Results.
15 judgments found.
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| December 2012 |
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A Registrar lacked jurisdiction to assess damages after an injunction’s dissolution; the damages enquiry must be held by a judge in chambers.
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Civil procedure — Injunctions — Dissolution of ex parte injunction for want of prosecution — Assessment/enquiry into damages — Jurisdiction of Master/Registrar — Order 32, rule 12 — enquiry to be made by a judge in chambers.
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19 December 2012 |
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Conviction for defilement upheld on victim, lay and medical corroboration; sentence reduced from nine to seven years.
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Criminal Law — Sexual Offences — Defilement — Proof of penetration, victim’s age and accused’s knowledge
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Evidence — Corroboration — Unsworn evidence of immature witness and requirement to warn
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Sentencing — Mitigation — Reduction of sentence where original term is excessive
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4 December 2012 |
| November 2012 |
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Court upheld respondent’s claim for K83,000 under an oral contract, disregarded hearsay evidence, and ordered immediate payment into court.
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Contract law — oral contract for services — proof of contract sum and payments; Evidence — hearsay inadmissible where witness lacked direct knowledge; Credibility and arithmetic used to determine balance due; Order for immediate payment into court; Costs awarded to successful party.
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27 November 2012 |
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Circumstantial evidence and phone identification sufficed to convict the appellant for demanding property by written threats.
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Criminal Law
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Extortion / Demanding Property by Written Threats — Sufficiency of circumstantial evidence to establish identity of sender and guilt — Section 304 Penal Code
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Sentencing — Whether four years' imprisonment was manifestly excessive — Appellate restraint in substituting sentence
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19 November 2012 |
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Whether written notice and written responses can satisfy the right to be heard in disciplinary dismissal and affect entitlement to terminal benefits.
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Employment law — unfair dismissal — right to be heard — written versus oral hearing — summary dismissal for absenteeism/misconduct — effect of employer’s erroneous written representations on terminal benefits.
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14 November 2012 |
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Appellate court upheld distribution and compensation, finding respondent’s contributions warranted an K800,000 share and K50,000 compensation.
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Family Law
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Matrimonial Property — Division of matrimonial property on divorce — Effect of monetary and non‑monetary contributions and inference of beneficial interest
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Compensation on Divorce — Award for loss of marriage — Assessment and reasonableness of compensation
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Civil Procedure — Appeal by Rehearing — Deference to subordinate court’s valuation and credibility findings
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11 November 2012 |
| September 2012 |
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Petitioner failed to prove corrupt influence, bribery, or that any irregularities affected the election result; petition dismissed.
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Election law — s.114 Parliamentary and Presidential Elections Act — burden and standard of proof in election petitions; corrupt influence and bribery allegations; requirement of affidavits from affected voters or eyewitnesses; proof that irregularities affected result; discretionary costs.
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14 September 2012 |
| August 2012 |
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Conviction quashed where prosecution failed to prove government ownership or possession by employment; accused convicted of uncharged offence.
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Criminal law — Theft by public servant — proof of state ownership and possession by virtue of employment — hearsay evidence — conviction on offence other than charged — insufficiency of evidence — quashed convictions.
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31 August 2012 |
| June 2012 |
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Court restrained Speaker from ruling on alleged floor-crossing until the applicant is heard, citing access to justice and balance of convenience.
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Constitutional law — alleged floor-crossing by a Member of Parliament — right to be heard and rules of natural justice — interim restraint against Speaker pending hearing; Civil procedure — interim relief and balance of convenience; Jurisdiction — Commercial Division vs General Division of High Court; Access to justice and protection of constituents’ representation.
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22 June 2012 |
| May 2012 |
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Disciplinary decisions made by an irregularly constituted committee and without required witnesses are nullities; applicants ordered to re-sit exams.
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Administrative law — Judicial review of university disciplinary decisions — Procedural impropriety — Improper constitution of disciplinary committee where prescribed chair departed — Requirement for witnesses at disciplinary hearings — Remedy: quashing and order to re-sit examinations.
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23 May 2012 |
| April 2012 |
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Parent entitled to damages for wrongful death caused by negligent driving; employer vicariously liable.
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Tort — Road traffic negligence — Duty of care to pedestrians and causation
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16 April 2012 |
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10 April 2012 |
| January 2012 |
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24 January 2012 |
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24 January 2012 |
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Operational retrenchment lawful absent proof of HIV-based discrimination; failure of individual consultations warrants limited compensation.
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Employment law — unfair dismissal — retrenchment and redundancy — operational requirements — burden of proof on alleging employee — discrimination (HIV status) — consultation obligations (ILO Convention 158) — procedural irregularity vs substantive unfairness — compensation under s63(5) Employment Act.
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8 January 2012 |