Results.
104 judgments found.
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| December 1993 |
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Failure to give statutory notice of dishonour under s48 bars summary judgment on a dishonoured cheque.
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Bills of Exchange Act s48 — notice of dishonour — effect of non‑compliance (drawer discharged); Summary judgment — appropriateness where statutory notice not given; Cheque-as-cash principle distinguished where notice absent.
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31 December 1993 |
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A pleading will not be struck out for imprecision if, read as a whole, it discloses a reasonable cause of action.
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Civil procedure — strike‑out of pleadings — Order 18 r.19 — reasonable cause of action — evidence inadmissible on strike‑out — pleadings must be read as a whole — imprecision not fatal — right to amend — rent/mesne profits arising from holding over.
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30 December 1993 |
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Representative action disallowed where employees have separate contracts; aggregating small claims in High Court is not per se abuse.
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Representative actions — employment law — separate severally-entered contracts — no common interest; Abuse of process — aggregation of small claims in High Court not per se abuse; High Court original jurisdiction; amendment and joinder.
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30 December 1993 |
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Representative action cannot be used for separate individual employment contracts; lumping genuine small claims into High Court is not per se abusive.
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Civil procedure — Representative action — Not maintainable where claims arise from separate individual contracts lacking common interest; Abuse of process — Aggregation of genuine small claims in High Court not necessarily abuse; High Court original jurisdiction; Amendment rather than total strike-out.
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30 December 1993 |
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30 December 1993 |
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Court approved defendant's compromise, ordering K7,200 paid and distributed to the widow, mother and minor children.
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Civil procedure — Minor settlements — Order 80, rules 10 and 11 — Court approval required to protect persons under disability — Assessment of benefit to minors — Quantum based on minimum wage and multiplier — Distribution of settlement funds.
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29 December 1993 |
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Court struck out a sham defence as abuse of process and entered judgment for the plaintiff after crediting a partial payment.
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Civil procedure — striking out defence — inherent jurisdiction to prevent abuse of process — sham or frivolous defence — entry of judgment after credit for part payment; Order 18.
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28 December 1993 |
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Plaintiff awarded K3,000 for pain and suffering from non-permanent soft-tissue injuries; no loss of earnings awarded.
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Personal injury — Soft-tissue injuries, cuts and bruises — No permanent incapacity — Non-pecuniary (general) damages for pain and suffering — No loss of earnings or amenities — Quantum K3,000 — Costs on subordinate court scale.
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21 December 1993 |
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Plaintiff awarded K3,000 for pain and suffering from soft tissue leg injuries; no loss of earnings or amenities awarded.
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Personal injury — Non-pecuniary damages for pain and suffering — Soft tissue injuries and cuts without fracture — No permanent incapacity or loss of earning capacity — No award for loss of amenities — Quantum: K3,000; costs on subordinate court scale.
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21 December 1993 |
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Injured labourer awarded K8,000 for pain and K3,000 for loss of earning capacity due to substantial risk to future employability.
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Personal injury — damages for pain and suffering and loss of amenities — award for amputation and ongoing disability; Damages — loss of earning capacity where plaintiff remains employed — test of substantial (not speculative) risk of diminished employability; Quantification of global award using current earnings and expected working life.
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21 December 1993 |
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Award of general damages and loss of earning capacity to a labourer injured at work despite continuing in same employment.
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Personal injury — Workplace accident — Amputation and partial disability — General damages for pain and suffering and loss of amenities — Loss of earning capacity despite continued employment — Substantial (non‑speculative) risk of future job loss — Quantification by reference to earnings and working life.
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21 December 1993 |
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Assessment of loss of dependency using multiplier/multiplicand method; no reduction for remarriage absent evidence.
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Damages—loss of dependency; multiplier and multiplicand method; discounting of future annuities; assessment in absence of defendants; remarriage prospect not proved.
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10 December 1993 |
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Non‑compliance with Order 13 r.8 and Order 47 r.1(3) prevents an automatic stay of execution absent extension or compliance.
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Civil procedure — Stay of execution — Order 13 r.8 — Requirement to issue summons within 14 days — Affidavit and full and frank disclosure required by Order 47 r.1(3) — Section 15 Sheriff Act — Extension of time and "unless" order.
