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Citation
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Judgment date
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| July 2021 |
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Assessment of quantum for personal injury where claimant's uncontroverted evidence established fractures, disfigurement, and proved limited special damages.
Personal injury — assessment of damages — quantum for pain and suffering, loss of amenities and disfigurement — reliance on uncontroverted evidence and comparable awards — proof of special damages (police report vs medical report).
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29 July 2021 |
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Appellate court remitted the file for the trial record on distribution of matrimonial property before reviewing that issue.
Family law – Divorce – Grounds and fault – Custody and maintenance – Distribution of matrimonial property – Appellate review requires full trial record – Remittal to trial court for missing record.
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26 July 2021 |
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26 July 2021 |
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Whether failure by a district authority to act under the Riot Damages Act gives rise to compensable statutory or constitutional tort.
Riot Damages Act (ss.3–7) – statutory duties of District Commissioner – requirement to declare restricted/riot damage areas – burden and standard of proof in civil claims – necessity of police reports/records and corroborative evidence to establish riot and damages – failure to substantiate claim leads to dismissal.
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26 July 2021 |
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Court accepted claimant’s oral evidence of rib fracture and awarded K4.7 million for non-pecuniary losses.
Personal injury — assessment of damages; proof of injury on balance of probabilities; hearsay limitations for medical report; reliance on claimant's oral testimony; heads of damages: pain and suffering, loss of amenities, disfigurement; use of comparable awards and adjustment for currency value; special damages require strict proof.
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20 July 2021 |
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Whether an interlocutory injunction should restrain a fence blocking an alleged access road and whether a locus inspection is required.
Civil procedure – interlocutory injunction – access to land – dispute over prior use of access road – locus in quo inspection where parties’ factual accounts conflict – balance of convenience and irreparable harm.
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9 July 2021 |