Results.
27 judgments found.
|
|
|
| December 1995 |
|
|
Custodial assault and ill-treatment attract damages; lawful arrest under an objectionable law did not automatically amount to false imprisonment.
-
False imprisonment — lawful arrest under objectionable law; Assault and inhuman treatment in custody — damages; Loss of profits — damages assessed; Article 138(1) Constitution — National Compensation Tribunal and forum choice.
|
29 December 1995 |
|
Assessment of damages after default judgment for injuries from a police shooting; plaintiff found credible and awarded compensation.
-
Assessment of damages — default judgment — police shooting — personal injury — credibility of witness evidence — quantum for pain, suffering, loss of amenities and earning capacity — costs.
|
19 December 1995 |
|
Repeated state detention tolled limitation; plaintiff entitled to repayment for duress, pension recalculation, and exemplary damages for false imprisonment.
-
Limitation Act s25 (fraud/concealment) — tolling of limitation by continuous state detention; Duress and money had and received — extorted payments repayable with interest; Pension law — entitlement and re‑calculation of employer and employee contributions; False imprisonment — prolonged administrative detention, neglect of medical care, exemplary damages; Detention orders and unlawful administrative detention.
|
5 December 1995 |
|
Application to set aside default judgment dismissed where defendant had already vacated premises and no award for mesne profits existed.
-
Civil procedure — Default judgment — Setting aside under Order 13 Rule 9 — Discretion guided by Evans v Bartlam — Defendant must show a defence with a real prospect of success — No need to set aside judgment where relief (possession) already achieved — Damages/mesne profits cannot be assessed absent an award.
|
1 December 1995 |
| November 1995 |
|
|
Defendant liable for cancellation of school-supply orders; plaintiff awarded loss-of-profits K423,970.75 for 89,257 undelivered boxes.
-
Contract — repudiation/cancellation of purchase orders — measure of damages: loss of profits versus market-price under Sale of Goods Act; requirement of a genuine available market; assessment of quantum based on reasonably established production cost; rejection of inadequately pleaded loss of chance.
|
28 November 1995 |
|
Court awarded the plaintiff K7,000 for personal injuries: K3,000 for loss of earning capacity and K4,000 for pain and suffering.
-
Personal injury — assessment of damages — fractured arm and scalp lacerations — hospitalization and visible scarring — loss of earning capacity; pain, suffering and loss of amenities — absence of medical report not fatal to finding ongoing disability.
|
22 November 1995 |
|
Court disallowed post-evidence amendment of a default judgment and made modest awards for personal injury and dependency based on limited evidence.
-
Civil procedure — amendment of default judgment after evidence — amendment disallowed where it would correct evidential defect and be inequitable; Assessment of damages — credibility of medical and oral evidence; Personal injury damages; Loss of dependency calculation and assumptions; Costs awarded to successful plaintiffs.
|
22 November 1995 |
|
Court refused full stay pending appeal, ordered K20,000 paid and K15,000 deposited into court pending appeal.
-
Civil procedure — Stay of execution pending appeal — Order 59 r.13 — Discretionary stay — Burden on applicant to show irrecoverability of funds — Partial payment and balance paid into court as security pending appeal.
|
20 November 1995 |
| October 1995 |
|
|
Plaintiff awarded K45,000 for 21-day false imprisonment after defendant withdrew its defence; costs to plaintiff.
-
False imprisonment — assessment of damages — withdrawal of defence and entry of judgment under court rules — comparative awards and currency devaluation — 21 days' detention; police cell conditions; costs awarded to plaintiff.
|
26 October 1995 |
|
Affected parties should seek variation or revocation from the issuing court before appealing ex parte orders.
-
Civil procedure — Ex parte orders — Provisional nature and duty of full disclosure — Registrar’s power to grant, vary or set aside ex parte orders — Proper procedure for affected party is to seek reconsideration by issuing court, not immediate appeal — Conditions of stay (sheriff’s fees).
|
24 October 1995 |
|
Default judgment upheldly set aside where the defendant’s proposed defence disclosed arguable issues of non-publication and qualified privilege.
-
Civil procedure — Setting aside default/regular judgment under Order 13 r.9 — Defendant must disclose a defence on the merits; defence need only raise an arguable/triable issue — Libel: denial of publisher/owner status and qualified privilege.
|
5 October 1995 |
| September 1995 |
|
|
A defendant seeking to set aside a default judgment must show a bona fide, particularised defence with a real prospect of success; mere assertions are inadequate.
-
Civil procedure — Default judgment — Application to set aside — Defendant must show bona fide defence on the merits with a real prospect of success — Mere unparticularised allegations (unworkmanlike performance, unexplained deductions) insufficient.
|
27 September 1995 |
|
Section 138 is invalid insofar as it purports to oust ordinary courts' jurisdiction over constitutional or judicial matters.
-
Constitutional law — jurisdiction of ordinary courts — Section 138 National Compensation Tribunal — whether Tribunal ousts courts’ exclusive jurisdiction — constitutional invalidity where law purports to oust judicial jurisdiction (section 11(4)); access to courts (section 41(2)); judicial review (section 142).
|
27 September 1995 |
| August 1995 |
|
|
Watchman warranty suspends cover when guard services cease or are unavailable; insurer not liable for theft during suspension.
