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Citation
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Judgment date
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| December 1987 |
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Claim for unpaid interest on a bill of exchange dismissed—defendant had paid in full and plaintiff's claims were inconsistent.
Bills of exchange — endorsement on triplicate copy possibly inserted after acceptance; payment in full and final settlement; inconsistent multiple claims undermining creditor's credibility.
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17 December 1987 |
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10 December 1987 |
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Court held ex parte interim stay lawful where urgency and risk of irreparable harm justified departure from Order 47 requirements.
Civil procedure — Interlocutory relief — Ex parte stay of execution — Order 47 Rule 1 procedural requirements — Urgency and irreparable harm may justify ex parte relief despite non‑compliance with usual service rules.
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10 December 1987 |
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A garage may retain and retake a vehicle for unpaid repairs; no conversion shown and counterclaim succeeded.
Conversion — possessory lien — garage's right to retain chattel for unpaid repairs; release induced by plaintiff's representation — right to retake; advertisement not proved to be sale; counterclaim for repair charges established.
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8 December 1987 |
| November 1987 |
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Divorce granted where respondent’s adultery (evidenced by a child) and physical cruelty were proven; applicant awarded custody and costs.
Divorce — adultery — proof: birth of child as evidence of intercourse; Cruelty — physical assault and medical treatment; Undefended petition — consideration of collusion; Decree nisi granted; Custody and costs awarded to applicant.
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30 November 1987 |
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20 November 1987 |
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20 November 1987 |
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Overtaking driver and employer liable; plaintiff awarded K4,500; motorcycle damage not proved.
Road traffic — Overtaking duty and negligence; vicarious liability of employer; proof of special damages for vehicle loss; assessment of general damages for permanent partial incapacity.
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16 November 1987 |
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Applicant recovered K6,500 paid to respondent for an undelivered maize mill following failure of consideration.
Contract – oral agreement to purchase goods – money had and received – failure of consideration – judgment in default of defendant’s attendance; evidence: paid cheque.
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16 November 1987 |
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Petitioner failed to prove respondent's adultery; cross-petition dismissed for non-service; petitioner ordered to pay costs.
Family law — Divorce — Proof of adultery — Credibility of witnesses — Procedural requirements for service under Rule 17(3) Matrimonial Causes Rules 1950 — Dismissal for non-service; costs awarded against unsuccessful petitioner.
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11 November 1987 |
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An amendment adding a new cause of action was refused because it did not arise from the same or substantially the same facts.
Civil procedure – Amendment of pleadings – Addition or substitution of new cause of action – Order 20 rule 5 – New cause must arise from same or substantially same facts – Burden on applicant to show identity of facts – Amendment not automatic.
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6 November 1987 |
| October 1987 |
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Court entered judgment for unpaid vehicle price after plaintiff proved indebtedness and trial proceeded in defendant's absence.
Sale of goods – unpaid purchase price – evidence of deposit receipt, invoice and ledger – trial and judgment in defendant’s absence (Order 35 r.2) – proof on balance of probabilities.
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30 October 1987 |
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Applicant awarded K4,450 for unpaid vehicle purchase following respondent's default and trial in absence.
Contract for sale of goods – unpaid purchase price – proof of debt by receipt, invoice and ledger – trial in absence/default under Order 35 r.2 – judgment for creditor.
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30 October 1987 |
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21 October 1987 |
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Decree nisi granted for divorce on proven desertion; petitioner awarded custody of children and costs.
Family law – Divorce – Desertion – Proof of factum of separation and animus deserendi – Jurisdiction – Custody and costs ordered.
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2 October 1987 |
| September 1987 |
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Whether employer lawfully terminated employment for misconduct and entitlements to notice, leave pay and pension.
Employment law – Dismissal for misconduct – Sufficiency of misconduct to justify dismissal; contractual termination with payment in lieu of notice – Entitlement to notice pay and accrued leave; pension scheme entitlements under Rule 7(a) and 7(b); travel expense accounting and discretionary bonus.
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14 September 1987 |
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Failure to erect warnings for loose stones during roadworks makes the highway authority vicariously liable for motorists’ injuries.
Tort — Negligence — Highway authority’s duty of care in roadworks — Liability for leaving loose stones on road surface — Failure to erect warnings — Vicarious liability of employer for servants’ omissions — Contributory negligence (insufficient evidence of speeding).
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14 September 1987 |
| August 1987 |
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21 August 1987 |
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Claim for unpaid lime deliveries and vehicle exchange succeeded; limitation defence rejected and defendant’s counter-claim dismissed.
Contract — sale/exchange of goods — delivery of lime in satisfaction of vehicle purchase; admissibility and probative value of company books and employee-signed documents; limitation defence under Limitation Act (six years); counter-claim for advances; witness credibility.
