Results.
69 judgments found.
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| May 2023 |
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Overtime claims require employee proof; unreasoned lump-sum awards for unfair dismissal must be set aside and reviewed.
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Labour law — Unfair dismissal — Procedural fairness v substantive reason — Compensation assessment — Burden of proof for overtime on employee — Registrar/Assistant Registrar jurisdiction — Review under Rule 5A — Mitigation and contributory fault — Severance pay computation.
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5 May 2023 |
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Court held interdiction and prosecution null where suspension power rests with the President and Director enjoys statutory immunity absent alleged bad faith.
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Administrative/constitutional law — judicial review of government action — permission to apply ex parte constitutes the review application; where no defence is filed claimant may seek scheduling conference or ask Court to end proceedings early — exception to mootness for decisions capable of repetition yet evading review — public officer immunity under Corrupt Practices Act (section 22) requires allegation/establishment of bad faith before proceedings — suspension/interdiction power of Director vested in President (section 6(3)).
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5 May 2023 |
| April 2023 |
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Registrar found ambiguity in Order 13(6)(2) on restoring struck-out defences and referred the issue to the Judge.
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Civil procedure — mediation — Order 13(6): striking out defence vs dismissal of claim; scope of restoration under Rule 6(2); Registrar’s powers under Order 25; referral to Judge for authoritative determination.
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19 April 2023 |
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Experienced employee’s failure to take available precautions defeated negligence and statutory duty claims against the employer.
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Employer's duty of care; employee’s duty to take reasonable care; Occupational Safety, Health and Welfare Act (ss.13,18,58,65); contributory/sole negligence; res ipsa loquitur.
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5 April 2023 |
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An experienced worker’s failure to take available precautions defeated his claim of employer negligence and statutory breach.
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Personal injury — employer’s duty under Occupational Safety, Health and Welfare Act — alleged breach of statutory duty — contributory negligence by experienced employee — causation and failure to prove employer negligence.
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5 April 2023 |
| 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 |
| February 2023 |
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Continuation of an interim injunction pending judicial review of alleged unlawful and abusive tax enforcement by the revenue authority.
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Judicial review — tax enforcement — interim injunction — serious question to be tried — adequacy of damages — balance of convenience — unclean hands — status quo ante.
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21 February 2023 |
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A statutory Law Society may seek judicial review of public‑law decisions affecting the Anti‑Corruption Bureau; review is not barred by section 61 Courts Act.
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Judicial review — jurisdiction to review magistrates' decisions — section 61 Courts Act distinction between suits and judicial review — locus standi of statutory Law Society to protect public interest — alternative remedies and exhaustion — interdiction as public law vs. private employment matter — ex parte stay applications and urgency.
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8 February 2023 |
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Claimant failed to exhaust the statutory appeal under section 121 and missed the three-month filing deadline, so judicial review was dismissed.
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Administrative law — Judicial review barred where alternative remedy available under s121 Customs and Excise Act; Special Referee’s jurisdiction covers disputes as to amount of duty (including formula issues) — Requirement to exhaust statutory appeal — Time limit for judicial review (3 months) — Post-decision discussions do not extend limitation period.
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6 February 2023 |
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Stay of execution denied where applicant failed to prove respondent’s impecuniosity and appeal prospects were not decisive.
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Civil procedure — Stay of execution pending appeal — Discretionary relief — Prospects of success on appeal not decisive — Applicant must prove respondent’s impecuniosity — Balance of injustice test.
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1 February 2023 |
| January 2023 |
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Ex parte injunction discharged where borrower defaulted, misrepresented title/service and bank lawfully pursued sale under statutory remedies.
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Interlocutory injunction — discharge of ex parte injunction; American Cyanamid principles; Registered Land Act ss.68 & 71; service of statutory demand; misrepresentation and bad faith; adequacy of damages; balance of convenience.
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24 January 2023 |
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The court found the insurer liable where the insured driver's road obstruction breached the duty of care and caused the collision.
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Motor vehicle negligence — obstruction of road — duty of care of drivers — causation and burden of proof — insurer liability — assessment of damages.
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13 January 2023 |
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A road obstruction by an insured driver was negligent, rendering the defendant insurer liable and damages to be assessed.
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Negligence — obstruction of road by driver — duty of care of road users — foreseeability and causation — insurer vicarious/liability — burden of proof on balance of probabilities.
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13 January 2023 |
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12 January 2023 |
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Assessment of damages for property and business losses caused by negligent electricity supply, including replacement costs and lost profits.
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Negligence — assessment of damages for destruction of property and business by electrical fire; replacement value and contractor quotations; proof of special damages; conversion of sales to profit (30% margin); general damages for inconvenience.
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12 January 2023 |