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10 December 1993 |
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7 December 1993 |
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Mandatory interlocutory injunction granted to recover company car from former employee due to risk of irreparable loss.
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Property/owners’ rights — possession by former employee — fringe benefit — mandatory interlocutory injunction — irreparable harm and balance of convenience — vehicle recovery (registration GH 335 F3).
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1 December 1993 |
| November 1993 |
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Plaintiff entitled to recover substitute hire charges as consequential loss despite third‑party arrangements or hirer’s licensing defects.
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Negligence — consequential loss — recovery of substitute vehicle hire charges; evidential sufficiency of hire arrangements; third‑party payments and reimbursements — gratuitous payments not deductible; enforceable third‑party obligations recoverable.
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29 November 1993 |
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Plaintiff may recover substitute vehicle hire costs incurred during repairs caused by the defendant’s negligence.
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Negligence — consequential loss to chattels — recoverability of substitute hire costs — third‑party payments and obligations — credibility of hiring evidence.
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29 November 1993 |
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Summary judgment on dishonoured cheques denied where statement of claim failed to allege notice of dishonour.
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Bills of exchange — dishonoured cheques — notice of dishonour required — defective statement of claim where notice not pleaded — Order 14 affidavit must verify pleaded claim — summary judgment dismissed — unconditional leave to defend.
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19 November 1993 |
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Summary judgment on dishonoured cheques dismissed because notice of dishonour was not pleaded; defendant granted unconditional leave to defend.
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Bills of Exchange — dishonour — notice of dishonour required to establish cause of action; Order 14 summary judgment — affidavit must verify claim and address existence of defence; defective statement of claim precludes summary judgment; unconditional leave to defend.
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19 November 1993 |
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Seizure of a retiree's tools and withholding of pension without authority held unlawful; damages claim dismissed on procedural grounds.
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Administrative law — Judicial review — Ultra vires seizure of tools of trade and withholding of pension — Government loan terms and repayment — Procedural non‑compliance for damages claims (Order 53 r.7) — Order 35 applied where respondents absent.
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18 November 1993 |
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Default judgment set aside where defendant disclosed triable issues despite irregularity and procedural lapses.
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Civil procedure — setting aside default judgment — irregular/premature entry of judgment — Order 13 r 9 — affidavit of merits/triable issues — defendant need not always explain default — discretion exercised despite procedural lapses.
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17 November 1993 |
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A defendant’s prima facie defence based on rejection and redelivery of goods can justify setting aside a default judgment.
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Civil procedure — setting aside default judgment; service and computation of time; statement of claim not required for liquidated claims where writ sufficiently states claim; contract — rejection and redelivery of goods, mitigation and measure of damages; prima facie defence warrants setting aside default judgment.
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15 November 1993 |
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Whether a defendant’s prima facie triable defence justifies setting aside a regular default judgment.
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Civil procedure — setting aside default judgment — service by post (Order 3 r.2) — notice of intention to defend — statement of claim not required for liquidated claim — triable issues/defence (rejection of goods, mitigation/resale) — discretion to allow defence.
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15 November 1993 |
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Plaintiff awarded K2,800 for unpaid allowance, conversion of goods, and defamation following defendant's default.
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Employment — unpaid professional/responsibility allowance; Conversion and trespass to goods — measure of damages (cost at time of conversion); Defamation — damages for injury to credit and reputation; Default judgment — assessment of damages in absence of defendant.
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13 November 1993 |
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Default judgment awarding unpaid allowance, conversion and defamation damages totalling K2,800 to the plaintiff.
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Employment law — unpaid professional allowance; Conversion of goods (break-in and removal) vs trespass — cannot double recover; Defamation — damage to credit and reputation; Default judgment and assessment of damages.
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13 November 1993 |
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A registrar may grant an ex parte stay of execution and impose instalment payment conditions under Order 47 r.1.
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Civil procedure — Order 47 r.1 — Stay of execution — Application after instalment order — Registrar’s jurisdiction to grant ex parte stay and impose conditions — inability to pay.
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12 November 1993 |
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Registrar validly granted an ex parte conditional stay of execution under Order 47(1) despite an existing instalment order.
