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Citation
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Judgment date
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| August 1997 |
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On review the court increased burglary and theft sentences, applying precedent starting‑point principles and considering rural impact.
Sentencing — Burglary — Review of inadequate sentence — Established starting point for burglary (six years) subject to scaling — Consideration of offender's circumstances and rural impact of theft.
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25 August 1997 |
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Lease required written notice before interest rate increases; interest must be calculated at pleaded 38½% and plaintiff awarded K15,000 (detinue) and K5,000 (trespass).
Contract/Lease – Variation of interest rate – Written notice required by agreement before increasing rate; Pleadings – interest specifically pleaded must be calculated not merely assessed; Detinue – continuing cause of action – damages for detention recoverable where chattel returned; Trespass – award of compensatory damages.
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19 August 1997 |
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Plaintiff awarded K75,000 for 36 days' unlawful imprisonment; no punitive damages; defendants to pay costs.
Tort – False/unlawful imprisonment; assessment of general damages for detention; impact of currency devaluation on quantum; absence of evidence for punitive/aggravated damages; alternative pleading and absence of defence affecting apportionment of liability.
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14 August 1997 |
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Plaintiff awarded K75,000 for 36 days' false imprisonment; punitive damages denied for lack of evidence.
False imprisonment — compensatory damages for 36 days' detention — quantum assessed in light of prior awards and currency devaluation — no punitive/aggravated damages for lack of evidence — alternative pleading and absence of defence limited apportionment of liability.
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14 August 1997 |
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Strike-out on Limitation Act grounds denied where neither party filed evidence on whether the claim was time-barred.
:[
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13 August 1997 |