Results.
31 judgments found.
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| May 2019 |
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Appellate court ordered retrial on property distribution, child maintenance and compensation due to lower court omissions.
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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.
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27 May 2019 |
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Court granted leave for judicial review of electoral actions but discharged the stay, allowing the Commission to complete processes under statutory time limits.
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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).
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27 May 2019 |
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Prisoner passenger owed duty of care but failed to prove driver negligence or causation due to lack of evidence.
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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.
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23 May 2019 |
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Prisoner passenger owed duty of care, but insufficient proof of driver negligence and causation; claim dismissed.
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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.
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23 May 2019 |
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Claimant awarded conversion and nominal loss-of-use damages where market and usage evidence were insufficient.
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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.
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23 May 2019 |
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Claimant proved accident-related injuries and was awarded K2,700,000 for pain, suffering, disfigurement and loss of amenities.
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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.
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23 May 2019 |
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Divorce granted for cruelty where respondent abandoned the matrimonial home and no collusion was found.
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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.
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23 May 2019 |
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Internal administrative misplacement of served process does not justify setting aside a default judgment.
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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.
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20 May 2019 |
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Appeal dismissed: maintenance directive upheld as order, customary-house claim unproven, and property-distribution issue prematurely raised.
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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.
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20 May 2019 |
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17 May 2019 |
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16 May 2019 |
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15 May 2019 |
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Unfair dismissal compensation should include future loss to mandatory retirement absent employer proof of mitigation.
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Employment Law
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Unfair Dismissal — Assessment of compensation for future loss and pre-judgment/post-judgment earnings — Employment Act s63(4)
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Mitigation of loss — Onus on employer to prove reasonable opportunity for alternative employment
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13 May 2019 |
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13 May 2019 |
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Interlocutory injunction vacated where claimant failed to file for continuation and did not prosecute the scheduled hearing.
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Civil procedure — interlocutory injunction — continuation hearing — failure to file application for continuation — vacatur of injunction without notice.
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13 May 2019 |
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13 May 2019 |
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10 May 2019 |
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Judge recused after defence sought to lead evidence implicating the judge's close relative; file transferred for reassignment.
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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.
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10 May 2019 |
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Court awarded K5.3m to the claimant for serious wrist fractures, pain, disfigurement and loss of amenities.
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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.
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8 May 2019 |
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8 May 2019 |
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7 May 2019 |
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6 May 2019 |
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6 May 2019 |
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Assessment of damages for injuries from negligent driving, including general damages, disfigurement, special damages and costs.
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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.
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4 May 2019 |
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3 May 2019 |
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A Third Grade Magistrate lacked jurisdiction to determine child custody; custody must be decided by a child justice court.
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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.
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3 May 2019 |
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3 May 2019 |
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3 May 2019 |
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2 May 2019 |
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2 May 2019 |
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2 May 2019 |