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Citation
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Judgment date
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| September 1997 |
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Whether the Speaker validly declared a seat vacant for floor‑crossing and whether cabinet appointment vacated the seat by operation of law.
Constitutional law — parliamentary seat vacancy — section 65(1) floor‑crossing — precedent fact — judicial review of Speaker’s decisional basis — parliamentary privilege — public office/public appointment — Cabinet membership disqualifies MP; vacancy by operation of law (sections 51, 63, 88(3)).
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30 September 1997 |
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Assessment of damages for severe personal injuries, disfigurement, future surgery and reduced earning capacity after conceded liability.
Damages — personal injury — assessment of non-pecuniary (pain, suffering, loss of amenities) and pecuniary losses — disfigurement award — future medical expenses (overseas plastic surgery) — loss of earning capacity where prospect of future disadvantage exists.
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18 September 1997 |
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17 September 1997 |
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Court granted injunction and trespass judgment but declined declaratory relief without an enquiry; damages to be assessed.
Civil procedure — judgment on summons in default — court’s discretion to refuse judgment; Declaratory relief — caution against granting declarations without evidence or enquiry; Injunctions — registrar lacks jurisdiction to grant final injunctions; Trespass — remedy and damages assessment.
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17 September 1997 |
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Default judgment set aside where detention was unlawfully prolonged and Limitation Act, not post‑Constitution tribunal, governed pre‑commencement claims.
Civil procedure – setting aside judgment in default – triable issues – wrongful detention – Preservation of Public Security Act – Limitation Act s.4(1), s.22(4) – Constitution Chapter XIII – National Compensation Tribunal – jurisdiction for pre‑commencement actions.
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16 September 1997 |
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Measure of damages for total destruction of a chattel is its market/replacement value as a going concern; no separate loss-of-earnings award.
:[
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16 September 1997 |
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Assessment of damages after a road accident: award for pain, future arthritis, and reduced earning capacity; some special claims disallowed.
Motor‑vehicle accident — assessment of damages — general damages for pain, suffering and loss of amenities; post‑traumatic arthritis prognosis — award. Loss of earning capacity — award where substantial prospect exists despite no current loss of earnings. Special damages — requirement of proof and party entitlement (wife’s expenses disallowed)
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16 September 1997 |
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Plaintiff shot by police awarded damages for permanent hand disability, domestic help, and pain and suffering.
Tort — State liability for police shooting; assessment of damages for personal injury — pecuniary damages (future domestic assistance) and non‑pecuniary damages (pain, suffering, loss of amenities); use of medical evidence to assess permanent disability.
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16 September 1997 |
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Summary judgment granted against a respondent who admitted accommodation-party liability; holder’s knowledge is no defence.
Bills of Exchange – accommodation party – liability to holder for value irrespective of holder’s knowledge – notice of dishonour endorsement – summary judgment under Order 14 where no triable issue.
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15 September 1997 |
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A consent order binds only the consenting parties; rescission requires a fresh action or appeal, not a Registrar’s interlocutory setting-aside.
Civil procedure – Consent orders – Nature of consent judgment as contractual agreement between parties – Privity of contract; cannot bind third parties – Rescission of consent orders requires fresh action or appeal – Registrar lacked jurisdiction to set aside consent order – Disputes over sheriff’s fees to be resolved by Master/taxation.
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15 September 1997 |
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Assessment of damages for inducement of breach: oral proof of loss acceptable; plaintiff awarded K31,500 special and K30,000 general damages.
Tort — inducement of breach of contract; default judgment and concession of liability; proof of loss by oral evidence; measure of damages for inducement of breach; mitigation burden on defendant; exemplary damages considered (Rookes v Barnard).
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14 September 1997 |