Results.
26 judgments found.
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| December 2017 |
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Assessment of damages for a minor's road traffic injuries: quantum for pain, disfigurement, and minimal future earning loss.
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Assessment of damages — personal injury from road traffic accident — quantum for pain and suffering and loss of amenities — award for disfigurement — minimal future loss of earning capacity for a minor absent evidence — proof required for special damages — assessment in default of defendant.
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28 December 2017 |
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Appellant’s land ownership challenge dismissed for failing to show trial-court error; magistrate’s credibility findings and T/A evidence upheld.
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Land law — unlawful sale/purchase of land; appeal — requirement to identify errors of law or fact; assessment of witness credibility; evidentiary weight and admissibility of Traditional Authority testimony; appellate deference to trial court’s factual findings.
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18 December 2017 |
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Whether a municipal withdrawal and demolition of an allocated plot complied with statutory/by‑law procedure and constituted trespass.
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Land law — municipal plot allocation and withdrawal — requirement to follow local by-laws and Plot Allocation Committee procedure; Town and Country Planning Act — limits of stop notices; permitted development and right to compensation; trespass — unlawful demolition of structures; remedies and costs.
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13 December 2017 |
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Whether a subordinate court can transfer to the High Court and the duty of full disclosure in ex parte transfer applications.
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11 December 2017 |
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Under customary law, the royal family’s selection controls VH succession; a TA may not appoint or impose a non‑royal candidate.
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Customary law and chieftaincy succession — village headman appointment — limits on Traditional Authority’s power — family selection rights — interim caretaker not entitled to ascend.
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11 December 2017 |
| June 2017 |
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19 June 2017 |
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Applicant’s claim for stolen ATM funds dismissed; applicant’s disclosure of PIN and failure to block card constituted contributory negligence.
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Banking law — ATM fraud — duty of care to prevent unauthorized withdrawals; contributory negligence for disclosure of PIN; obligation to request card blocking; reasonableness of bank’s investigation (CCTV evidence).
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19 June 2017 |
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Ex parte injunction vacated for nondisclosure and lack of triable issue; dispute better determined by main action; costs to defendant.
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Injunctions — vacation of ex parte injunction — Order 29 RSC — non-disclosure/material facts — absence of triable issue — alternative remedy by writ of summons — plaintiffs' non-appearance — costs to defendant.
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19 June 2017 |
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Plaintiff failed to prove driver negligence; deceased's sleeping in the carriageway and evidentiary gaps led to dismissal.
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Road traffic negligence; duty of care of drivers and pedestrians; contributory negligence where pedestrian sleeps on carriageway; police/medical reports admissible to show existence only; res ipsa loquitur inapplicable.
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19 June 2017 |
| May 2017 |
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Plaintiff’s interim licence failed to establish user rights; injunction vacated and respondent awarded possession, damages and costs.
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Customary land — user and occupation rights — validity of ex parte interlocutory injunction — licence versus proprietary title — effect of magistrate court default judgment — locus standi of a licensee to sue third parties — remedies: possession, mandatory injunction, damages, costs.
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22 May 2017 |
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Plaintiff failed to prove ownership; title remained in the deceased, defendants lawfully administered estate and were registered proprietors.
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Property law — ownership and title deeds — burden of proof on balance of probabilities — letters of administration and registration by transmission — ex parte injunction vacated for suppression of material facts — entitlement to quiet possession and payment of rent.
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9 May 2017 |
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Wrongful electricity billing and disconnection led to loss‑of‑business awards, refund with interest, and nominal slander damages.
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Electricity supply — wrongful billing and disconnection — assessment of damages for loss of business and profits — refund of wrongfully paid sums with interest — nominal damages for slander — costs and enforcement.
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8 May 2017 |
| April 2017 |
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Appellant deprived of right to be heard where magistrate entered judgment on a qualified admission without a substantive hearing.
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Civil procedure — natural justice — right to be heard (audi alteram partem) — qualified admissions — requirement for substantive hearing before entering judgment — setting aside judgment and ordering rehearing.
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24 April 2017 |
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Repossession held justified; no trespass or detinue; distress claim failed; defendant must return the cooker.
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Repossession and secured transactions; trespass to chattels; detinue; scope of collateral under loan agreement; damages for distress.
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10 April 2017 |
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Stay of execution application struck off for being filed in the wrong court; applicant must apply in trial court.
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Civil procedure — stay of execution — procedural requirement to apply in the trial court — improper listing of application — matter struck off the roll.
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9 April 2017 |
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Court ordered dismissal for want of prosecution unless claimants show intention to proceed within 18 days.
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Civil procedure — dismissal for want of prosecution; court case‑management; adjournment for non‑attendance; requirement to show intention to proceed within prescribed time.
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9 April 2017 |
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Appointment as GVH void ab initio for failure to follow customary procedure; removal lawful and DC only facilitated, injunction vacated.
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Chieftaincy law — customary appointment of Group Village Headmen — validity and void ab initio; Chiefs Act (sections 4, 9, 11, 7) — powers to appoint and remove; Administrative law — procedural fairness in dispute resolution; Role of District Commissioner — facilitator not removing authority; Interim injunction — vacated for suppression of facts.
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6 April 2017 |
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Court found the driver negligent and insurer directly liable under s65A, awarding damages and costs to the plaintiff.
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Road traffic accident — Negligence (duty, breach, causation) — Police report as evidence — Insurer liability under s65A Road Traffic Act — Damages for loss of use, inconvenience and repairs — Costs.
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5 April 2017 |
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Interlocutory injunction refused where applicant failed to show clear title, evidence of eviction, and balance of convenience.
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Interlocutory injunction — Order 29 RSC — requirement to show triable issue/clear right and balance of convenience — insufficiency of title evidence (undated, unsigned, unwitnessed lease) — absence of proof of eviction — dismissal as frivolous and vexatious.
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4 April 2017 |
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A village headman cannot validly sell customary land; allocations contrary to customary tenure are void and subject to eviction.
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Customary land — Communal tenure — Chiefs’ power to allocate use and occupation — Sale of customary land void — Lease founded on unlawful allocation void ab initio — Remedies: eviction, injunction, restitution, costs.
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4 April 2017 |
| February 2017 |
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Publication of parliamentary material in a newspaper was not absolutely privileged but was protected by qualified privilege; defamation claim dismissed.
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Defamation — libel — reproduction of parliamentary proceedings — absolute privilege limited to official parliamentary publications — qualified privilege for fair, accurate, public‑interest reporting — malice and Reynolds factors.
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13 February 2017 |
| January 2017 |
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Trial court erred in granting ex parte discharge and releasing seized goods without affording the State an opportunity to be heard.
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Criminal procedure — Discharge of accused under s247 CP and EC — Ex parte applications — Requirement of reasonable notice and opportunity to be heard — Effect of discharge under s247(2) — Prosecutorial delay and risk of unfair trial — Change of venue and defective record — Review and setting aside of subordinate court orders.
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24 January 2017 |
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Plaintiff's failure to block his ATM card and disclosure of PIN constituted negligence; bank not liable for ensuing fraud.
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Banking law — ATM fraud — negligence — duty to block card — contributory negligence for disclosure of PIN — burden of proof (balance of probabilities) — adequacy of bank investigation (CCTV).
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19 January 2017 |
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13 January 2017 |
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5 January 2017 |
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4 January 2017 |