Results.
527 judgments found.
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| June 1997 |
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Driver’s failure to keep proper lookout when turning caused collision; plaintiff awarded K50,000, loss-of-earnings claim dismissed.
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Road traffic accident — Negligence — Duty to keep proper lookout when turning right — vicarious liability of employer — loss of earnings claim dismissed for lack of causal proof — general damages awarded K50,000.
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25 June 1997 |
| May 1997 |
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Claim for unpaid transport services allowed; debts awarded with interest at ordinary savings rate from action commencement and costs.
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Contract and debt recovery — proof of agreement and invoices; Interest on overdue commercial debts — discretionary award and appropriate rate (ordinary savings deposit rate); Foreign currency invoices — conversion into Malawi Kwacha on payment; Civil procedure — substituted service and proceeding in defendant's absence.
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19 May 1997 |
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Whether exemplary and compensatory damages are awardable for false imprisonment by a political party and how to quantify them.
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False imprisonment; exemplary (punitive) damages; Rookes v Barnard categories; liquidated vs unliquidated claims; assessment and quantum of damages; political party liability.
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8 May 1997 |
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Newspaper publication lowered the plaintiffs’ reputations; each awarded K15,000 where no privilege and defendant defaulted.
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Defamation — newspaper publication — reputational harm — assessment of general damages (circulation, ability to clear character, defendant’s conduct) — confidentiality of source not a privilege to excuse defamatory publication.
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6 May 1997 |
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Court awarded differing general damages for two injured child passengers but declined future loss of earnings without supporting evidence.
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Damages — Quantum of general damages for pain, suffering, loss of amenities and disfigurement — Assessment based on medical reports and visibility/severity of scars; Future loss of earnings — requirement of evidence of impairment to earning capacity; liability admitted.
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6 May 1997 |
| March 1997 |
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Government’s forfeiture and conversion of plaintiff’s property entitled plaintiff to damages assessed at market value at judgment date.
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Forfeiture Act — constitutional challenge; conversion of property by the State; limitation statute — when action not statute-barred; measure of damages for conversion — market value at date of judgment; rescission of forfeiture order but failure to return property.
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10 March 1997 |
| February 1997 |
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Failure to comply with prescribed originating-summons forms and acknowledgement requirements bars restoration; application dismissed with costs.
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Civil procedure — Originating summons — Failure to comply with Orders 7 and 28 of the Rules of the Supreme Court — Prescribed forms (Form No. 8, 10, 11) and acknowledgement of service required — Court will not restore defective pleadings — Application dismissed with costs.
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6 February 1997 |
| January 1997 |
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Plaintiff owned the car; forfeiture against husband did not vest wife's separately owned vehicle in Government, judgment for conversion entered.
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+ Civil procedure — Judgment on admissions (Order 27 Rule 3) — admissions must be clear and unequivocal
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Forfeiture Act — vesting of property — only vests property of person subject to forfeiture order in Administrator General
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+ Property law — Married Women’s Property Act — married woman may have separate property distinct from husband
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+ Conversion — sale of property seized under forfeiture where ownership belonged to non-subject person gives cause for damages
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30 January 1997 |
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Forfeiture order was unlawful and unconstitutional because the plaintiff was deprived of property without compensation or opportunity to be heard.
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Forfeiture law — Ministerial power to forfeit property — Procedural fairness and right to compensation — UN Universal Declaration and constitutional protections — Legal disability under forfeiture and effect on limitation.
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22 January 1997 |
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Whether the respondent electricity supplier negligently reconnected power, causing fire and compensable loss.
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Tort — Negligence — Duty of care and proximity — Electricity supplier’s liability for fires from arcing and short‑circuiting; res ipsa loquitur applicable where defendant had sole control and offered no adequate explanation
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Evidence — Lay eyewitness testimony on sparks/arcing admissible and can be preferred to a weak technical witness
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Damages — Recovery for property destruction, house replacement and lost rentals; interest on damages not recoverable under Malawi law
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16 January 1997 |
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Conditional surrender invalidated sale; sale without consent amounted to conversion, netting a small judgment after set-off.
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Civil law — Conversion of chattels — Repossession versus sale — conditional surrender — set-off of employer’s counterclaim for unpaid advances, insurance and notice pay — assessment of damages and loss of use.
