Results.
7 judgments found.
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| September 2022 |
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Employer liable for false imprisonment and malicious prosecution; defamation unproven and counterclaim dismissed.
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False imprisonment — employer-instigated arrest — procurement of police arrest by company officers; Malicious prosecution — absence of reasonable and probable cause; Defamation — need to plead and exhibit defamatory words/publication; Employer counterclaim — burden to prove employee’s liability for missing stock and cash; Police discretion vs. procuring arrest by private party.
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16 September 2022 |
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Police arrested and prosecuted the claimant on their own investigations; the defendant merely reported the fraud and is not liable for false imprisonment or malicious prosecution.
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Tort — False imprisonment; malicious prosecution; distinction between making a charge and giving information to Police; civil liability where private party procures arrest — evidence required to show arrest was at party’s instance.
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16 September 2022 |
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Workplace fall caused by claimant’s failure to take reasonable care; employer not liable under statutory or common‑law duties.
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Occupational Safety, Health and Welfare Act s.13 employer duty; s.18(a) employee duty to take reasonable care; negligence — employer v employee liability; res ipsa loquitur inapplicable where cause known; amendment of pleadings post‑closure permissible if no uncompensable prejudice.
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16 September 2022 |
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Court declined to stop defendants' existing use of disputed estate land but barred further development pending final determination.
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Interim injunctions — serious question to be tried — adequacy of damages — balance of convenience — preservation of status quo in land disputes arising from deceased estates.
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13 September 2022 |
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Contested disputes over entitlement to deceased estate assets require a full trial, not determination on affidavits.
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Probate — Distribution of deceased estate — Contentious factual disputes — Affidavits insufficient — Referral to trial — Exemption from mediation — Alleged matrimonial property, land and maize mill disputes.
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13 September 2022 |
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Employer liable for security guard's injuries due to unsafe system of work and inadequate training/equipment.
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Employer's duty of care — safe system of work — inadequate training and equipment — abandonment during operation — employer liable for injuries — damages to be assessed.
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13 September 2022 |
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Whether a certificate of non‑compliance obtained without proper procedural application should be set aside and injunction reviewed.
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Civil procedure — interim injunction — requirement to file notice to continue — certificate of non-compliance — procedural prerequisites for obtaining certificate — setting aside certificate — further hearing to determine continuation or discharge of injunction.
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4 September 2022 |