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Citation
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Judgment date
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| November 1989 |
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23 November 1989 |
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Whether an application to amend pleadings, accounting particulars and documentary evidence affected the bank’s counterclaim and liability.
Civil procedure – amendment of pleadings – leave to amend after evidence – objections during trial; Banking accounts – counterclaim accounting – effect of further and better particulars and ledger errors; Pleadings – joint versus several liability; Evidence – admissibility and weight of appellant’s cash book (exhibit); Costs – apportionment where appeal partly succeeds.
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6 November 1989 |
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Court upheld a conditional interlocutory injunction requiring payment into court and affirmed the judge's discretion on costs.
Civil procedure – interlocutory injunction – conditional injunction – payment into court as condition – costs in the cause – judicial discretion – pleadings and interlocutory orders; authority distinguishing final judgment on unpleaded facts.
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6 November 1989 |
| May 1989 |
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12 May 1989 |
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12 May 1989 |
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12 May 1989 |
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Employer liable where employees’ charging of the appellant induced six-day police detention; aggravated damages and High Court costs awarded.
Torts — False imprisonment — Distinction between giving information and making a charge to police — Employer liability for employees who proffer a charge — Aggravated damages for mala fide conduct — Costs: High Court scale where action substantial.
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12 May 1989 |
| April 1989 |
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Application for extension of time to appeal dismissed: six‑month unexplained delay and inadequate affidavit failed statutory requirements.
Appeal—extension of time—section 23(2) Supreme Court of Appeal Act—Order 3 r.4—requirement of good and substantial reasons and prima facie meritorious grounds—inordinate six‑month delay—application dismissed with costs.
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21 April 1989 |
| March 1989 |
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Appellant's challenge to surety liability fails: refund to contractor was a forbearance within a single-transaction guarantee.
Suretyship – construction of bond – contract of guarantee (not insurance) – single-transaction guarantee – refund/clawback as adjustment of original advance – scope of forbearance/forgiveness in bond – surety liability up to bond amount.
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20 March 1989 |
| February 1989 |
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14 February 1989 |
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14 February 1989 |
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14 February 1989 |