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8 January 1997 |
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Political party liable for on-site assault and short-term detention; State vicariously liable for prolonged police custody and malicious prosecution.
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Tort — False imprisonment; Assault and battery; Malicious prosecution; Vicarious liability of State for police conduct; Liability of political party for acts of office-bearers; Apportionment of liability between independent tortfeasors; Pleading requirements for special damages.
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8 January 1997 |
| December 1996 |
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Whether damages for conversion are assessed at conversion date or judgment date when defendant unlawfully detains goods.
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Torts — Conversion: accrual at date of conversion; measure of damages generally value at conversion; value at judgment recoverable where defendant's continued detention causes loss; award of general damages for detention.
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17 December 1996 |
| November 1996 |
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Plaintiff awarded aggravated damages for widely broadcast defamatory imputation of unchastity by political actors; defendants found malicious and liable.
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Defamation — imputation of unchastity — publication by live and rebroadcast via national broadcaster — party responsibility for broadcasts — aggravated/exemplary damages where defendants act with malice, fail to apologise and control publication — failure to give defence evidence — assessment of damages.
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29 November 1996 |
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Compound interest at the bank/minimum lending rate plus 1% awarded on a commercial debt from 1 November 1994 until payment.
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Interest — Commercial debt — Compound interest awarded — Rate: bank/minimum lending rate plus 1% — Interest from 1 November 1994 until payment — Costs awarded.
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28 November 1996 |
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Plaintiff entitled to possession via Administrator General allocation; defendants lacked title or adverse possession.
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Land — Possession proceedings under Order 11 RSC; originating summons against trespassers; title via Administrator General allocation; adverse possession requirements; hearsay inadmissible; municipal licences do not convey title.
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5 November 1996 |
| October 1996 |
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Defendant vicariously liable for driver’s negligence in striking cyclist; damages awarded for personal injury.
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23 October 1996 |
| September 1996 |
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Belated application to set aside default judgment denied where no acceptable explanation for delay beyond Order 35 Rule 2.
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Civil procedure — setting aside default judgment — Order 35 Rule 2 (seven-day time limit) — extension of time — need for acceptable explanation for delay — discretion not exercised where delay unexplained.
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26 September 1996 |
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Whether "basic pay" in the Wages Order means hourly pay and overtime is payable at one-and-a-half times the hourly rate.
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Wages Order interpretation — "basic pay" construed as hourly rate; overtime payable at 1.5 times hourly rate; interest on wage arrears only where claim is a debt; costs each party to bear.
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11 September 1996 |
| August 1996 |
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An unverified creditor letter to an employer was defamatory; qualified privilege failed due to lack of corresponding interest and malice.
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Defamation — publication to employer; vicarious liability for agent's publication; qualified privilege — absence of corresponding interest; malice defeats privilege; apology as mitigation; compensatory damages awarded.
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27 August 1996 |
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The plaintiff shot and beaten by police was awarded K60,000 for pain, suffering and loss of amenities.
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Assessment of damages — police shooting and beating — pain and suffering; loss of amenities; default judgment; comparative awards to fix quantum.
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16 August 1996 |
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Plaintiff succeeded on a claim of false imprisonment and degrading treatment; a related-file settlement did not bar relief.
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False imprisonment — unlawful post-release detention — degrading treatment and intrusive searches — detainee access to International Committee of the Red Cross — related-file settlement not dispositive.
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15 August 1996 |
| July 1996 |
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Originating summons inappropriate because substantial factual disputes about the applicant's interdiction and alleged defamation require proceedings by writ.
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Public Service interdiction — Section 27(1)(a) Public Service Act — Originating summons v writ (Order 5 rule 4) — Substantial disputes of fact — Alleged defamation and damages — Procedural requirement for trial where affidavits insufficient.
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19 July 1996 |
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Reinstated employees entitled to commuted leave pay as "salary" under consent order; non-contractual allowances not payable.
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Employment law — reinstatement and assessment of back-pay — interpretation of consent order — commutation of leave pay as contractual "salary" — non-contractual allowances not recoverable — deduction limited to terminal benefits/ex-gratia/gratuity and specified sums — burden on employer to prove failure to mitigate.
