Results.
527 judgments found.
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| February 2018 |
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Assessment of personal-injury damages: quantum fixed for pain, loss of amenities and disfigurement; special claims partly awarded; earning-capacity claim dismissed.
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Personal injury — Assessment of damages — Pain and suffering; Loss of amenities of life; Disfigurement; Special damages require pleading and proof; Loss of earning capacity — insufficient evidence.
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6 February 2018 |
| January 2018 |
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Appeal dismissed: lower court's adverse-possession finding upheld; inheritance statute inapplicable where not pleaded.
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Land law — adverse possession — uninterrupted occupation and use for over 12 years — limitation statute; Civil procedure — evaluation of evidence and credibility; Pleadings — court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
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30 January 2018 |
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Appeal dismissed: adverse possession and trial court credibility findings upheld; inheritance law not considered absent pleading.
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Land dispute — encroachment — credibility of evidence and assessment of witnesses; Adverse possession — uninterrupted use exceeding 12 years; Limitation Act principles; Pleadings — court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
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30 January 2018 |
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Plaintiffs entitled to general damages for slander; exemplary damages refused for lack of malice or profit motive.
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Defamation (slander) — assessment of damages — general (compensatory) damages awarded for reputational injury; no special damages proved — exemplary damages inappropriate where publication not shown to be profit-driven, malicious or recklessly false; vulgar insulting language may not constitute defamation against men.
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22 January 2018 |
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Court granted a three-month extension of a freezing directive under s.23(5) after defendants failed to attend the hearing.
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Financial Crimes Act 2017 s.23(5) — Freezing directive — Application for extension — Inter partes hearing — service on defendants and absence of counsel — discretion to extend freezing order.
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19 January 2018 |
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Court held management fees non-exempt under DTAs; UK treaty applied as Netherlands entity lacked substance; appeal dismissed.
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Tax law — Double Taxation Agreements — management fees not part of industrial or commercial profits; treaty interpretation — literal where wording is clear; residence/substance — sham/substance-over-form; representative taxpayer under Sections 77–78 Taxation Act; interest under Section 105(6) — arithmetic progression, final rate applies to whole period.
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16 January 2018 |
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Assessment of damages after a road accident: quantum for pain, suffering and loss of amenities based on medical evidence.
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Assessment of damages — personal injury after road traffic accident — quantification of pain and suffering and loss of amenities — reliance on medical reports and viva voce evidence — application of restitutio in integrum — use of comparative awards adjusted for currency devaluation.
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10 January 2018 |
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The claimant awarded MK400,000 for pain, suffering and disfigurement after a workplace thumb injury; none for loss of amenities.
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Personal injury — assessment of damages — default judgment on liability — evaluation of medical report versus oral evidence — awards for pain and suffering and disfigurement — no award for loss of amenities absent evidence — guidance from comparable awards and restitutio in integrum.
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5 January 2018 |
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Court set aside ex parte stay, ordered judgment executed, finding appeal would not be rendered nugatory; costs to applicant.
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Civil procedure — stay of execution — setting aside ex parte stay — whether execution would render appeal nugatory — credibility of affidavit/supporting documents — costs.
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1 January 2018 |
| December 2017 |
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Assessment of damages for a minor's road traffic injuries: quantum for pain, disfigurement, and minimal future earning loss.
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Assessment of damages — personal injury from road traffic accident — quantum for pain and suffering and loss of amenities — award for disfigurement — minimal future loss of earning capacity for a minor absent evidence — proof required for special damages — assessment in default of defendant.
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28 December 2017 |
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Appellant’s land ownership challenge dismissed for failing to show trial-court error; magistrate’s credibility findings and T/A evidence upheld.
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Land law — unlawful sale/purchase of land; appeal — requirement to identify errors of law or fact; assessment of witness credibility; evidentiary weight and admissibility of Traditional Authority testimony; appellate deference to trial court’s factual findings.
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18 December 2017 |
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Whether a municipal withdrawal and demolition of an allocated plot complied with statutory/by‑law procedure and constituted trespass.