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21 August 1987 |
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Default judgment granted for unpaid salary and house rent after defendant evaded service and solicitors withdrew.
Employment law – unpaid salary and housing allowance; default/unenforced appearance – defendant evading service; withdrawal of counsel; judgment entered in default for claimed amounts.
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21 August 1987 |
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12 August 1987 |
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An involuntary bailee who reasonably advertises removal of an abandoned vehicle is not liable absent gross negligence.
Civil law — Bailment — Involuntary bailee — Liability only for gross negligence or deliberate injury; Contract formation — burden to prove delivery and receipt of parts; Business names/registration — party sued in own right versus trading name; Conversion — must be pleaded and proved.
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12 August 1987 |
| July 1987 |
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30 July 1987 |
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30 July 1987 |
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Mechanic who removed a client's mill for repair and failed to return it held liable for its K3,500 value.
Tort—detention/conversion of goods delivered for repair; proof on balance of probabilities; credibility of documentary evidence; valuation of second-hand machinery for damages.
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22 July 1987 |
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Employer lawfully dismissed employee for taking employer property; toolbox claim lacked evidence and also failed.
Employment law – wrongful dismissal – theft of employer's property – misconduct – circumstantial and testimonial evidence – weight of written statement – burden on balance of probabilities; claim for employee's toolbox – insufficient evidence of retention by employer.
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22 July 1987 |
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22 July 1987 |
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Decree nisi granted where petitioner proved cruelty causing serious injuries; custody and maintenance adjourned.
Family law – Divorce – Cruelty – Standard of proof higher than ordinary civil standard – Cruelty requires injury or reasonable apprehension of injury – Medical evidence supporting allegations of assault – Decree nisi granted – Custody and maintenance adjourned.
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13 July 1987 |
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Whether the respondent’s violent conduct (assaults and forced removal) constituted cruelty justifying dissolution of the marriage.
Family law – Divorce – Cruelty – Physical assault and forced removal at night constitute cruelty; standard of proof higher than balance of probabilities; condonation and provocation defences rejected – Decree nisi and costs awarded – Existing custody order to be addressed separately.
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2 July 1987 |
| June 1987 |
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18 June 1987 |
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Payment of party-and-party costs does not bar taxation of a solicitor-and-own-client bill; tax on Subordinate Court scale.
Solicitor-and-own-client taxation; distinction from party-and-party costs; prior payment of party-and-party costs does not bar solicitor-and-own-client taxation; appropriate tariff scale — Subordinate Court scale.
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9 June 1987 |
| May 1987 |
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Claims for false imprisonment and malicious prosecution failed; plaintiff awarded K661.00 in salary arrears and costs allocated by payment into court.
Employment law – suspension and pay entitlements under conditions of service; Criminal torts – false imprisonment and malicious prosecution – requirement that defendant procured or preferred a charge; Prosecution defined as charge before judicial officer; proof required on balance of probabilities; Costs where payment into court.
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29 May 1987 |
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29 May 1987 |
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Court awarded plaintiffs for proven sales and expenses but denied 25% interest claim and several unproven items; costs reserved.
Contract and commercial law – sale of goods and goods sold and delivered – proof by invoices, bills of entry and telex; recovery of specific proven sums; pre‑incorporation expenses – contribution by promoters; corporate personality – company separate from promoters; interest on ordinary debt – requires express agreement or mercantile usage.
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25 May 1987 |
| April 1987 |
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29 April 1987 |
| March 1987 |
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26 March 1987 |
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12 March 1987 |
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6 March 1987 |
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Winding-up ordered for inability to pay after statutory demand; receiver appointed liquidator under s.223.
Companies Act 1984 – winding up for inability to pay debts – statutory demand and notice requirements (s.213) – affidavits sufficient where no opposition – appointment of receiver as liquidator (s.223).
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6 March 1987 |
| January 1987 |
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Buyer awarded lost profits for seller's non-delivery and a declaration indemnifying buyer against sub-buyer claims.
Sale of Goods Act – wrongful non-delivery – measure of damages: loss directly and naturally resulting (loss of profit) – buyer’s entitlement to indemnity for liability to sub-buyers – proceed in defendant’s absence where defendant cannot be located.
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28 January 1987 |
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Court orders a single bill of costs for interwoven claims and directs Order 80 investment and limited disbursements for infant's award.
Civil procedure — costs where multiple plaintiffs (including an infant) join one action — exercise of discretion under s.31(2) Courts Act; Trust funds for persons under disability — application of Order 80, Rules of the Supreme Court — investment and limited periodic payments.
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27 January 1987 |
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16 January 1987 |
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16 January 1987 |