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Citation
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Judgment date
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| November 1994 |
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The plaintiff's false-imprisonment claim failed, but summary dismissal over minor shortages was unlawful and damages were awarded.
Employment law – Unlawful summary dismissal – minor shortages and small-value goods insufficient for summary dismissal; False imprisonment – liability depends on whether employer made a charge or merely provided information to police; Remedies – pay in lieu of notice, accrued leave, pension contributions, costs.
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3 November 1994 |
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Court compelled respondent to execute a prior share-sale order, ordered valuations and disclosures, and condemned respondent to costs.
Companies law – specific performance/compulsory compliance with prior judgment; valuation of company property and shares; disclosure of company financial records and tenant rents; effect of appeal on stay of execution; costs awarded.
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1 November 1994 |
| October 1994 |
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24 October 1994 |
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Court set aside Registrar’s refusal and ordered K10,000 security where plaintiff was foreign-based with no local assets, balancing merits and enforceability.
Civil procedure – security for costs – Order 23 – Discretionary nature of order – Residence abroad not per se ground for security – Considerations: plaintiff’s prospects of success and practicability of enforcing costs against foreign or asset-less plaintiff – Evidence required on ownership and material facts.
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14 October 1994 |
| August 1994 |
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No binding contract existed because the seller’s acceptance was conditional on receipt/approval of the buyer’s cheque/loan.
Contract law – offer and acceptance – conditional acceptance – completion of loan application forms not unconditional acceptance – no binding sale – sale to cash buyer lawful where seller reserved rights.
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26 August 1994 |
| May 1994 |
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The applicant recovered wasted expenditure and consequential rent loss where conduct formed a binding lease despite no formal contract.
Contract formation — conduct and correspondence can establish a binding agreement despite 'subject to contract'; repudiation — innocent party entitled to damages for wasted expenditure and consequential loss (reimbursement of materials, contractor fees, and increased rent).
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11 May 1994 |
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9 May 1994 |
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Plaintiff failed to prove the electricity supplier’s negligence or causation for the house fire; claim dismissed with costs.
Tort — Negligence — Liability of electricity supplier — Duty ends at metering point; circuit breaker maintenance consumer’s responsibility — Burden of proof and causation in fire loss claims.
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1 May 1994 |
| February 1994 |
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8 February 1994 |
| January 1994 |
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An applicant with unclean hands and contested facts cannot obtain an interlocutory mandatory injunction.
Interlocutory mandatory injunction — exceptional relief — unclean hands and fraud in procurement — contested facts on affidavit — prohibitory interlocutory injunction as adequate protection.
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27 January 1994 |
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Taxing master set expense rate, reduced allowances for missing supporting documentation, awarded reasonable hours, and disallowed bill-drawing charge.
Taxation of costs – application of Masters Practice Notes 1986 – requirement to lodge vouchers and attendance/time records – discretion to refuse or reduce allowances – setting of expense rate – quantification of care and conduct – disallowance of bill-drawing charge.
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21 January 1994 |
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Application to set aside default judgment dismissed: alleged instalment agreement lacked accord and consideration, no triable issue.
Civil procedure — setting aside default judgment — defendant's alleged agreement to accept instalments for existing debt — Foakes v Beer principle; need for accord, consideration or equitable estoppel (Hughes; D & C Builders v Rees).
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4 January 1994 |