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Land law — municipal plot allocation and withdrawal — requirement to follow local by-laws and Plot Allocation Committee procedure; Town and Country Planning Act — limits of stop notices; permitted development and right to compensation; trespass — unlawful demolition of structures; remedies and costs.
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13 December 2017 |
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Whether a subordinate court can transfer to the High Court and the duty of full disclosure in ex parte transfer applications.
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11 December 2017 |
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Under customary law, the royal family’s selection controls VH succession; a TA may not appoint or impose a non‑royal candidate.
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Customary law and chieftaincy succession — village headman appointment — limits on Traditional Authority’s power — family selection rights — interim caretaker not entitled to ascend.
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11 December 2017 |
| June 2017 |
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19 June 2017 |
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Applicant’s claim for stolen ATM funds dismissed; applicant’s disclosure of PIN and failure to block card constituted contributory negligence.
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Banking law — ATM fraud — duty of care to prevent unauthorized withdrawals; contributory negligence for disclosure of PIN; obligation to request card blocking; reasonableness of bank’s investigation (CCTV evidence).
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19 June 2017 |
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Ex parte injunction vacated for nondisclosure and lack of triable issue; dispute better determined by main action; costs to defendant.
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Injunctions — vacation of ex parte injunction — Order 29 RSC — non-disclosure/material facts — absence of triable issue — alternative remedy by writ of summons — plaintiffs' non-appearance — costs to defendant.
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19 June 2017 |
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Plaintiff failed to prove driver negligence; deceased's sleeping in the carriageway and evidentiary gaps led to dismissal.
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Road traffic negligence; duty of care of drivers and pedestrians; contributory negligence where pedestrian sleeps on carriageway; police/medical reports admissible to show existence only; res ipsa loquitur inapplicable.
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19 June 2017 |
| May 2017 |
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Plaintiff’s interim licence failed to establish user rights; injunction vacated and respondent awarded possession, damages and costs.
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Customary land — user and occupation rights — validity of ex parte interlocutory injunction — licence versus proprietary title — effect of magistrate court default judgment — locus standi of a licensee to sue third parties — remedies: possession, mandatory injunction, damages, costs.
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22 May 2017 |
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Plaintiff failed to prove ownership; title remained in the deceased, defendants lawfully administered estate and were registered proprietors.
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Property law — ownership and title deeds — burden of proof on balance of probabilities — letters of administration and registration by transmission — ex parte injunction vacated for suppression of material facts — entitlement to quiet possession and payment of rent.
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9 May 2017 |
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Wrongful electricity billing and disconnection led to loss‑of‑business awards, refund with interest, and nominal slander damages.
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Electricity supply — wrongful billing and disconnection — assessment of damages for loss of business and profits — refund of wrongfully paid sums with interest — nominal damages for slander — costs and enforcement.
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8 May 2017 |
| April 2017 |
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Appellant deprived of right to be heard where magistrate entered judgment on a qualified admission without a substantive hearing.
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Civil procedure — natural justice — right to be heard (audi alteram partem) — qualified admissions — requirement for substantive hearing before entering judgment — setting aside judgment and ordering rehearing.
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24 April 2017 |
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Repossession held justified; no trespass or detinue; distress claim failed; defendant must return the cooker.
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Repossession and secured transactions; trespass to chattels; detinue; scope of collateral under loan agreement; damages for distress.
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10 April 2017 |
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Stay of execution application struck off for being filed in the wrong court; applicant must apply in trial court.
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Civil procedure — stay of execution — procedural requirement to apply in the trial court — improper listing of application — matter struck off the roll.
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9 April 2017 |
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Court ordered dismissal for want of prosecution unless claimants show intention to proceed within 18 days.
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Civil procedure — dismissal for want of prosecution; court case‑management; adjournment for non‑attendance; requirement to show intention to proceed within prescribed time.
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9 April 2017 |
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Appointment as GVH void ab initio for failure to follow customary procedure; removal lawful and DC only facilitated, injunction vacated.
