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Citation
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Judgment date
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| April 2018 |
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Assessment of quantum in personal injury: awarded damages for pain, amenities, disfigurement and nominal lost earnings.
Personal injury – assessment of quantum – general damages for pain and suffering, loss of amenities, disfigurement and loss of earning capacity – use of comparable awards – nominal award where no evidence of earnings – 5% allowance for currency depreciation.
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30 April 2018 |
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Assessment of unfair dismissal award: calculation of compensation, severance and compound interest under the Employment Act.
Employment law – unfair dismissal – remedy under s.63(4) – assessment of compensation; Severance pay – First Schedule calculation; Compound interest on severance (commercial lending rate) – limitation on awarding new relief at assessment; Costs refused.
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27 April 2018 |
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Alleged misleading by counsel does not constitute good cause for a stay of execution; stay is discretionary.
Civil procedure — Stay of execution — Discretionary relief — Applicant must show good cause — Misleading by counsel insufficient — Remedies include suit against counsel or appeal — Order 47 Rule 1 RSC.
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24 April 2018 |
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An insurer's consent order and payment do not automatically justify summary judgment against the insured.
Summary judgment; consent order; insurer settlement; insured not party; Road Traffic Act s148; unliquidated damages; triable issues on negligence and apportionment; leave to defend.
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23 April 2018 |
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The applicants' interlocutory injunction in a WhatsApp defamation claim was continued pending trial; damages deemed potentially inadequate.
Defamation — publications on social media (WhatsApp) — interlocutory injunction — triable issue — adequacy of damages for reputation harm — requirement for full and frank disclosure — balance of convenience.
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19 April 2018 |
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After failed mediation, the court referred the dispute to trial to decide whether the second defendant was properly installed as village headman.
Civil procedure — Mediation — Failure to reach settlement — Referral to trial under Order 13 Rule 9(2) — Determination of proper installation of village headman.
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10 April 2018 |
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After mediation failed, the court referred the land entitlement dispute to trial and ordered transfer to the Magistrate’s Court.
Civil procedure – mediation failure – referral to trial under Order 13 rule 9(2) – land dispute – transfer from High Court to Magistrate’s Court for hearing.
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10 April 2018 |
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After failed mediation, court referred the claimants' land entitlement dispute to trial and transferred it to the Magistrate's Court.
Land dispute – entitlement to land – mediation failure – referral to trial – transfer to Magistrate’s Court – Order 13 Rule 9(2) High Court (Civil Procedure) Rules.
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10 April 2018 |
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Appeal dismissed because the appellant failed to comply with Order 33, rendering the appeal not ready for hearing.
Civil procedure – appeal readiness – compliance with Order 33 of the Subordinate Court Rules – procedural dismissal for non‑compliance.
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9 April 2018 |
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An appeal was dismissed because the appellant failed to comply with Order 33, rendering the matter not ready for hearing.
Civil procedure – Appeal – Procedural compliance – Failure to comply with Order 33 of the Subordinate Court Rules – Appeal not ready for hearing – Dismissal for non-compliance.
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9 April 2018 |
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Appeal hearing dismissed for failure to comply with Order 33 of the Subordinate Court Rules.
Civil procedure — Appeal — Readiness for hearing — Non‑compliance with Subordinate Court Rules (Order 33) — Dismissal of hearing.
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9 April 2018 |
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Summary judgment refused where defendant raised genuine factual disputes about contractual variation and estoppel requiring trial.
Civil procedure – summary judgment (Order 14) – genuine triable issues – contract variation through agent – acceptance of late payments – estoppel – whether time was of the essence.
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3 April 2018 |
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Interim injunction refused where damages were adequate and the applicant suppressed a material fact (trustee status).
Interim injunctions – adequacy of damages as alternative remedy – injunction refused where damages adequate; Duty of full disclosure – suppression of material facts vitiates interlocutory application; Internal association law – disciplinary powers and eligibility for office under constitution; Natural justice – right to be heard in disciplinary processes.
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3 April 2018 |