Results.
58 judgments found.
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| November 2021 |
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A trespass claim on leased land is not automatically a "commercial matter"; defendant failed to prove lack of jurisdiction.
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Jurisdiction — Commercial matter — Definition and scope under Courts Act; Trespass to land — Lease alone does not render dispute commercial; Onus of proof — Allegation of commercial significance must be supported by evidence; Commercial Division vs General Division — Proper forum determined by demonstrated commercial significance.
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5 November 2021 |
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Restoring an alleged-stolen vehicle on one day's notice and before trial was irregular; restoration and enforcement orders set aside.
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Criminal procedure — restoration/disposal of property — preservation of prospective exhibits — adequacy of notice for return dates — ownership disputes pending trial — enforcement orders against non-parties — magistrate court record-keeping and reassignment of proceedings.
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5 November 2021 |
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Whether customary land used for a school becomes public without formal acquisition and whether title moves with buildings.
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Customary land — conversion to public/institutional land requires Land Acquisition Act procedure; title on customary land may move with buildings (Kampaundi v Rev Sisco); boundary/beacon evidence; limitation not determined.
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3 November 2021 |
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Whether customary land became public without statutory acquisition and whether title to improvements moves with the land.
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Land law — customary land v public/institutional land — Land Acquisition Act compliance — title moves with property on customary land — encroachment — limitation not determined due to insufficient evidence.
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3 November 2021 |
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Claimant's suit and injunction seeking enforcement of a quashed boundary re‑demarcation were dismissed as frivolous and an abuse of process.
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Functus officio; abuse of process; interlocutory injunction; failure to disclose cause of action; boundary re‑demarcation quashed by prior judicial review.
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2 November 2021 |
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Claimant awarded K7,503,000 for spinal injuries, pain and loss of amenities; special damages only partially proved.
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Personal injury — Assessment of damages — Fracture and dislocation of cervical spine — Pain and suffering; loss of amenities; strict proof required for special damages (reports) — Comparable awards and currency devaluation considered — Award K7,503,000 plus costs.
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1 November 2021 |
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Assessment of party-and-party costs: court fixed reasonable hourly rates and taxed costs at K2,346,537.50.
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Costs assessment — party-and-party costs — reasonableness of items — retrospective application of updated hourly rate rules — hourly rate fixed at K30,000 — instruction fees and general care & conduct percentage.
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1 November 2021 |
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Interlocutory injunction refused where traders occupied road reserve, alternative markets provided and damages deemed adequate.
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Interlocutory injunction — road reserve occupation — temporary market allocation — adequacy of damages — alternative relocation offered — Public Roads Act considerations — balance of convenience.
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1 November 2021 |