-
Insurance law — watchman warranty — plain meaning construction — suspension of cover where watchman services are temporarily or permanently discontinued or unavailable — suspension applies regardless of who caused discontinuance — insured must notify insurer and obtain written assent — insurer not liable for losses during suspension.
|
8 August 1995 |
| July 1995 |
|
|
Summary judgment refused where respondent raised a bona fide defence under Regulation 3(7) of the Preservation of Public Security Act.
-
Civil procedure — summary judgment (Order 14) — false imprisonment — Preservation of Public Security Act, Regulation 3(7) — detention pending investigation — reasonableness and duration of custody — bona fide defence defeats summary judgment.
|
28 July 1995 |
| June 1995 |
|
|
Award of past earnings and general damages for wrongful dismissal; no speculative award for future loss; costs awarded.
|
13 June 1995 |
| May 1995 |
|
|
Plaintiff's 1976 wrongful dismissal and detention claims are time-barred under the six-year Limitation Act; no extension applies.
-
Limitation Act s4(1)(a) — accrual of cause of action — tort (wrongful dismissal/false imprisonment) — six-year limitation; s21/s2(3)(a) disability (minority/unsound mind) — no extension; fraud/concealment/equity insufficient to suspend limitation.
|
10 May 1995 |
| April 1995 |
|
|
Court granted leave to amend pleadings and issued case-management directions despite defendant's dormant dismissal application.
-
Civil procedure — Amendment of writ and pleadings (Order 20 r.5) — Closure of pleadings and summons for directions (Order 18 r.20; Order 25 r.1) — Dormant dismissal application not a bar — Discovery by exchange of verified lists — Case management directions.
|
26 April 1995 |
|
Court awarded K10,000 and K3,000 as general damages to two injured plaintiffs and ordered costs against the defendant.
-
Personal injury — assessment of general damages — default judgment and assessment in defendant's absence — medical evidence and partial incapacity — quantum and loss of amenities (consideration of currency value).
|
18 April 1995 |
|
Taxing master reduced and disallowed items for non‑compliance with rules, awarding K38,845 taxed costs.
-
Costs — Taxation of bill of costs — Non‑compliance with Rules of the Supreme Court — Taxing master’s discretion to disallow or reduce items — Care and conduct allowances — Reductions for partial or no court sittings.
|
18 April 1995 |
|
Parents may recover loss of dependency for young children’s deaths based on present services and future prospective contribution.
-
Damages — Wrongful death — Loss of dependency by parents for death of very young children — Present household services and prospective future contribution as basis for dependency — Sections 3 and 7, Statute Law (Miscellaneous) Act (Cap 5:04).
|
7 April 1995 |
|
Court ordered security for costs where plaintiff was abroad and address undisclosed, fixing security at K45,000.
-
Civil procedure — security for costs (Order 23 r.1) — plaintiff resident abroad; address not stated; discretion to order security; unsatisfied default judgment does not bar security application; quantum fixed at K45,000.
|
7 April 1995 |
| March 1995 |
|
|
Default judgment set aside where defendant’s affidavit disclosed triable issues; plaintiff’s opposing affidavit not considered.
-
Civil procedure — setting aside default judgment — Order 13 r.9 & Order 19 r.9 — defendant’s affidavit must disclose defence or triable issue — opposing affidavit ordinarily not considered — triable issues found, default judgment set aside.
|
29 March 1995 |
|
Interlocutory injunction properly maintained where vendor sought to renege on a clear sale agreement, justifying preservation of the status quo.
-
Civil procedure — interlocutory injunctions — ex parte urgency requirement; Contract law — positive contract of sale — when injunctions may be granted to preserve status quo pending specific performance; American Cyanamid test — good arguable case and balance of convenience; Delivery of title documents to court to preserve rights.
|
13 March 1995 |
| February 1995 |
|
|
Whether a later-registered company using a similar name in the same business constitutes passing off and may be restrained.
-
Company names — Passing off — Similarity of names in same trade likely to cause confusion — Common-law right to protect goodwill — Striking name from register and injunctive relief.
|
9 February 1995 |
|
Oral expatriate employment contract enforceable; employer’s failure to reduce to writing and wrongful termination entitles employee to damages.
-
Employment law — oral expatriate employment contract enforceable — Ministerial Application Order excludes s.12(1)(e) — employer’s failure to reduce to writing and wrongful termination — implied reasonable notice (three months for senior expatriate) — damages awarded.
|
8 February 1995 |
| January 1995 |
|
|
Whether wrongful arrest and detention entitle the plaintiff to damages for false imprisonment and lost promotion prospects.
-
Tort — False imprisonment — Unlawful arrest and detention following workplace incident — Quantum of damages for lengthy detention and poor prison conditions; Damages for loss of promotion prospects — Defamation — burden to prove publication; Civil procedure — amendment to pleadings allowed if duly served and uncontested; Failure of state defendant to appear.
|
24 January 1995 |