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Civil procedure — Stay of execution — Order 47 r.1 — Registrar's jurisdiction to grant ex parte stays and impose conditions — Payment by instalments — Distinction from section 11(c)(x) applications.
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12 November 1993 |
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Summary judgment refused where defence amounted to confession and avoidance, not a clear admission of liability.
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Civil procedure — Summary judgment under Order 27 r.3 — Admissions in defence — Requirement of plain and unambiguous admission — Confession and avoidance — Pleadings to be read as a whole.
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11 November 1993 |
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The respondent driver failed to yield at a give-way and was negligent; the applicant recovered damages and costs.
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Road traffic — intersection governed by give-way signs — duty to yield and take proper lookout — credibility of independent witness — negligent pull-out causing collision — contributory negligence de minimis — damages for hire of replacement vehicles.
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4 November 1993 |
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An ex parte dismissal was set aside and the action restored where security for costs had been paid into court and the dismissal could be reconsidered under Order 32 r.6.
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Civil procedure — Security for costs — Payment into court — No rule requiring notification to opposing party — Ex parte dismissal — Order 32 r.6: setting aside on proof of new facts or for justice — Restoration of action.
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3 November 1993 |
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Summary judgment on dishonoured cheques dismissed for failure to plead notice of dishonour as required by the Bills of Exchange Act.
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Civil procedure — Summary judgment (Order 14) — Bills of exchange/cheques — Requirement to plead notice of dishonour under s.48 of the Bills of Exchange Act — Failure to plead notice means no cause of action; summary judgment dismissed.
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2 November 1993 |
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A direct claim against an insurer fails where the policy and statute exclude employee injuries arising in the course of employment; action dismissed as abuse of process.
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Road Traffic Act s65A(1) — direct action against insurer; policy exclusions and s62A — employee injuries arising in course of employment excluded from cover; Order 80 r11 — court approval of settlements for persons under disability (not for disapproval); abuse of process — striking out proceedings.
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2 November 1993 |
| October 1993 |
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Plaintiff awarded damages for severe workplace injuries: substantial compensation for pain, loss of amenities and reduced earnings; special damages denied.
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Personal injury — assessment of damages — general damages for pain and suffering and loss of amenities — calculation of loss of earnings using multiplier/multiplicand and working life to 55 — award of unpleaded past/future earnings loss — unproved special damages dismissed.
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29 October 1993 |
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Summary possession under Order 113 inappropriate where factual disputes or estate interests require a trial.
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Possession proceedings — Order 113 originating summons — dispute of fact on occupation/licence of predecessor in title — potential proprietary interest via deceased owner's estate — summary procedure inappropriate — convert to writ under Order 28 r 8.
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27 October 1993 |
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Whether the defendant's affidavit disclosed factual grounds for a defence sufficient to set aside a default judgment.
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Civil procedure — setting aside default judgment — affidavit of merit required — allegations must raise facts from which a defence or triable issue can be inferred; Appropriation/approbation — application for instalments does not necessarily constitute approbation; Defence of payment — must be supported by evidence in affidavit; Court may allow supplementary affidavit where initial affidavit is deficient.
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25 October 1993 |
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Whether an applicant's affidavit discloses factual grounds for a defence on the merits is decisive in setting aside a default judgment.
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Civil procedure — Setting aside default judgment — Primary consideration is whether affidavit discloses a defence on the merits by raising facts from which a triable issue can be inferred; mere allegations (fraud, denial, payment, illegality) without factual particularity are insufficient; instalment orders do not necessarily amount to approbation; court may permit supplementary affidavit.
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25 October 1993 |
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Assessment and award of general damages for severe, permanently disabling injuries to a young student, including disfigurement and loss of earning capacity.
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Damages — personal injury — assessment of general damages (pain and suffering, loss of amenities) — disfigurement — loss of earning capacity — medical evidence of permanent incapacity — young student; multiplier/multiplicand approach inappropriate.
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19 October 1993 |
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Whether the applicant-insurer can be sued directly by the plaintiff passenger under section 65(A) when policy excludes passengers.
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Road Traffic Act s65(A) — direct action by third-party against insurer; sections 61 and 62 — policy requirements and passenger exclusion; privity of contract; insurer removed as party under Order 6 r.2.
