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Citation
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Judgment date
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| November 1987 |
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Divorce granted where respondent’s adultery (evidenced by a child) and physical cruelty were proven; applicant awarded custody and costs.
Divorce — adultery — proof: birth of child as evidence of intercourse; Cruelty — physical assault and medical treatment; Undefended petition — consideration of collusion; Decree nisi granted; Custody and costs awarded to applicant.
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30 November 1987 |
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20 November 1987 |
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20 November 1987 |
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Overtaking driver and employer liable; plaintiff awarded K4,500; motorcycle damage not proved.
Road traffic — Overtaking duty and negligence; vicarious liability of employer; proof of special damages for vehicle loss; assessment of general damages for permanent partial incapacity.
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16 November 1987 |
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Applicant recovered K6,500 paid to respondent for an undelivered maize mill following failure of consideration.
Contract – oral agreement to purchase goods – money had and received – failure of consideration – judgment in default of defendant’s attendance; evidence: paid cheque.
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16 November 1987 |
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Petitioner failed to prove respondent's adultery; cross-petition dismissed for non-service; petitioner ordered to pay costs.
Family law — Divorce — Proof of adultery — Credibility of witnesses — Procedural requirements for service under Rule 17(3) Matrimonial Causes Rules 1950 — Dismissal for non-service; costs awarded against unsuccessful petitioner.
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11 November 1987 |
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An amendment adding a new cause of action was refused because it did not arise from the same or substantially the same facts.
Civil procedure – Amendment of pleadings – Addition or substitution of new cause of action – Order 20 rule 5 – New cause must arise from same or substantially same facts – Burden on applicant to show identity of facts – Amendment not automatic.
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6 November 1987 |