Results.
6 judgments found.
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| March 1996 |
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Appeal allowed where identification parade was defective, pre-parade exposure occurred, and visibility was poor.
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Identification evidence — Defective identification parade (conducted by investigating constable) — Pre-parade viewing/suggestiveness — Poor visibility at dawn — Lack of descriptive particulars — Identification evidence unsafe
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29 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 |
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High Court confirmed concurrent sentences but found them inadequate, affirmed DPP's right to appeal sentencing on questions of law.
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Sentencing — Breaking into building (s311 Penal Code) — Adequacy of sentence; starting point three years — Multiple offences as aggravation — DPP right to appeal on question of law (s346 Criminal Procedure and Evidence Code) — Delay in review process undermining remedy
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5 March 1996 |