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Citation
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Judgment date
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| February 2009 |
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Claim for unlawful detention and torture dismissed as time-barred; hiding/fear of arrest not a legal disability.
Limitation law – torts against the Government – 12‑month limitation (Act 20/1969) – false imprisonment accrual on release; Legal disability – hiding/fear of arrest not automatically a disability suspending limitation; Pleadings – party bound by pleaded case; Constitutional provision Article 126(2)(e) cannot cure substantive limitation bar.
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26 February 2009 |
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A grant of administration obtained by concealing beneficiaries and false representations was revoked; respondent ordered to render accounts.
Succession law – admissibility of wills – Section 67 Evidence Act/Section 50 Succession Act; Letters of administration – revocation for fraud or concealment (Section 234 Succession Act); Estate administration – mismanagement, unauthorized sale and distribution; Remedy – revocation of grant, appointment of administrators, order for account and handover; Damages withheld pending full account; Costs awarded.
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25 February 2009 |
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Plaintiff’s appointment was procured by forged PSC documents; payroll removal lawful and reinstatement/benefits denied.
Public Service appointments – Validity of appointment – Forged PSC minutes and corrigenda; payroll removal – lawfulness where appointment is nullity; burden of proof – presumption shifted and rebutted by PSC records; remedies – reinstatement/salary/pension unavailable to irregular entrants.
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24 February 2009 |
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Prosecution failed to establish a prima facie case of defilement due to medical timing inconsistencies and witness contradictions.
Criminal law – Section 73 Trial on Indictments Act – sufficiency of prosecution case; Defilement – essential ingredients: sexual act, victim under age, accused as male actor; Medical evidence – timing of injuries; Witness credibility – contradictions and omission of key witnesses; Presumption of innocence and prima facie threshold.
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24 February 2009 |
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A grant of letters of administration based on a false allegation of intestacy may be revoked; valid probate prevails.
Succession — testate v intestate succession — probate v letters of administration; Succession Act ss.180,182,189,234 — revocation of grant where petition alleges untrue fact essential to justify grant; ignorance/inadvertence no defence to revocation; burden on challenger to prove will invalid; fraud allegations requiring proof.
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23 February 2009 |
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Failure to comply with conditions to set aside an ex‑parte judgment warrants dismissal and allows execution to proceed.
Civil procedure – setting aside ex‑parte judgment – conditional orders requiring strict compliance – non‑compliance and partial compliance – effect on execution of decree; duty to obey court orders; evidence required to excuse non‑compliance by failure of counsel to communicate orders.
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19 February 2009 |
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Court overruled forgery objection and found it could tax the advocate–client bill of costs.
Advocate–client taxation – existence of bill of costs – alleged forgery of payment voucher – burden to prove fraud – jurisdiction to tax under Advocates Act ss.57–58(5).
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17 February 2009 |
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The plaintiff’s retrenchment benefits must be calculated using the salary at the effective retirement date; underpayment awarded with interest.
* Employment law – retrenchment benefits – proper basis of calculation – whether ‘current monthly package’ on effective retrenchment date governs severance, long service award and leave computations. * Evidence – documentary evidence – effect of exhibit and failure to cross‑examine – admitted contents treated as authentic. * Employer succession/merger – liability for employee contractual entitlements after acquisition. * Interest on arrears – compensation for delayed payment of contractual sums.
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16 February 2009 |
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Arrest was lawful but detention beyond 48 hours was unconstitutional; State liable and damages awarded.
Police powers of arrest – reasonable cause and informing arrested person (Art.23(3)); Detention limits – Article 23(4)/Police Act s.25 (48-hour rule); State liability under Government Proceedings Act for torts of police; Damages for unlawful detention (general and exemplary).
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12 February 2009 |
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A director’s signature on a company letter did not create personal liability for the company’s debt; the company was liable.
Company/director liability – interpretation of company correspondence – director’s signature held to create personal liability for share purchase only, not for company debts; contractual interest enforceable; award of general damages and post-judgment interest; costs against company but not against director for dismissed claim.
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12 February 2009 |
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The court found the defendant vicariously liable for the driver's negligence, awarding damages to the injured passengers.
Tort Law – Negligence – Vicarious Liability – Public Service Vehicle – Scope of Employment – Inevitable Accident Defense.
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9 February 2009 |
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Plaintiff’s challenge to repossession was time‑barred; failure to complete payment made cancellation lawful and former owner awarded possession and damages.
Expropriated Properties Act s.15(1) - 30-day limitation for challenging Minister’s repossession decision; Contract law - time of the essence for payment conditions and lawful cancellation for non-payment; Repossession certificates and competency to challenge; Eviction, mesne profits and general damages for wrongful possession.
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8 February 2009 |
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A tribunal’s exoneration of a public officer binds the District Service Commission; retiring the officer without hearing was unlawful and damages awarded.
Local Government law – Removal of Chief Administrative Officer – Tribunal of three High Court judges – finding of no prima facie case binds administrative organs – District Service Commission’s power to take appropriate action – natural justice – unlawful retirement and entitlement to statutory benefits under section 61(2) Cap.243 (formerly section 62(2) Act 1 of 1997).
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5 February 2009 |
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The respondent recovered the value and damages after the applicant, as carrier, failed to account for missing consigned sugar.
Carriage of goods – consignment notes as prima facie evidence of contract and cargo particulars (Evidence Act ss.91–92) – carrier’s duty to check and note reservations on receipt – burden shifts to carrier to explain loss (Evidence Act s.106) – valuation by invoice – damages and costs awarded for breach of contract.
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5 February 2009 |
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Employer held vicariously liable for driver’s negligent overtaking causing pedestrian's death; damages awarded to dependants.
• Road traffic accident – death of pedestrian – proof by plaintiff, post-mortem and police report; • Negligence – excessive speed and dangerous overtaking by driver; • Vicarious liability – employer liable under Law Reform (Miscellaneous Provisions) Act; • Service of process – non-service on driver leads to dismissal; director’s refusal to sign does not negate service; • Quantum – multiplicand/multiplier method with 10% reduction for contingencies; apportionment among minor dependants.
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5 February 2009 |
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A contested hospital "release" did not absolve the defendant; plaintiff awarded substantial damages for negligent driving.
* Road traffic accidents – liability of owner for negligence of authorized driver; determination of negligent driving and point of impact.
* Evidentiary burden for execution and voluntariness of settlement/release documents executed in hospital.
* Assessment of damages – general damages for maiming, prospective loss of earnings and special damages; deduction for interim payments by insurer.
* Credibility and proof – need for clear proof (handwriting, translation, witnesses) when asserting discharge of liability.
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4 February 2009 |
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Driver negligent; employer vicariously liable; plaintiff not contributorily negligent; damages and interest awarded.
* Tort — Negligence — Road traffic accident — Driver’s guilty plea in traffic prosecution supporting civil finding of negligence. * Vicarious liability — Employer liable for servant’s negligent driving where driving connected to employment duties. * Contributory negligence — Burden on defendant to prove; absence of sufficient evidence to reduce plaintiff’s recovery. * Damages — Special damages proved by receipts; general damages awarded for amputation and pain and suffering; interest and costs.
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2 February 2009 |
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Court refused dismissal for failure to provide registrar-ordered security pending appeal and sent files to Land Division.
Civil procedure – Security for costs – Order 43 Rule 2(1) – Registrar’s power to order security for costs while matter is before High Court – Jurisdictional question to be determined on appeal – Pending appeal precludes dismissal of main suit – Direction to place files before Land Division for expeditious disposal.
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1 February 2009 |