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Citation
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Judgment date
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| September 2009 |
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Writ limits claims to general damages; lender breached by failing to disburse full loan, plaintiff awarded general damages net K56,370.
Contract law – loan agreement – disbursement in installments – reasonable time for full disbursement; pleadings – Writ limits recovery; special damages inconsistent with amended Writ fall away; retention of security documents – no implied term to release where lender breached; counterclaim for repayment of partial advance dismissed.
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25 September 2009 |
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Silence after contractual probation can amount to tacit confirmation; employer cannot unilaterally vary terms or demote without consent.
Employment law – probation and confirmation – tacit confirmation where employer silent after contractual probation; employer cannot unilaterally extend probation or vary contract terms – right to be heard and fair labour practices (Constitution ss31, 43) – entitlement to post-probation benefits.
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11 September 2009 |
| August 2009 |
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13 August 2009 |
| May 2009 |
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Court dismissed the divorce petition for want of prosecution due to inordinate delay and lack of proof of service; interlocutory applications dismissed too.
Family law – Divorce – Delay and want of prosecution – Validity and service of originating petition – Interlocutory applications dependent on main action – Transfer to Magistrates’ Court; jurisdictional limits (s.39(2)(e) Courts Act) – Dismissal includes ancillary applications – Costs: each party to bear own costs.
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6 May 2009 |
| March 2009 |
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Custody to the mother and failure to fulfill chikamwini duties justified awarding household effects and the three-door house to the plaintiff.
Matrimonial property — Division after dissolution — Award of household effects to custodian parent; chikamwini (matrilineal) customary obligation to build wife a house — failure to build affects division; sale of matrimonial chattels during pending proceedings.
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13 March 2009 |
| January 2009 |
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Court refused interim injunction and stay preventing the Electoral Commission enforcing revised nomination fees, leaving judicial review to proceed.
Electoral law – Power to fix nomination deposits – Judicial review and interlocutory injunction – American Cyanamid principles – Public interest in preserving electoral calendar – No statutory duty to consult.
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16 January 2009 |