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Chieftaincy law — customary appointment of Group Village Headmen — validity and void ab initio; Chiefs Act (sections 4, 9, 11, 7) — powers to appoint and remove; Administrative law — procedural fairness in dispute resolution; Role of District Commissioner — facilitator not removing authority; Interim injunction — vacated for suppression of facts.
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6 April 2017 |
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Court found the driver negligent and insurer directly liable under s65A, awarding damages and costs to the plaintiff.
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Road traffic accident — Negligence (duty, breach, causation) — Police report as evidence — Insurer liability under s65A Road Traffic Act — Damages for loss of use, inconvenience and repairs — Costs.
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5 April 2017 |
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Interlocutory injunction refused where applicant failed to show clear title, evidence of eviction, and balance of convenience.
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Interlocutory injunction — Order 29 RSC — requirement to show triable issue/clear right and balance of convenience — insufficiency of title evidence (undated, unsigned, unwitnessed lease) — absence of proof of eviction — dismissal as frivolous and vexatious.
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4 April 2017 |
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A village headman cannot validly sell customary land; allocations contrary to customary tenure are void and subject to eviction.
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Customary land — Communal tenure — Chiefs’ power to allocate use and occupation — Sale of customary land void — Lease founded on unlawful allocation void ab initio — Remedies: eviction, injunction, restitution, costs.
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4 April 2017 |
| February 2017 |
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Publication of parliamentary material in a newspaper was not absolutely privileged but was protected by qualified privilege; defamation claim dismissed.
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Defamation — libel — reproduction of parliamentary proceedings — absolute privilege limited to official parliamentary publications — qualified privilege for fair, accurate, public‑interest reporting — malice and Reynolds factors.
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13 February 2017 |
| January 2017 |
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Trial court erred in granting ex parte discharge and releasing seized goods without affording the State an opportunity to be heard.
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Criminal procedure — Discharge of accused under s247 CP and EC — Ex parte applications — Requirement of reasonable notice and opportunity to be heard — Effect of discharge under s247(2) — Prosecutorial delay and risk of unfair trial — Change of venue and defective record — Review and setting aside of subordinate court orders.
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24 January 2017 |
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Plaintiff's failure to block his ATM card and disclosure of PIN constituted negligence; bank not liable for ensuing fraud.
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Banking law — ATM fraud — negligence — duty to block card — contributory negligence for disclosure of PIN — burden of proof (balance of probabilities) — adequacy of bank investigation (CCTV).
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19 January 2017 |
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13 January 2017 |
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5 January 2017 |
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4 January 2017 |
| April 2008 |
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State lawfully required refugees to return to designated camps; identity cards did not confer urban residence permits.
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Refugee law — designation of place of residence; Identity cards v. residence permits; Natural justice — right to fair administrative action; Constitution — non‑discrimination; Ultra vires delegation — subcommittee lacked express statutory authority; Immigration Act — exclusive permit powers.
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17 April 2008 |
| October 2007 |
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Court refused to strike out committal summons, holding committal and property execution can be pursued concurrently.
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Civil procedure — service of summons — Registrar’s signature — Courts Act s3(1)(a); Enforcement of judgment — committal to prison — consent order — simultaneous enforcement remedies; Jurisdiction — abuse of process — striking out; Assessment of means — JDS; Constitutional challenge — section 19(3).
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15 October 2007 |
| July 2003 |
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Mandatory section 254 breaches vitiate convictions; sentencing of first offenders requires recorded reasons under section 340.
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Criminal procedure — Section 254 CP&EC (case to answer) mandatory — failure to find prima facie case vitiates conviction; Sentencing — section 340 CP&EC requires recorded reasons before custodial sentence for first offenders; Review/confirmation — High Court may quash convictions, order retrial, enhance or reduce sentences; Judgment requirements — courts must state points for determination, reasons, and assessment of evidence; Statutory maxima — sentences exceeding prescribed limits are unlawful.
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24 July 2003 |
| February 2000 |
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10 February 2000 |
| January 2000 |
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Defendant liable for false imprisonment where its agents arrested and handed plaintiff to police; defamation and business-loss claims unproven.
