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Citation
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Judgment date
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| December 2012 |
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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.
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19 December 2012 |
| November 2012 |
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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.
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27 November 2012 |
| September 2012 |
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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.
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14 September 2012 |
| August 2012 |
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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.
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31 August 2012 |
| January 2012 |
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24 January 2012 |
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24 January 2012 |