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19 July 1996 |
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18 July 1996 |
| June 1996 |
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Applicant awarded K4,000 for false imprisonment; court limited relief to pleaded claims and refused loss-of-employment damages.
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False imprisonment — exemplary damages — damages limited to pleaded causes — prolonged detention without court appearance — denial of medical treatment in custody — assessment of quantum.
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28 June 1996 |
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Seller fulfilled delivery under a lump-sum sale; a signed invoice bound the purchaser, awarding judgment and interest to the plaintiff.
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Contract of sale — sale of selected stock for lump-sum price — signed invoice binding purchaser — unsigned internal records (IGRS/L.P.O.) inadmissible as proof of delivery — delivery obligation satisfied — interest for delayed payment.
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7 June 1996 |
| May 1996 |
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Unlawful 18-month detention and unhygienic prison conditions entitled the applicant to K180,000 damages and costs.
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False imprisonment — detention without explanation — overcrowded and unsanitary prison conditions — aggravation of damages — hearsay insufficiency for special damages — failure to comply with disclosure — general traverse inadequate.
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28 May 1996 |
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Assessment of damages for death by defendant's agent: conventional solatium, dependency, vehicle loss and loss-of-use awards.
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Negligence — assessment of damages for wrongful death — conventional award for loss of expectation of life — calculation of loss of dependency (wages, allowances, retirement prospects) — special damages for destroyed motor vehicle and loss of use — apportionment among dependants; exclusion of adult children.
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17 May 1996 |
| April 1996 |
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Summary judgment refused due to genuine disputes on interest, timing, contract divisibility and payment acceptance.
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Civil procedure — summary judgment — genuine disputes of fact — agreement on interest on overdue payments — time of the essence — divisible contract — legal effect of counsel accepting payment and remitting bank draft; remedy against carrier for late arrival of goods.
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23 April 1996 |
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Contractor entitled to contractual interest; bank charges not recoverable and payment into local account limited remedies.
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Contract construction — entitlement to interest on overdue payments; recoverability of bank charges and deductions; payment into wrong account — effect on entitlement; applicability of arbitration clause.
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3 April 1996 |
| March 1996 |
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Foreign medical expenses not pleaded are excluded; plaintiff awarded K138,000 for injuries and lost earnings.
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Personal injury — Assault and battery by police — Damages — Distinction between general and special damages — Need for pleading and proof of foreign medical treatment expenses — Loss of earnings where income particulars absent.
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25 March 1996 |
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The respondent employer was liable for the applicant’s injuries caused by a faulty concrete mixer; damages to be assessed.
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Employer’s duty to provide and maintain safe plant and equipment — negligence for permitting use of defective concrete mixer — credibility and weight of witness testimony — contributory negligence assessed in employment context — damages to be assessed by Registrar.
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22 March 1996 |
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Whether the plaintiff was entitled to salary arrears and three months' notice pay after suspension and unilateral termination.
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Employment law — suspension — entitlement to salary during suspension — unilateral termination/abolition of employment — salary in lieu of notice — assessment on uncontested evidence and employer's computation.
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20 March 1996 |
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Applicant interdicted without pay awarded lump‑sum back pay to trial date and costs.
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Employment law — interdiction (suspension without pay) — entitlement to back pay — assessment of damages as lump sum at date of trial — default judgment and assessment proceedings.
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13 March 1996 |
| February 1996 |
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Court allowed hearing in counsel's absence and refused late affidavits, directing defendant's counsel to address plaintiff's counsel and inspect the record.
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Civil procedure — summary judgment on admissions — proceeding in absence of counsel under Order 32 — late affidavits and adducing new evidence — duty of counsel and case management to prevent delay.
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22 February 1996 |
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Judicial review inappropriate where vehicle detention arises from contractual dispute; applicant must pursue ordinary action against respondent.
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Judicial review — Order 53 — public law versus private law rights — seizure of vehicle under contractual hire/lease — suitability of judicial review where factual disputes exist — conversion to writ proceedings; affidavits to be treated as pleadings.
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21 February 1996 |
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Employer held vicariously liable for false imprisonment where police acted on employer's charge without reasonable suspicion; defamation dismissed.
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Tort — False imprisonment — Arrest effected by police at employer's instance — distinction between giving information and making a charge — vicarious liability of employer; Defamation — whether words were capable of defamatory meaning — expressions of suspicion versus allegations of guilt.
