All courts - 1997 June

3 judgments
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3 judgments
Citation
Judgment date
June 1997
The applicant awarded K4,630,000 for unconstitutional forfeiture and loss of property.
Forfeiture and restitution — unconstitutional forfeiture under Forfeiture Act — assessment of fair compensation for land used in business (value to owner and disturbance loss) — valuation of confiscated chattels and award of general damages.
30 June 1997
Driver’s failure to keep proper lookout when turning caused collision; plaintiff awarded K50,000, loss-of-earnings claim dismissed.
Road traffic accident – Negligence – Duty to keep proper lookout when turning right – vicarious liability of employer – loss of earnings claim dismissed for lack of causal proof – general damages awarded K50,000.
25 June 1997
Reviewing court adjusted sentences for burglary and bicycle theft, applying guideline starting points and aggravation/mitigation principles.
Sentencing — Burglary: six-year starting point; mitigation (guilty plea, first offender, youth) can reduce to ~3 years; aggravation (acting in concert, planning, violence) increases sentence — Theft of bicycle: six months manifestly inadequate; appropriate sentence 18 months — Review of sentence for manifest inadequacy/excessiveness.
25 June 1997