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Tort — False imprisonment — liability where employer's agents effect arrest and hand over suspect to police; mere reporting differs from making a charge
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Defamation — requires publication to third parties and proof of reputational harm
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Damages — defendant liable only for period attributable to its actions; police delay reduces defendant's exposure
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Evidence — credibility and presence of witness critical; hearsay unacceptable to rebut direct evidence
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31 January 2000 |
| June 1999 |
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Plaintiff proved negligence where a learner driver overtook unsafely; vehicle damages awarded but unproven towing costs denied.
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Motor vehicle negligence — overtaking a stopped minibus — learner driver driving without competent supervision or 'L' plates — burden of proof on plaintiff — special damages must be pleaded and proved.
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1 June 1999 |
| November 1998 |
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Dispute whether departure was retirement or resignation and entitlement to severance calculated under Ministry of Labour formula.
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Employment law — termination by retirement v resignation — terminal benefits and severance pay — absence of written conditions of service — application of Ministry of Labour severance formula — year-end bonus not part of terminal benefits.
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6 November 1998 |
| March 1998 |
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Defendant's application to set aside judgment granted; no undue delay and parties to bear their own costs.
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Civil procedure — setting aside judgment — default judgment review — undue delay and prejudice — merits to prevail over procedural technicalities — costs each party to bear.
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18 March 1998 |
| October 1997 |
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Employer liable for false imprisonment and defamation where police arrested and paraded employees at employer's request without charge.
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Employment law — False imprisonment — Employer‑initiated arrest — Police acting as agents of employer; Defamation — Parading employees in handcuffs/public exposure — Publication and damages.
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24 October 1997 |
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Plaintiff recovers hire charges where vehicle owner performed hire in breach of mandatory insurance, but plaintiff lacked knowledge.
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Road Traffic Act, s.59 — mandatory third-party insurance — illegality of contract performance — ex turpi causa non oritur actio — knowledge and participation required to bar recovery for breach.
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16 October 1997 |
| September 1997 |
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Default judgment set aside where detention was unlawfully prolonged and Limitation Act, not post‑Constitution tribunal, governed pre‑commencement claims.
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Civil procedure — setting aside judgment in default — triable issues — wrongful detention — Preservation of Public Security Act — Limitation Act s.4(1), s.22(4) — Constitution Chapter XIII — National Compensation Tribunal — jurisdiction for pre‑commencement actions.
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16 September 1997 |
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A consent order binds only the consenting parties; rescission requires a fresh action or appeal, not a Registrar’s interlocutory setting-aside.
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Civil procedure — Consent orders — Nature of consent judgment as contractual agreement between parties — Privity of contract; cannot bind third parties — Rescission of consent orders requires fresh action or appeal — Registrar lacked jurisdiction to set aside consent order — Disputes over sheriff’s fees to be resolved by Master/taxation.
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15 September 1997 |
| August 1997 |
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Lease required written notice before interest rate increases; interest must be calculated at pleaded 38½% and plaintiff awarded K15,000 (detinue) and K5,000 (trespass).
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Contract/Lease — Variation of interest rate — Written notice required by agreement before increasing rate; Pleadings — interest specifically pleaded must be calculated not merely assessed; Detinue — continuing cause of action — damages for detention recoverable where chattel returned; Trespass — award of compensatory damages.
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19 August 1997 |
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Plaintiff awarded K75,000 for 36 days' false imprisonment; punitive damages denied for lack of evidence.
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False imprisonment — compensatory damages for 36 days' detention — quantum assessed in light of prior awards and currency devaluation — no punitive/aggravated damages for lack of evidence — alternative pleading and absence of defence limited apportionment of liability.
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14 August 1997 |
| June 1997 |
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The applicant awarded K4,630,000 for unconstitutional forfeiture and loss of property.
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Forfeiture and restitution — unconstitutional forfeiture under Forfeiture Act — assessment of fair compensation for land used in business (value to owner and disturbance loss) — valuation of confiscated chattels and award of general damages.
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30 June 1997 |