary law – obligations under matrilineal custom must be proved in trial court and cannot be raised afresh on appeal; Civil procedure – appellate court will not adjudicate issues not determined by lower court.
|
20 May 2019 |
|
|
17 May 2019 |
|
|
16 May 2019 |
|
|
15 May 2019 |
|
|
13 May 2019 |
|
Interlocutory injunction vacated where claimant failed to file for continuation and did not prosecute the scheduled hearing.
Civil procedure – interlocutory injunction – continuation hearing – failure to file application for continuation – vacatur of injunction without notice.
|
13 May 2019 |
|
|
13 May 2019 |
|
|
10 May 2019 |
|
Judge recused after defence sought to lead evidence implicating the judge's close relative; file transferred for reassignment.
Judicial recusal – perceived bias and impartiality – familial relationship of judge to person implicated in evidence – defence conduct and late amendments to witness statements – expungement of evidence and limits on media reporting – transfer of file for reassignment.
|
10 May 2019 |
|
Court awarded K5.3m to the claimant for serious wrist fractures, pain, disfigurement and loss of amenities.
Personal injury — Assessment of damages — Open fracture of distal radius and ulna — Pain and suffering and disfigurement — Loss of amenities — Quantum — Permanent incapacity assessed at 25% — Costs for reports not proved.
|
8 May 2019 |
|
|
8 May 2019 |
|
|
7 May 2019 |
|
Assessment of damages for injuries from negligent driving, including general damages, disfigurement, special damages and costs.
Motor vehicle negligence; assessment of damages; pain and suffering; loss of amenities; disfigurement; special damages (police and medical reports); consent judgment on liability; absent defendants.
|
4 May 2019 |
|
|
3 May 2019 |
|
A Third Grade Magistrate lacked jurisdiction to determine child custody; custody must be decided by a child justice court.
Child Care, Protection and Justice Act – custody jurisdiction – child justice courts; Jurisdiction of subordinate courts – supervisory review (s.26 Courts Act); Procedural requirements – designation of child justice courts; Presence of probation officer; Order set aside for want of jurisdiction; Referral to child justice court.
|
3 May 2019 |
|
|
3 May 2019 |
|
|
3 May 2019 |
|
|
2 May 2019 |
|
|
2 May 2019 |
|
|
2 May 2019 |