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19 October 1993 |
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Whether a passenger may sue an insurer directly under s65A when the policy excludes passenger liability.
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Road Traffic Act s65A — direct action against insurer; privity of contract; policy exclusions for passengers; statutory requirements (s61) for cover.
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19 October 1993 |
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Insurer struck out where plaintiff failed to plead a Part 5 policy or statutory right of direct action under Section 65(A).
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Road Traffic Act — definition of "road" includes railway line for Act purposes; "vehicle" vs "motor vehicle" distinction — pushing trolley may not be a "motor vehicle"; insurer liability — direct action against insurer requires a Part 5 policy or a statutory right under Section 65(A); procedural — striking out an erroneously joined defendant under Order 15 r.6(2).
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14 October 1993 |
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Stay of execution refused because respondent’s assets meant a successful appeal would not be nugatory.
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Civil procedure — Stay of execution pending appeal — Whether appeal will be nugatory — Court’s discretion to protect successful litigant’s entitlement — Payment into court as protective condition.
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14 October 1993 |
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Court awarded K13,780 for loss of dependency under s.7, allocated among the widow, five children and a sister-in-law.
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Wrongful death — Loss of dependency under s.7 Statute Law (Miscellaneous Provisions) Act — Quantum based on deceased’s net salary and agreed dependency fraction — Default judgment enforcement — Distribution of award among widow and dependents.
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6 October 1993 |
| September 1993 |
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Non-compliance with prescribed originating summons form and service requirements warrants dismissal; plaintiff may refile correctly.
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Civil procedure — Originating summons — Non-compliance with Orders 7 and 28 — Prescribed form and acknowledgement of service required — Court will not restore defective pleadings — Dismissal with costs; liberty to refile.
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24 September 1993 |
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Employer held liable for false imprisonment, malicious prosecution and defamation; counterclaim mostly dismissed for lack of primary evidence.
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Employment law — False imprisonment and malicious prosecution — Employer's active role in reporting to police can give rise to liability; defamation — calling employee a thief actionable per se; evidence — secondary/photocopy ledger insufficient to prove debt.
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17 September 1993 |
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Conviction for theft by public servant quashed where prosecution evidence was inconsistent and failed to disprove accused's explanation.
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Criminal law — Theft by public servant — Section 283(1) presumption — burden and standard of proof — sufficiency of prosecution evidence — hearsay and missing witnesses — reasonable doubt — quashing conviction.
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14 September 1993 |
| August 1993 |
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Court refused to discharge interlocutory injunction where defendant had notice but no inter partes hearing and irreparable harm risk existed.
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Interlocutory injunction — ex parte v inter partes — notice and absence of hearing — discharge of injunction under Order 29/1/17 RSC — preservation of status quo — irreparable harm — disputes of fact not resolvable on affidavits.
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27 August 1993 |
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Fixed-term lease expired; tenant in arrears; no unlawful subletting; landlord entitled to immediate possession and costs.
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Landlord and tenant — fixed-term lease — automatic expiry on term end; no notice to quit required — non-payment of rent justified forfeiture of tenancy; covenant against subletting not breached where tenant retained possession; third-party claim does not permit tenant to withhold rent.
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26 August 1993 |
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Enforcement adjourned; sale of debtor’s house refused pending taxation of plaintiff’s bill of costs and resolution of set‑off.
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Civil procedure — execution and stay — payment by instalments — set‑off where opposing party has un‑taxed bill of costs — taxation of costs before enforcement — sale of debtor’s property — fairness in interim enforcement orders.
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26 August 1993 |
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Applicant lacked locus standi to set aside the respondent's default judgment; interpleader was the proper remedy for seized goods.
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Locus standi; Order 13 Rule 9; setting aside default judgment; third‑party interest; wrongful seizure; interpleader; procedural requirements for intervention.
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24 August 1993 |
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A non‑defendant firm lacked locus standi to set aside a default judgment against a limited company; proper remedy was notice of claim or intervention.
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Civil procedure — Default judgment — Locus standi of third parties to apply to set aside — Order 13 Rule 9 — Inherent jurisdiction to prevent substantial injustice — Wrongful seizure of third‑party goods; notice of claim and intervention remedies.
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24 August 1993 |