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Citation
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Judgment date
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| November 1999 |
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10 November 1999 |
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5 November 1999 |
| October 1999 |
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18 October 1999 |
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Assessment of damages for personal injury and special damages where defendant did not contest the assessment.
Personal injury — assessment of damages after default judgment; special damages require strict proof; quantum for pain and suffering and loss of earnings; effect of defendant's absence at assessment.
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18 October 1999 |
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14 October 1999 |
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14 October 1999 |
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4 October 1999 |
| September 1999 |
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24 September 1999 |
| August 1999 |
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30 August 1999 |
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30 August 1999 |
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19 August 1999 |
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Interlocutory injunction refused where plaintiff failed to show a good arguable case and damages were adequate.
Interlocutory injunctions — American Cyanamid principles — good arguable case and serious issue to be tried — adequacy of damages — preservation of status quo — clean hands.
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12 August 1999 |
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9 August 1999 |
| July 1999 |
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8 July 1999 |
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1 July 1999 |
| June 1999 |
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9 June 1999 |
| May 1999 |
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16 May 1999 |
| April 1999 |
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26 April 1999 |
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15 April 1999 |
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6 April 1999 |
| December 1998 |
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7 December 1998 |
| January 1998 |
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A company cannot enforce a pre‑incorporation sale agreement not adopted and lacking consideration; claim for specific performance dismissed.
Specific performance; pre-incorporation contract; adoption/ratification by company; Companies Act s20; lack of consideration; contract unenforceable.
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27 January 1998 |
| November 1997 |
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Voting without registration certificates is an irregularity, but proved instances did not justify annulling the by-election.
Electoral law — voting procedure — production of voter registration certificate — irregularity; statutory duties of Electoral Commission to investigate (s.113); annulment discretionary — materiality of irregularities to result (s.114, s.118).
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13 November 1997 |
| September 1997 |
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17 September 1997 |
| August 1997 |
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Plaintiff awarded K75,000 for 36 days' unlawful imprisonment; no punitive damages; defendants to pay costs.
Tort – False/unlawful imprisonment; assessment of general damages for detention; impact of currency devaluation on quantum; absence of evidence for punitive/aggravated damages; alternative pleading and absence of defence affecting apportionment of liability.
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14 August 1997 |
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Strike-out on Limitation Act grounds denied where neither party filed evidence on whether the claim was time-barred.
:[
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13 August 1997 |
| January 1997 |
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Assessment and apportionment of damages for assault, false imprisonment and malicious prosecution between party and State.
Torts – false imprisonment; assault and battery; malicious prosecution; vicarious liability of the State; apportionment of liability between independent tortfeasors; requirement to plead special damages for loss of employment/business.
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8 January 1997 |
| December 1996 |
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Whether eligible but unregistered voters may obtain interlocutory relief to halt a by-election until registration disputes are adjudicated.
Constitutional and electoral law – right to registration and to vote – interlocutory relief – application of American Cyanamid principles – adequacy of damages – balance of convenience in election disputes.
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9 December 1996 |
| November 1996 |
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20 November 1996 |
| February 1996 |
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Plaintiff entitled to recover taxed costs from a successful co‑defendant; K24,913.70 awarded.
Civil procedure — Costs — Taxed costs — Entitlement to recover taxed bill from a successful co-defendant — Authority: Bullock v London General Omnibus Co. (1907) KB 264.
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15 February 1996 |
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Assessment of personal injury damages, hearsay inadmissibility of medical reports, rejection of vehicle claim due to discharge.
Damages for personal injury – distinction between pecuniary and non-pecuniary losses – assessment by comparison and adjustment for local economic conditions; admissibility of medical reports – hearsay unless doctor called; proof required for special damages; discharge as bar to vehicle claim; interest and exemplary damages not recoverable.
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13 February 1996 |
| December 1995 |
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Whether prolonged detentions and threats tolled limitation; extorted payment recoverable and pension entitlements must be recalculated.
Limitation Act — extension by reason of fraud/concealment — scope of section 25; undue influence vs concealment; false imprisonment — prolonged arbitrary detention, neglect of medical needs; duress and money had and received; pension entitlement recalculation.
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5 December 1995 |
| July 1995 |
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20 July 1995 |
| February 1995 |
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Employer held vicariously liable for employee's misappropriation of funds received in course of employment.
