Results.
5 judgments found.
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| April 1992 |
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Summary dismissal upheld for failure to report dishonoured cheques; conversion proved but only nominal damages; excess rentals awarded.
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Employment law — summary dismissal for misconduct — accountant’s duty to report and follow up dishonoured cheques; Conversion — sale of vehicle purchased with employer loan under duress; Mortgage/rental accounts — entitlement to excess rentals; Costs — allocation where plaintiff obtains nominal damages and partly successful claims.
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13 April 1992 |
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Court proceeded to judgment under Order 35/1 and awarded plaintiff K27,500 based on credible oral and documentary evidence.
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Civil procedure — failure to attend — Order 35 r.1 — proceeding to judgment; Evidence — witness credibility — missing written acknowledgement not fatal; Debt recovery — dishonoured post-dated cheques and part payments establish balance owing.
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10 April 1992 |
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Lender liable for wrongful seizure when its officer accompanied execution; legal practitioners not liable; defamation claim dismissed.
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Execution of process — Sheriff must act strictly in accordance with warrant — Wrongful seizure/trespass to goods — Creditor liable where its officer accompanies/supervises execution — Solicitor’s limited liability for execution assistance — Defamation: variance between pleaded and proved words, and absence of agency.
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10 April 1992 |
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2 April 1992 |
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Court held an oral renewal and awarded notice and leave pay; K2,500 ex gratia was not full settlement.
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Contract renewal — oral renewal and conduct evidence; entitlement to notice pay and leave pay; validity of purported termination notice; ex gratia payment versus full-and-final settlement; limitation under Local Government Act.
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2 April 1992 |