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Citation
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Judgment date
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| January 1994 |
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Exemplary damages must be specifically pleaded; K3,000 awarded for two-day wrongful arrest and humiliation.
False imprisonment — damages at large — exemplary/punitive damages must be specifically pleaded with supporting facts (Order 18, r.8) — aggravated damages as compensatory aggravation.
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28 January 1994 |
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False imprisonment and consequential loss of employment: damages assessed by judicial discretion, not fixed time‑rates.
False imprisonment – assessment of damages – awards discretionary, not rigidly time‑based; duration, indignity and torture relevant; loss of employment and loss of earning capacity recoverable.
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28 January 1994 |
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Interim injunction refused where applicant failed to show a pleaded interest in the vehicle sought to be frozen.
Civil procedure – interlocutory injunction – preservation of status quo – applicant must show prima facie right and balance of convenience – injunction refused where subject matter not pleaded in statement of claim – abuse of process.
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17 January 1994 |
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Assessment of damages for false imprisonment: court adopts relative temporal approach and awards K60,000 for about two months.
False imprisonment – assessment of damages – compensation for loss of liberty – relative holistic approach to duration rather than strict days/hours – guideline awards: 2–6 months ≈ K60,000; 6–12 months ≈ K100,000 – poor detention conditions and ill-treatment relevant to quantum.
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14 January 1994 |
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The plaintiff awarded K72,000 for unlawful arrest and battery; exemplary damages denied for lack of specific pleading.
Torts – False imprisonment – damages at large and compensation; Battery – pain and suffering; Exemplary damages – must be specifically pleaded in High Court; Government liability – suits against State officers.
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8 January 1994 |
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Court awards K14,000 for facial injuries; pelvic dislocation unproven and no loss of earning capacity awarded.
Motor vehicle accident — assessment of damages — medical evidence required to prove specific injuries (pelvic dislocation) — non‑pecuniary losses: pain, suffering and disfigurement — loss of earning capacity requires proof of substantial risk (Moeliker test).
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7 January 1994 |
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Labeling a document "without prejudice" does not automatically exclude an admission, but summary judgment may be refused if genuine triable issues exist.
Civil procedure — summary judgment on admission; "without prejudice" communications — scope and admissibility; court discretion where triable issues and credibility arise.
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5 January 1994 |
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Alleged instalment agreement failed for lack of proof and consideration; default judgment not set aside.
Civil procedure — setting aside default judgment — affidavit of merits/triable issue; Contract — accord and satisfaction; consideration (Foakes v Beer; Pinnel's case); equitable relief (Hughes; D & C Builders).
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4 January 1994 |
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A weak or 'shadowy' defence justified conditional leave to defend subject to payment of K34,500 into court.
Civil procedure – Summary judgment – Defence alleging purchaser non-payment held 'shadowy' – Affidavit sworn at plaintiffs’ lawyer’s office excluded (Order 41, Rule 8) – Conditional leave to defend granted on payment into court.
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4 January 1994 |
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Whether the state is liable for false imprisonment, assault in custody and appropriate damages for lost sight and earnings.
False imprisonment – state liability – assault and degrading treatment in custody – recoverability of consequential personal injuries – assessment of damages and loss of earnings (multiplier method).
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4 January 1994 |