All courts - 2000 November

3 judgments
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3 judgments
Citation
Judgment date
November 2000
Detention pending removal unlawful; transfer and mutual assistance Acts don't permit removal of an unconvicted person.
Constitutional right to liberty – detention and release (s42(2)(e)) – distinction between release and bail; Transfer of Offenders Act 1991 – applies to convicted prisoners only; Mutual Assistance in Criminal Matters Act 1991 – scope limited to witnesses/prisoner transfers; unlawful arrest – requirement to produce documentary proof of foreign request; extradition procedures and legality of removal; seized property – procedural requirements for recovery.
16 November 2000
Employer vicariously liable for bus driver's negligence; plaintiff awarded K100,000 reduced for 20% contributory negligence.
13 November 2000
Injunction refused: bank's demand notices and statutory sale powers complied with the Registered Land Act; damages and Registrar powers are adequate remedies.
Registered Land Act — sections 60(2), 68 and 71 — validity of demand notices and default; effect of indulgence on notice; mode of sale (auction v private contract); Registrar approval and consequences of irregularity; injunction vs damages.
10 November 2000