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Citation
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Judgment date
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| December 1993 |
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Failure to give statutory notice of dishonour under s48 bars summary judgment on a dishonoured cheque.
Bills of Exchange Act s48 — notice of dishonour — effect of non‑compliance (drawer discharged); Summary judgment — appropriateness where statutory notice not given; Cheque-as-cash principle distinguished where notice absent.
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31 December 1993 |
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A pleading will not be struck out for imprecision if, read as a whole, it discloses a reasonable cause of action.
Civil procedure — strike‑out of pleadings — Order 18 r.19 — reasonable cause of action — evidence inadmissible on strike‑out — pleadings must be read as a whole — imprecision not fatal — right to amend — rent/mesne profits arising from holding over.
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30 December 1993 |
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Representative action disallowed where employees have separate contracts; aggregating small claims in High Court is not per se abuse.
Representative actions – employment law – separate severally-entered contracts – no common interest; Abuse of process – aggregation of small claims in High Court not per se abuse; High Court original jurisdiction; amendment and joinder.
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30 December 1993 |
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Court approved defendant's compromise, ordering K7,200 paid and distributed to the widow, mother and minor children.
Civil procedure – Minor settlements – Order 80, rules 10 and 11 – Court approval required to protect persons under disability – Assessment of benefit to minors – Quantum based on minimum wage and multiplier – Distribution of settlement funds.
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29 December 1993 |
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Plaintiff awarded K3,000 for pain and suffering from non-permanent soft-tissue injuries; no loss of earnings awarded.
Personal injury – Soft-tissue injuries, cuts and bruises – No permanent incapacity – Non-pecuniary (general) damages for pain and suffering – No loss of earnings or amenities – Quantum K3,000 – Costs on subordinate court scale.
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21 December 1993 |
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Injured labourer awarded K8,000 for pain and K3,000 for loss of earning capacity due to substantial risk to future employability.
Personal injury – damages for pain and suffering and loss of amenities – award for amputation and ongoing disability; Damages – loss of earning capacity where plaintiff remains employed – test of substantial (not speculative) risk of diminished employability; Quantification of global award using current earnings and expected working life.
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21 December 1993 |
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Assessment of loss of dependency using multiplier/multiplicand method; no reduction for remarriage absent evidence.
Damages—loss of dependency; multiplier and multiplicand method; discounting of future annuities; assessment in absence of defendants; remarriage prospect not proved.
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10 December 1993 |
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Non‑compliance with Order 13 r.8 and Order 47 r.1(3) prevents an automatic stay of execution absent extension or compliance.
Civil procedure – Stay of execution – Order 13 r.8 – Requirement to issue summons within 14 days – Affidavit and full and frank disclosure required by Order 47 r.1(3) – Section 15 Sheriff Act – Extension of time and "unless" order.
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10 December 1993 |
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Mandatory interlocutory injunction granted to recover company car from former employee due to risk of irreparable loss.
Property/owners’ rights – possession by former employee – fringe benefit – mandatory interlocutory injunction – irreparable harm and balance of convenience – vehicle recovery (registration GH 335 F3).
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1 December 1993 |