Results.
5 judgments found.
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| December 2015 |
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Assessment of damages for plaintiff bitten by defendant's dogs; court awarded K7,000,000 plus costs.
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Personal injury — assessment of damages — dog-bite injuries — pain and suffering; loss of amenities of life; disfigurement — use of comparative awards to fix quantum.
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14 December 2015 |
| November 2015 |
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Court corrected its omission and held the respondent entitled to compound interest at the contractual rate, dismissing the applicant's simple-interest request.
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Civil procedure — correction of clerical mistake (Order 20 rule 11) — Interest — contractual rate (2% above prime or maximum permitted) — simple versus compound interest — commercial transactions; compound interest recoverable where contract silent.
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2 November 2015 |
| July 2015 |
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Court refused to strike out the defence, ordering defendants to amend inconsistent pleadings rather than dismissing them.
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Civil procedure — Order 18 r.19 (strike out/amend pleadings) — discretionary power sparingly exercised — triable issues (contributory negligence) preclude striking out; inconsistent/embarrassing pleadings to be amended; Order 2 r.1 curative power.
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13 July 2015 |
| April 2015 |
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Court referred constitutional challenge to rule banning probate proceedings in district registries to Chief Justice for certification.
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Constitutional law — Rule 2(2) Courts (High Court) (Procedure in District Registries) Rules — probate jurisdiction — district registries barred from issuing originating probate process; issues raised: access to justice (s.41(2)), effective remedy (s.41(3)), right to development (s.30), equality (s.20), High Court jurisdiction (s.108(1)), and consistency with Deceased Estates Act read with s.10(2) Constitution — referral to Chief Justice for certification under Courts Act.
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9 April 2015 |
| February 2015 |
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Applicants granted leave for judicial review over alleged discriminatory non‑payment of rural hardship allowances; transfers stayed pending determination.
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Administrative law — Judicial review — Leave under Order 53 — Arguable case standard; Rural teachers’ hardship allowance — Alleged discriminatory implementation; Interim relief — Stay of postings pending determination; Time limits — Three-month rule and court strike justification.
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20 February 2015 |