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Citation
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Judgment date
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| July 1987 |
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30 July 1987 |
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30 July 1987 |
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30 July 1987 |
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Mechanic who removed a client's mill for repair and failed to return it held liable for its K3,500 value.
Tort—detention/conversion of goods delivered for repair; proof on balance of probabilities; credibility of documentary evidence; valuation of second-hand machinery for damages.
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22 July 1987 |
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Employer lawfully dismissed employee for taking employer property; toolbox claim lacked evidence and also failed.
Employment law – wrongful dismissal – theft of employer's property – misconduct – circumstantial and testimonial evidence – weight of written statement – burden on balance of probabilities; claim for employee's toolbox – insufficient evidence of retention by employer.
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22 July 1987 |
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22 July 1987 |
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Decree nisi granted where petitioner proved cruelty causing serious injuries; custody and maintenance adjourned.
Family law – Divorce – Cruelty – Standard of proof higher than ordinary civil standard – Cruelty requires injury or reasonable apprehension of injury – Medical evidence supporting allegations of assault – Decree nisi granted – Custody and maintenance adjourned.
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13 July 1987 |
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Adultery inferred from cohabitation and opportunity justified dissolution; applicant awarded custody and costs.
Family law – Divorce – Adultery – Proof by inference from cohabitation, association and opportunity; condonation and collusion; custody and access; costs.
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13 July 1987 |
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Whether the respondent’s violent conduct (assaults and forced removal) constituted cruelty justifying dissolution of the marriage.
Family law – Divorce – Cruelty – Physical assault and forced removal at night constitute cruelty; standard of proof higher than balance of probabilities; condonation and provocation defences rejected – Decree nisi and costs awarded – Existing custody order to be addressed separately.
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2 July 1987 |