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19 February 1996 |
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Plaintiff awarded taxed costs (K24,913.70); court held Bulluck authority permits recovery of taxed bill involving a successful co-defendant.
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Costs — Taxed costs — Entitlement to recover taxed bill — Effect of successful co-defendant — Bulluck v London General Omnibus Co. authority.
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15 February 1996 |
| January 1996 |
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25 January 1996 |
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Assessment of wrongful-death dependency damages using Cookson v Knowles method; K15,400 awarded and apportioned to dependants.
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Wrongful-death damages — assessment under Law (Miscellaneous Provisions) Act — use of Cookson v Knowles multiplicand/multiplier approach — multiplicand accepted as net sums actually provided — pre-trial and post-trial calculation — apportionment among dependants — costs awarded after default.
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10 January 1996 |
| December 1995 |
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Custodial assault and ill-treatment attract damages; lawful arrest under an objectionable law did not automatically amount to false imprisonment.
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False imprisonment — lawful arrest under objectionable law; Assault and inhuman treatment in custody — damages; Loss of profits — damages assessed; Article 138(1) Constitution — National Compensation Tribunal and forum choice.
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29 December 1995 |
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Assessment of damages after default judgment for injuries from a police shooting; plaintiff found credible and awarded compensation.
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Assessment of damages — default judgment — police shooting — personal injury — credibility of witness evidence — quantum for pain, suffering, loss of amenities and earning capacity — costs.
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19 December 1995 |
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Repeated state detention tolled limitation; plaintiff entitled to repayment for duress, pension recalculation, and exemplary damages for false imprisonment.
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Limitation Act s25 (fraud/concealment) — tolling of limitation by continuous state detention; Duress and money had and received — extorted payments repayable with interest; Pension law — entitlement and re‑calculation of employer and employee contributions; False imprisonment — prolonged administrative detention, neglect of medical care, exemplary damages; Detention orders and unlawful administrative detention.
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5 December 1995 |
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Application to set aside default judgment dismissed where defendant had already vacated premises and no award for mesne profits existed.
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Civil procedure — Default judgment — Setting aside under Order 13 Rule 9 — Discretion guided by Evans v Bartlam — Defendant must show a defence with a real prospect of success — No need to set aside judgment where relief (possession) already achieved — Damages/mesne profits cannot be assessed absent an award.
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1 December 1995 |
| November 1995 |
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Defendant liable for cancellation of school-supply orders; plaintiff awarded loss-of-profits K423,970.75 for 89,257 undelivered boxes.
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Contract — repudiation/cancellation of purchase orders — measure of damages: loss of profits versus market-price under Sale of Goods Act; requirement of a genuine available market; assessment of quantum based on reasonably established production cost; rejection of inadequately pleaded loss of chance.
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28 November 1995 |
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Court awarded the plaintiff K7,000 for personal injuries: K3,000 for loss of earning capacity and K4,000 for pain and suffering.
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Personal injury — assessment of damages — fractured arm and scalp lacerations — hospitalization and visible scarring — loss of earning capacity; pain, suffering and loss of amenities — absence of medical report not fatal to finding ongoing disability.
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22 November 1995 |
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Court disallowed post-evidence amendment of a default judgment and made modest awards for personal injury and dependency based on limited evidence.
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Civil procedure — amendment of default judgment after evidence — amendment disallowed where it would correct evidential defect and be inequitable; Assessment of damages — credibility of medical and oral evidence; Personal injury damages; Loss of dependency calculation and assumptions; Costs awarded to successful plaintiffs.
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22 November 1995 |
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Court refused full stay pending appeal, ordered K20,000 paid and K15,000 deposited into court pending appeal.
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Civil procedure — Stay of execution pending appeal — Order 59 r.13 — Discretionary stay — Burden on applicant to show irrecoverability of funds — Partial payment and balance paid into court as security pending appeal.
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20 November 1995 |
| October 1995 |
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Plaintiff awarded K45,000 for 21-day false imprisonment after defendant withdrew its defence; costs to plaintiff.
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False imprisonment — assessment of damages — withdrawal of defence and entry of judgment under court rules — comparative awards and currency devaluation — 21 days' detention; police cell conditions; costs awarded to plaintiff.
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26 October 1995 |