Results.
222 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 |
| 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 |