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Citation
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Judgment date
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| December 1991 |
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19 December 1991 |
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Plaintiff suffered severe leg injuries; court required age in pleadings, awarded K2,000 for loss of earning capacity, and noted substantial non‑pecuniary loss.
Personal injury — assessment of damages — non‑pecuniary damages (pain and suffering, loss of amenities) — loss of earning capacity — omission of plaintiff’s age in pleadings — use of local comparable awards and multiplier/multiplicand approach.
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2 December 1991 |
| November 1991 |
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Whether an employer may bind an employee to amended superannuation rules or whether a later non‑pensionable contract abrogates earlier pension rights.
Employment law – Superannuation scheme – Power to amend scheme rules – Members bound by duly amended rules; Contract law – Variation and replacement of contracts – Fixed‑term contract abrogating earlier pensionable contract; Claim for pension shortfall and employer contributions.
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18 November 1991 |
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Whether the defendant’s driver negligently crossed into the plaintiff’s lane, causing the collision and vicarious liability, and appropriate damages.
Road traffic negligence – duty of care to other road users – determination of fault in opposite-direction collisions – evaluation of witness credibility and circumstantial evidence – vicarious liability of employer for driver – strict proof required for special damages – assessment of general damages for permanent disablement.
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14 November 1991 |
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A creditor’s petition proved the company’s inability to pay debts; court ordered winding up and appointed the Administrator General as liquidator.
Companies Act s.213(3) — Creditor’s winding-up petition — inability to pay debts — service and publication of petition — appointment of Administrator General as liquidator and official receiver.
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11 November 1991 |
| October 1991 |
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Plaintiff failed to prove ownership of church; unreliable documents and contradictions led to dismissal with costs.
Property — church ownership — evidential burden of proof; documentary reliability — cheques and altered invoices; licence to occupy — oral licence not proved; even payment by individual does not necessarily confer ownership on individual where building serves church.
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23 October 1991 |
| September 1991 |
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Res judicata and limitation provisions bar recovery and damage claims; resignation not shown to be dismissal; action dismissed with costs.
Res judicata – prior High Court order on sale of mortgaged house; Limitation Act s.4(a) – six-year bar on actions; resignation under pressure vs dismissal; detention lawfulness; failure to substantiate heads of damage; plaintiff failed to make out case requiring defence to answer.
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12 September 1991 |
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11 September 1991 |
| August 1991 |
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28 August 1991 |
| July 1991 |
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Driver on wrong side caused fatal collision; plaintiff not contributorily negligent; damages awarded K38,953 plus costs.
Motor vehicle collision — negligence — driving on wrong side of road — contributory negligence — sudden emergency doctrine — assessment of special and general damages including repatriation costs and valuation of destroyed vehicle.
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23 July 1991 |
| June 1991 |
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An exclusive English forum-selection clause covers claims arising from contract performance, so the local stay was upheld.
:[
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5 June 1991 |
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A party cannot obtain judgment under Order 27 Rule 3 from ambiguous third‑party letters absent clear admissions by the defendant.
Civil procedure – Order 27, Rule 3 – judgment on admissions – admissions must be clear and made by a party – third‑party statements require proof of authority or ratification – contested factual issues warrant full trial.
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4 June 1991 |
| March 1991 |
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28 March 1991 |
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Court set aside family grant and appointed Administrator General due to applicant's partiality and need for impartial administration.
Probate/Administration — Letters of administration — suitability and impartiality of proposed administrators — caveat and setting aside prior grant — appointment of Administrator General — protection of estate funds.
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15 March 1991 |
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Default judgment set aside where writ's monetary claim was not repeated in the statement of claim and declaration lacked basis.
Civil procedure – Default judgment – where amount indorsed on writ is not repeated in statement of claim it is abandoned; declaratory relief not in writ cannot sustain default judgment; mixed claims and procedural requirements (Order 13 Rule 6; proceed by summons/motion if no defence).
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1 March 1991 |
| February 1991 |
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Default judgment entered before expiry of service period was irregular and was set aside.
Civil procedure — Service of writ — Personal versus postal service — Order 10 rules — Affidavit of service on company — Companies Act s.137 — Notice of intention to defend — Irregular default judgment — Set aside ex debito justitiae.
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19 February 1991 |
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18 February 1991 |
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5 February 1991 |
| January 1991 |
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A bona fide counterclaim arising from the same subject matter requires unconditional leave to defend; triable issues vitiating a bill of sale were identified.
Civil procedure – Order 14, Rule 5 – Summary judgment on counterclaim – Principles applied mutatis mutandis – Bona fide counterclaim arising from same subject matter warrants unconditional leave to defend – Bill of sale may be vitiated where used to secure sale price or where consideration not truly stated.
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27 January 1991 |
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Summary judgment inappropriate where substantial disputes exist about whether the defendant was the contracting party; unconditional leave to defend granted.
Civil procedure – summary judgment (Order 14) – bona fide defence and substantial disputes of fact or law preclude summary disposal; identity of contracting party; evidentiary proof of foreign company’s existence/non‑existence.
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18 January 1991 |
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Whether the applicant should obtain an interlocutory injunction to restrain the respondent's use of a similar trade mark.
Trade marks – infringement – use of similar name "Freezits"; Interlocutory injunction – good arguable claim/serious question to be tried; Court should not decide merits on affidavits; Balance of convenience – risk of irreparable harm; Undertaking as to damages.
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14 January 1991 |