Results.
5 judgments found.
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| March 2023 |
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The applicants recovered damages only for false imprisonment; unpleaded and unproven heads were dismissed, award K1.5M each.
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Constitutional/Delict — False imprisonment — Assessment of damages limited to pleaded relief — Evidential burden for special damages — Duration (20 hours) and circumstances relevant to quantum — Award K1,500,000 per claimant — Costs to be agreed or taxed.
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28 March 2023 |
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Whether reliance on a Ministerial Budget Statement to calculate excise tax is lawfully reviewable and whether a Special Referee appeal was available.
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Judicial review — Amenability where lawfulness/illegality alleged — Ministerial Budget Statement as basis for excise tax; legitimate expectation; alternative remedy — Special Referee jurisdiction under s121 Customs and Excise Act; interim injunction — adequacy of damages.
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22 March 2023 |
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Aggravating factors (premeditation, abuse of trust, pregnancy, HIV risk) outweighed mitigation; long concurrent custodial sentences imposed.
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Criminal law — Sentencing for sexual offences — Defilement, rape and indecent practices — Abuse of trust, premeditation, victim pregnancy and miscarriage, HIV risk — First offender status and age not determinative — Concurrent long custodial sentences.
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8 March 2023 |
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Court imposed a lengthy custodial sentence for defilement, rape and indecent practices due to premeditation, abuse of trust and serious victim harm.
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Criminal law — Sentencing — Defilement, rape and indecent practices in presence of a child — Aggravating factors: premeditation, abuse of trust, victim pregnancy and miscarriage, HIV‑positive assailant, sexual act in presence of a child — Upward sentencing trend for sexual offences — Custodial sentence imposed (concurrent terms).
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8 March 2023 |
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Court set aside a default judgment to determine contested estate issues on the merits; claimant ordered to pay costs.
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Civil procedure — setting aside default judgment — service and content of summons (Order 5) — default judgment provisions (Order 12 r6 & r21) — reasonable cause and meritorious defence — discretion in interests of justice — deceased estates (Deceased Estate (Wills, Inheritance and Protection) Act ss.17,187).
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6 March 2023 |