Results.
13 judgments found.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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 |