Results.
5 judgments found.
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| June 2014 |
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Court stayed tort claims pending perjury trial to avoid prejudice to the accused and protect fair criminal proceedings.
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Civil Procedure
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Stay of Proceedings — Concurrent Criminal Proceedings (Perjury) — Inherent Jurisdiction to Regulate Procedure
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Circumstances Warranting Stay — Burden on Applicant to Show Real Risk of Serious Prejudice
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Tort — False Imprisonment and Malicious Prosecution — Overlap with Perjury Allegations — Risk of Prejudice to Fair Criminal Trial
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15 June 2014 |
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A regular default judgment may be set aside if the defendant shows a real-defence, but delay and abuse justify conditional relief (payment into court).
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Civil procedure — Default judgment — Setting aside regular default judgment — Discretionary relief under Order 13 r9/Order 19 r9 — Defendant must show defence on merits with real prospects of success — Delay, explanation and abuse of process relevant — Conditional setting aside (payment into court and service of defence).
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11 June 2014 |
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Stay of execution granted where the respondent failed to show ability to repay damages; awarded sums ordered paid into court pending appeal.
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Civil procedure — Stay of execution — Order 59 r 13 — Appeal against award of damages — Risk of nugatory appeal — Requirement to show inability to repay — Payment into court pending appeal.
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10 June 2014 |
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An administrator not formally substituted has no capacity to apply to set aside a default judgment; application dismissed.
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Default judgment — set aside — Order 13 r 9 & Order 19 r 9; capacity to apply/substitution of parties; service of process; defective affidavit; discretionary relief.
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10 June 2014 |
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Following a default judgment on liability, the court awarded K1,700,000 for general damages plus special damages and costs.
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Damages assessment — default judgment establishing liability — general damages for pain, suffering, loss of amenities and disfigurement — consideration of comparable authorities and currency devaluation — award of special damages and costs.
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2 June 2014 |