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Citation
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Judgment date
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| November 1993 |
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Plaintiff entitled to recover substitute hire charges as consequential loss despite third‑party arrangements or hirer’s licensing defects.
Negligence — consequential loss — recovery of substitute vehicle hire charges; evidential sufficiency of hire arrangements; third‑party payments and reimbursements — gratuitous payments not deductible; enforceable third‑party obligations recoverable.
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29 November 1993 |
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Summary judgment on dishonoured cheques dismissed because notice of dishonour was not pleaded; defendant granted unconditional leave to defend.
Bills of Exchange — dishonour — notice of dishonour required to establish cause of action; Order 14 summary judgment — affidavit must verify claim and address existence of defence; defective statement of claim precludes summary judgment; unconditional leave to defend.
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19 November 1993 |
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Default judgment set aside where defendant disclosed triable issues despite irregularity and procedural lapses.
Civil procedure — setting aside default judgment — irregular/premature entry of judgment — Order 13 r 9 — affidavit of merits/triable issues — defendant need not always explain default — discretion exercised despite procedural lapses.
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17 November 1993 |
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Whether a defendant’s prima facie triable defence justifies setting aside a regular default judgment.
Civil procedure – setting aside default judgment – service by post (Order 3 r.2) – notice of intention to defend – statement of claim not required for liquidated claim – triable issues/defence (rejection of goods, mitigation/resale) – discretion to allow defence.
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15 November 1993 |
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Default judgment awarding unpaid allowance, conversion and defamation damages totalling K2,800 to the plaintiff.
Employment law — unpaid professional allowance; Conversion of goods (break-in and removal) vs trespass — cannot double recover; Defamation — damage to credit and reputation; Default judgment and assessment of damages.
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13 November 1993 |
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Registrar validly granted an ex parte conditional stay of execution under Order 47(1) despite an existing instalment order.
Civil procedure – Stay of execution – Order 47 r.1 – Registrar's jurisdiction to grant ex parte stays and impose conditions – Payment by instalments – Distinction from section 11(c)(x) applications.
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12 November 1993 |
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Summary judgment refused where defence amounted to confession and avoidance, not a clear admission of liability.
Civil procedure — Summary judgment under Order 27 r.3 — Admissions in defence — Requirement of plain and unambiguous admission — Confession and avoidance — Pleadings to be read as a whole.
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11 November 1993 |
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Summary judgment on dishonoured cheques dismissed for failure to plead notice of dishonour as required by the Bills of Exchange Act.
Civil procedure – Summary judgment (Order 14) – Bills of exchange/cheques – Requirement to plead notice of dishonour under s.48 of the Bills of Exchange Act – Failure to plead notice means no cause of action; summary judgment dismissed.
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2 November 1993 |
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A direct claim against an insurer fails where the policy and statute exclude employee injuries arising in the course of employment; action dismissed as abuse of process.
Road Traffic Act s65A(1) – direct action against insurer; policy exclusions and s62A – employee injuries arising in course of employment excluded from cover; Order 80 r11 – court approval of settlements for persons under disability (not for disapproval); abuse of process – striking out proceedings.
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2 November 1993 |