|
Citation
|
Judgment date
|
| 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 |