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Citation
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Judgment date
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| October 1993 |
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Plaintiff awarded damages for severe workplace injuries: substantial compensation for pain, loss of amenities and reduced earnings; special damages denied.
Personal injury — assessment of damages — general damages for pain and suffering and loss of amenities — calculation of loss of earnings using multiplier/multiplicand and working life to 55 — award of unpleaded past/future earnings loss — unproved special damages dismissed.
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29 October 1993 |
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Summary possession under Order 113 inappropriate where factual disputes or estate interests require a trial.
Possession proceedings – Order 113 originating summons – dispute of fact on occupation/licence of predecessor in title – potential proprietary interest via deceased owner's estate – summary procedure inappropriate – convert to writ under Order 28 r 8.
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27 October 1993 |
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Whether the defendant's affidavit disclosed factual grounds for a defence sufficient to set aside a default judgment.
Civil procedure – setting aside default judgment – affidavit of merit required – allegations must raise facts from which a defence or triable issue can be inferred; Appropriation/approbation – application for instalments does not necessarily constitute approbation; Defence of payment – must be supported by evidence in affidavit; Court may allow supplementary affidavit where initial affidavit is deficient.
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25 October 1993 |
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Whether a passenger may sue an insurer directly under s65A when the policy excludes passenger liability.
Road Traffic Act s65A — direct action against insurer; privity of contract; policy exclusions for passengers; statutory requirements (s61) for cover.
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19 October 1993 |
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Stay of execution refused because respondent’s assets meant a successful appeal would not be nugatory.
Civil procedure — Stay of execution pending appeal — Whether appeal will be nugatory — Court’s discretion to protect successful litigant’s entitlement — Payment into court as protective condition.
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14 October 1993 |
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Court awarded K13,780 for loss of dependency under s.7, allocated among the widow, five children and a sister-in-law.
Wrongful death – Loss of dependency under s.7 Statute Law (Miscellaneous Provisions) Act – Quantum based on deceased’s net salary and agreed dependency fraction – Default judgment enforcement – Distribution of award among widow and dependents.
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6 October 1993 |