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Principal Registry - 1992 November

4 judgments
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4 judgments
November 1992
Andreya v Khuma Ways Agencies Limited (Civil Cause 929 of 1990) [1992] MWHC 40 (18 November 1992)
18 November 1992
Juma v Gani (Civil Case 154 of 1988) [1992] MWHC 55 (10 November 1992)
The plaintiff was unlawfully arrested by a private person as a 'hostage'; aggravated damages and costs were awarded.
  • Tort — False imprisonment — Arrest by private person — Reasonable grounds for arrest under section 33 Criminal Procedure and Evidence Code — Accessory after the fact — Aggravated damages — Police detention without formal complaint — Liability and costs.
10 November 1992
Casalee Cargo Limited v Attorney General (Civil Cause 403 of 1990) [1992] MWHC 46 (7 November 1992)
Section 8 limited to statutory-duty suits; judgment-creditor must issue Petition of Right certificate to the Treasury Secretary to seek satisfaction.
  • Civil Procedure (Suits by or against the Government) Act s8 — narrow application to decrees arising from statutory/public duties; Execution against Government — Courts Act s29 and Rules of the Supreme Court (Order 77 r15) prohibit warrants of execution; Petition of Right Act 1860 s13 — certificate procedure and service on Secretary to the Treasury for satisfaction of judgments against the Crown.
7 November 1992
Naphazi v Casalee Cargo Limited (Civil Cause 1025 of 1990) [1992] MWHC 41 (6 November 1992)
Plaintiff failed to prove wrongful detention, missing cartons, or paid bond charges; claim dismissed with costs.
  • Shipping and warehousing liability — wrongful detention and loss of imported goods — burden of proof on claimant; failure to produce buyer and receipts; missing goods while at Customs not attributable to warehouse operator.
6 November 1992