Principal Registry - 2012

6 judgments
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Results. 6 judgments found.

6 judgments
December 2012
A Registrar lacked jurisdiction to assess damages after an injunction’s dissolution; the damages enquiry must be held by a judge in chambers.
  • Civil procedure — Injunctions — Dissolution of ex parte injunction for want of prosecution — Assessment/enquiry into damages — Jurisdiction of Master/Registrar — Order 32, rule 12 — enquiry to be made by a judge in chambers.
19 December 2012
November 2012
Court upheld respondent’s claim for K83,000 under an oral contract, disregarded hearsay evidence, and ordered immediate payment into court.
  • Contract law — oral contract for services — proof of contract sum and payments; Evidence — hearsay inadmissible where witness lacked direct knowledge; Credibility and arithmetic used to determine balance due; Order for immediate payment into court; Costs awarded to successful party.
27 November 2012
September 2012
Petitioner failed to prove corrupt influence, bribery, or that any irregularities affected the election result; petition dismissed.
  • Election law — s.114 Parliamentary and Presidential Elections Act — burden and standard of proof in election petitions; corrupt influence and bribery allegations; requirement of affidavits from affected voters or eyewitnesses; proof that irregularities affected result; discretionary costs.
14 September 2012
August 2012
Conviction quashed where prosecution failed to prove government ownership or possession by employment; accused convicted of uncharged offence.
  • Criminal law — Theft by public servant — proof of state ownership and possession by virtue of employment — hearsay evidence — conviction on offence other than charged — insufficiency of evidence — quashed convictions.
31 August 2012
January 2012
24 January 2012
24 January 2012