Results.
19 judgments found.
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| December 2004 |
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Respondent not liable where applicant voluntarily operated dangerous machinery contrary to warnings and assignment.
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Negligence — duty of care — foreseeability of harm — breach — safety signage and established safe practice — unauthorized deviation from assigned task — claimant's sole/primary fault.
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31 December 2004 |
| October 2004 |
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Plaintiff failed to prove employer negligence and relied on unpleaded allegations; claim dismissed with costs.
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Employer liability — negligence alleged for failure to repair machine, provide safer methods or protective measures; variance between pleadings and evidence; court will not decide on unpleaded issues; causation and operator conduct in machinery accidents.
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22 October 2004 |
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18 October 2004 |
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Court allowed defective affidavit, found no willful default on discovery, and declined to strike out the defence with costs to plaintiff.
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Civil procedure — Specific discovery — Discovery of documents evidencing remittance of funds — Admissibility of defective supporting affidavit (power of attorney not exhibited) — Court’s discretion to admit affidavit — Interlocutory inquiry limited to whether produced documents fall within ordered class — Disputed factual issues to be resolved at trial — No willful default; application to strike out defence dismissed.
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6 October 2004 |
| August 2004 |
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31 August 2004 |
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The plaintiff is entitled to compound interest at 1% above bank rate on the unpaid judgment balance from February 2004.
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Judgment interest — instalment agreements as waiver of immediate payment — entitlement to compound interest at 1% above bank lending rate (Zgambo v KFCTA) — interest period from default of instalments.
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27 August 2004 |
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Default judgment set aside where defendant’s affidavit and proposed defence showed a prima facie real prospect of success.
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Civil procedure — Default judgment — Order 19 r.9 — Setting aside regularly entered default judgment requires affidavit evidence of a defence on the merits with a real prospect of success; contractual compliance as prima facie defence to wrongful termination; constitutional and ILO challenges reserved for trial.
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27 August 2004 |
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A defendant who satisfies a default judgment cannot later set it aside to avoid sheriff fees.
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Civil procedure — default judgment — attenuated statement of claim — sufficiency of particulars where defendant knows details — Order 6 r 2(1) Rules of Supreme Court; setting aside judgment — effect of satisfaction of judgment; approbation and reprobation; liability for sheriff fees and costs.
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26 August 2004 |
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Action struck out because the plaintiff’s counsel lacked a practising licence; counsel ordered to pay costs.
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Civil procedure — striking out proceedings commenced by an unlicensed legal practitioner — uncontested application — undertaking to discontinue — solicitor to bear costs to be taxed.
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26 August 2004 |
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Dismissal for alleged corruption without disciplinary hearing breached the Employment Act and contractual natural justice; compensation and costs awarded.
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Employment law — unfair dismissal — burden on employer to justify dismissal — natural justice — requirement to issue disciplinary memorandum and afford hearing — procedural bias — compensation as remedy.
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26 August 2004 |
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The plaintiff was unfairly dismissed where redundancy was not genuine; awarded unpaid terminal benefits only.
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Employment law — Unfair dismissal — Redundancy must be genuine — Burden on employer to prove reason for dismissal — Remedies: compensation for unpaid terminal benefits — Interest discretionary — Collection charges awarded.
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18 August 2004 |
| July 2004 |
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Where a consent order is silent on default, execution is limited to the instalment in default; full-judgment execution is irregular.
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Execution — Seizure — writ of fieri facias — instalment orders — Section 7 Sheriff's Act — irregular execution for whole judgment where only one instalment defaulted — reimbursement of sheriff's fees — costs to defendant.
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29 July 2004 |
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A consent judgment can only be challenged by a fresh action; filing an originating motion within the same cause was improper.
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Civil procedure — Consent judgment finality — Setting aside consent judgment requires a fresh action — Distinction between originating process commencing an action and a motion within an existing cause — Importance of correct party designation and new cause number.
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21 July 2004 |
| May 2004 |
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Defilement conviction upheld on one count; child testimony and nurse's medical report accepted; four-year sentence confirmed with delayed commencement adjustment.
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Criminal law — Defilement — Child complainants' evidence and corroboration; admissibility of medical reports by nurses/midwives; appellate review of credibility findings; sentence review; effect of delayed judgment.
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14 May 2004 |
| March 2004 |
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Application for expedited election hearing adjourned for failure to effect adequate service; presidential immunity to be argued next.
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Constitutional/election petition — service requirements for inter partes hearing — substituted service — adequacy of service — preliminary objection of presidential immunity — adjournment — costs in the cause.
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27 March 2004 |
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Adjournment for proper service; important issue of presidential immunity reserved for full argument.
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Constitutional law; election petitions under s100 Parliamentary and Presidential Elections Act; service of process; interlocutory procedure; presidential immunity from suit; expedited hearing requirements.
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27 March 2004 |
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An action on dishonoured cheques succeeds despite a resale-condition defence; seized items must be returned and costs awarded to the plaintiff.
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Negotiable instruments — Dishonoured cheques — Right of action accrues upon dishonour and notice; Defence of conditional payment (resale) not available in action on cheque; Counterclaim dismissed for no evidence; Return of seized property ordered; Costs to defendant.
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1 March 2004 |
| February 2004 |
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Summary judgment granted where plaintiff proved unpaid invoices and the defendant failed to establish a bona fide defence.
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Civil procedure — Summary judgment (Order 14 r 1) — proof by invoices and purchase orders — defendant’s denial without affidavit — no bona fide defence — interest and costs awarded.
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27 February 2004 |
| January 2004 |
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Stay refused; summary judgment granted for repayment where defendant offered only unsupported stay application and a bare general denial.
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Civil procedure — Summary judgment — Defendant’s general denial treated as sham under Order 7(16); summary judgment granted. Civil/criminal interface — Stay refused where no evidence of overlapping complainants, no chargesheet produced, and civil relief (repayment) lies outside magistrate jurisdiction
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Costs — party-and-party only; no collection or contingency counsel fees
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24 January 2004 |