Vicarious liability; ostensible authority; employee misappropriation of funds; receipt of monies in course of employment; employer liable for employee's fraudulent acts.
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20 February 1995 |
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13 February 1995 |
| November 1994 |
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The plaintiff's false-imprisonment claim failed, but summary dismissal over minor shortages was unlawful and damages were awarded.
Employment law – Unlawful summary dismissal – minor shortages and small-value goods insufficient for summary dismissal; False imprisonment – liability depends on whether employer made a charge or merely provided information to police; Remedies – pay in lieu of notice, accrued leave, pension contributions, costs.
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3 November 1994 |
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Court compelled respondent to execute a prior share-sale order, ordered valuations and disclosures, and condemned respondent to costs.
Companies law – specific performance/compulsory compliance with prior judgment; valuation of company property and shares; disclosure of company financial records and tenant rents; effect of appeal on stay of execution; costs awarded.
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1 November 1994 |
| October 1994 |
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24 October 1994 |
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Court set aside Registrar’s refusal and ordered K10,000 security where plaintiff was foreign-based with no local assets, balancing merits and enforceability.
Civil procedure – security for costs – Order 23 – Discretionary nature of order – Residence abroad not per se ground for security – Considerations: plaintiff’s prospects of success and practicability of enforcing costs against foreign or asset-less plaintiff – Evidence required on ownership and material facts.
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14 October 1994 |
| August 1994 |
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No binding contract existed because the seller’s acceptance was conditional on receipt/approval of the buyer’s cheque/loan.
Contract law – offer and acceptance – conditional acceptance – completion of loan application forms not unconditional acceptance – no binding sale – sale to cash buyer lawful where seller reserved rights.
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26 August 1994 |
| May 1994 |
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The applicant recovered wasted expenditure and consequential rent loss where conduct formed a binding lease despite no formal contract.
Contract formation — conduct and correspondence can establish a binding agreement despite 'subject to contract'; repudiation — innocent party entitled to damages for wasted expenditure and consequential loss (reimbursement of materials, contractor fees, and increased rent).
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11 May 1994 |
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9 May 1994 |
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Plaintiff failed to prove the electricity supplier’s negligence or causation for the house fire; claim dismissed with costs.
Tort — Negligence — Liability of electricity supplier — Duty ends at metering point; circuit breaker maintenance consumer’s responsibility — Burden of proof and causation in fire loss claims.
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1 May 1994 |
| February 1994 |
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8 February 1994 |
| January 1994 |
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An applicant with unclean hands and contested facts cannot obtain an interlocutory mandatory injunction.
Interlocutory mandatory injunction — exceptional relief — unclean hands and fraud in procurement — contested facts on affidavit — prohibitory interlocutory injunction as adequate protection.
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27 January 1994 |
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Taxing master set expense rate, reduced allowances for missing supporting documentation, awarded reasonable hours, and disallowed bill-drawing charge.
Taxation of costs – application of Masters Practice Notes 1986 – requirement to lodge vouchers and attendance/time records – discretion to refuse or reduce allowances – setting of expense rate – quantification of care and conduct – disallowance of bill-drawing charge.
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21 January 1994 |
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Application to set aside default judgment dismissed: alleged instalment agreement lacked accord and consideration, no triable issue.
Civil procedure — setting aside default judgment — defendant's alleged agreement to accept instalments for existing debt — Foakes v Beer principle; need for accord, consideration or equitable estoppel (Hughes; D & C Builders v Rees).
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4 January 1994 |
| December 1993 |
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Representative action cannot be used for separate individual employment contracts; lumping genuine small claims into High Court is not per se abusive.
Civil procedure – Representative action – Not maintainable where claims arise from separate individual contracts lacking common interest; Abuse of process – Aggregation of genuine small claims in High Court not necessarily abuse; High Court original jurisdiction; Amendment rather than total strike-out.
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30 December 1993 |
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30 December 1993 |
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Court struck out a sham defence as abuse of process and entered judgment for the plaintiff after crediting a partial payment.
Civil procedure – striking out defence – inherent jurisdiction to prevent abuse of process – sham or frivolous defence – entry of judgment after credit for part payment; Order 18.
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28 December 1993 |