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Title
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Date
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Summary judgment refused because disputed facts and legal issues exist on premises owner status and dog-handler negligence.
Civil procedure – Summary judgment – Order 12 CPR – Realistic vs fanciful prospects; Premises liability – vicarious/statutory owner under Control and Diseases of Animals Act; Negligence of dog handler – triable issue; Failure to plead/support failure-to-warn allegation; Judgment on admission – requirements for written admissions.
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Judgment |
31 October 2024 |
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Claims for false imprisonment, defamation and malicious prosecution failed; conversion established only as to retained office chattels, not the claimed money.
False imprisonment – distinction between reporting a crime and laying charges; Malicious prosecution – must prove prosecution by defendant, favourable termination, lack of reasonable cause and malice; Conversion – wrongful retention of chattels and denial of access; Pleadings – evidence inconsistent with pleadings may be rejected; Civil standard of proof – balance of probabilities.
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Judgment |
19 March 2024 |
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The applicant's convictions were upheld on circumstantial evidence and call logs despite improper use of section 3 CP&EC.
Criminal law ircumstantial evidence
dmissibility of call logs/business records alse police statement as perjury xtradition (s.21)
ddition of lesser offences provable by extradition facts xclusion of illegally obtained evidence
nd limited scope of s.3 CP&EC.
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Judgment |
14 July 2021 |
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Discharge for statutory delay refused where felonies and misdemeanours formed part of the same series; s.302A inapplicable.
Criminal procedure — s.302A CP&EC (time limits for trial) — s.261 CP&EC — s.127 CP&EC (charging felonies and misdemeanours together) — attribution of delay — discharge for delay refused.
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Judgment |
2 August 2019 |
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Plaintiff in road-traffic accident awarded K160,000 for pain, suffering and loss of amenities; costs awarded.
Road traffic accident — assessment of damages — medical evidence of bodily injury — pain and suffering and loss of amenities — compensatory principle — award of K160,000 and costs.
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Judgment |
7 November 2002 |
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Plaintiff awarded K150,000 for pain, loss of amenities and reduced earning capacity after a road traffic injury.
Personal injury – Road traffic accident – Assessment of damages – Pain and suffering and loss of amenities – Loss of earning capacity – Liability established by default judgment – Awards guided by comparable cases and local purchasing power.
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Judgment |
20 March 2002 |
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Assessment of damages after bus-accident: proved special damages awarded; loss of earning capacity and general damages granted, total K846,466.
Tort — Road accident — Assessment of damages — Proof and particularisation of special damages; distinction between loss of earnings (special) and loss of earning capacity (general); recoverability of cash carried abroad despite Exchange Control regulation; quantum for artificial limb, medical expenses, pain and loss of amenities.
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Judgment |
18 February 2002 |