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Citation
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Judgment date
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| January 2023 |
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Application for stay under Order 28 r48 was procedurally incompetent absent an existing enforcement order; applicant given leave to refile.
Civil procedure – Stay of execution pending appeal – Order 28 rule 48 requires an existing enforcement order – prerequisites for stay: serious issue, inadequate damages, status quo, relative strength of case – procedural competence.
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27 January 2023 |
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Court refused to stay compensation assessment pending appeal, holding inchoate liability-only judgments are not suitable for piecemeal appeals.
Civil procedure — Stay of proceedings — Whether assessment of compensation should be stayed pending appeal — Inchoate judgments (liability without quantified damages) not appealable — Jurisdictional objections and choice of assessing officer do not necessarily warrant suspension — Protecting effective remedies and avoiding piecemeal appeals.
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25 January 2023 |
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Dismissal without a fair hearing violated constitutional procedural rights; damages awarded, reinstatement impracticable.
Administrative law – right to lawful and procedurally fair administrative action (section 43) – audi alteram partem; Employment law – unfair dismissal for lack of fair disciplinary process; Remedy – damages where reinstatement impracticable; Costs follow the event.
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24 January 2023 |
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Permission to seek judicial review denied where applicant failed to establish an arguable case or show ownership of impounded timber.
Administrative law — Judicial review — Leave to apply for judicial review — Applicant must show an arguable case; insufficient, inconsistent documentary evidence; section 42(2)(b) inapplicable where applicant was not arrested.
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18 January 2023 |
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Road obstruction by a driver caused the collision; the insurer was held liable and damages will be assessed.
Motor vehicle accident — Road obstruction as breach of duty — Foreseeability and causation — Insurer vicarious/liability for insured driver — Assessment of damages and costs.
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13 January 2023 |
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Court awarded K22,000,000 for fatal accident: K20M to estate, K2M to injured claimant; special damages denied.
Personal injury — Fatal road accident — Damages: loss of expectation of life; loss of dependency (calculated via minimum wage × 12 × remaining years); general damages for pain and suffering; special damages and disfigurement not proved; costs to claimants.
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5 January 2023 |
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Assessment of damages for a child’s death: loss of expectation of life, dependency and survivor’s pain and suffering.
Damages – wrongful death of a child – loss of expectation of life; loss of dependency – multiplier method using minimum wage and two‑thirds rule; general damages for pain and suffering; refusal to award unproven special damages; costs awarded to claimants.
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5 January 2023 |