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Citation
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Judgment date
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| December 2000 |
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12 December 2000 |
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Court declared applicant still employed, awarded arrears, nominal special damages, general damages and interest for lack of valid termination.
Employment law – status of employment – whether employer validly terminated – absence of communication of termination – entitlement to arrears, damages and interest; Special damages – must be specifically pleaded and strictly proved; Remedies – declaration of employment, general damages, interest and costs.
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7 December 2000 |
| November 2000 |
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Court refused to reject plaint where allegations of fraud, ministerial consent and statutory change required full trial and evidence.
Civil procedure – Order 7 preliminary objection – limits on rejecting a plaint where questions of fraud, statutory interpretation and ministerial consent arise requiring evidence. Land law – validity of transfers to non‑Africans; effect of subsequent Land Act and potential saving clauses or retrospective validation. Locus standi – whether plaintiff falls within categories in s.184 Registration of Titles Act or claims deprivation by fraud. Appeal/leave to appeal – court’s discretion to allow leave where interlocutory questions of law and fact arise.
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28 November 2000 |
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Receivers in possession for a mortgagee cannot object to attachment as owners; objectors must prove possession on their own account.
• Civil procedure – Attachment – Objections under CPR O.55 and O.57 – burden on objector to prove possession on own account.
• Receivers/Managers – possession by receivers appointed by mortgagee – possession held on behalf of appointing mortgagee not personal proprietary interest.
• Scope of inquiry under O.55/O.57 – primarily possession, not ultimate questions of title or beneficial ownership.
• Relief – release of attached property where objector fails to show requisite proprietary interest.
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1 November 2000 |
| October 2000 |
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Son and widow have locus to sue; interlocutory judgment under Order 9 R.6 set aside; defendants 1–6 held trespassers and ordered evicted with damages.
• Civil procedure – interlocutory judgment under Order 9 Rule 6 – inapplicable where subject matter is immovable property and therefore quashed.
• Land law – succession and title – devise by will and proof by probate and municipal records establishes succession to kibanja.
• Tort – trespass to land – licence terminated by notice; continued occupation renders occupier a trespasser.
• Remedies – declaration of trespass, eviction, demolition of illegal structures, mesne profits and general damages – quantification and apportionment among multiple trespassers.
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31 October 2000 |
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Court refused to set aside counsel-negotiated settlement without proof of lack of authority or abuse of process.
Civil procedure – Setting aside consent orders – application under section 101 CPA and section 35 Judicature Statute – requirement to show abuse of process, unfairness or lack of authority to justify interference with counsel-negotiated compromise.
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26 October 2000 |
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Plaintiff failed to prove a binding contract or payment of USD 15,000; suit dismissed with costs.
Contract law – burden of proof in oral commercial dealings – absence of written documentation and original transaction evidence – insufficiency of bank transfer records alone to prove binding contract or payment; Civil procedure – dismissal for failure to prosecute; evidential rules on tendering original documents.
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2 October 2000 |
| September 2000 |
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Court allowed adding Administrator General as appellant where omission was inadvertent and not time‑barred.
Civil procedure – amendment of parties – addition/substitution of parties under Order 1 r.10 and Order 6 r.18 – inadvertent omission – effect on service and limitation – representation following change of advocates.
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11 September 2000 |
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Newspaper publications imputing criminal/rebel activity to plaintiffs' car were defamatory; general (but not special or punitive) damages awarded.
Defamation – publications imputing criminal/rebel activity by vehicle registration – defamatory per se; burden on publisher to justify truth; strict proof required for special damages; reputational evidence required for aggravated/general quantum; punitive damages not appropriate absent aggravating conduct.
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8 September 2000 |
| July 2000 |
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Plaintiff entitled to vacant possession where defendants failed to prove superior title and trial magistrate erred on evidential findings.
Land law – trespass/eviction – entitlement to vacant possession where defendant fails to prove superior title. Evidence – unendorsed/unexhibited documents have no probative value; awards of special damages must be specifically pleaded and proved. Title/caveats – Registrar cannot cancel certificates of title by implying such power from a court order reinstating caveats in absence of express direction. Pleadings and evaluation of credibility – trial magistrate’s misdirection remedied on appeal.
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14 July 2000 |
| June 2000 |
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A carrier was held liable for a fatal bus accident; damages awarded despite missing receipts for claimed expenses.
Motor vehicle accidents – Carrier liability for passenger injury and death; fare‑paying passengers; proof of special damages where receipts lost; assessment of general damages for loss of expectation of life and personal injuries; joinder/third‑party allegations not pursued do not absolve defendant.
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23 June 2000 |
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Whether the applicant could reject defective tractors, claim refund or replacement, and apportion repair costs.
Contract law – sale of goods – formation of contract to supply tractors; applicability of bridging payments and bank financing to establish contract. Sale of goods – defective goods and rejection – buyer’s right to demand remedy, rescind purchase and claim refund. Remedies – delivery, refund, and election to receive goods or implements; calculation of refund after apportionment of repair costs. Apportionment of liability – contributory responsibility for deterioration and split of repair costs. Interest on judgment – award of 12% from date of filing. Civil procedure – Court of Appeal: extension of time to file notice of appeal (granted).
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13 June 2000 |
| May 2000 |
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25 May 2000 |
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25 May 2000 |
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Registered title obtained by fraud was cancelled; administrator’s title restored and respondent ordered to disgorge rents and pay costs.
Property law – Registered title – Impeachment for fraud – Fraud must be strictly pleaded and proved on balance of probabilities – Transferee’s title impeachable where transferee committed or took advantage of fraudulent act – Relief: cancellation of title, registration in administrator’s name, recovery of rents, costs.
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18 May 2000 |
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Tribunal may extend filing time; UIA tax incentive for a credit institution did not exempt unrelated consultancy income.
Tax appeals – extension of time – Tax Appeals Tribunal’s discretion to extend statutory time limits; Investment incentives – scope of UIA certificate – exemption confined to principal credit institution business; Interpretation of statutes – definition of "credit institution" vs "financial institution"; Investment Code – prohibited activities and forfeiture of incentives.
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18 May 2000 |
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Right to a share in an intestate estate accrues on grant of letters of administration, so Limitation Act s.21 did not bar the claim.
Limitation Act s.21 — accrual of claim to an intestate estate; Succession Act — letters of administration determine accrual date; Pleadings/joinder — plaintiff’s choice of defendants and amendment/withdrawal with leave.
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5 May 2000 |
| April 2000 |
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Plaintiffs failed to prove spoken or published words were defamatory; claim dismissed with costs.
Defamation – proof of words – requirement to prove words were uttered as pleaded and that they bear a defamatory meaning referring to the plaintiff. Publication – reference to an ascertainable group – readership may identify intended persons but identification alone does not make material defamatory. Context and meaning – distinction between ideological comparison and imputations of criminal conduct determines defamatory character. Remedies – failure to prove defamatory meaning or reference defeats claim for damages.
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12 April 2000 |
| March 2000 |
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The court confirmed the respondent's lawful ownership and dismissed fraud allegations, granting a permanent injunction.
Property Law - land title - fraud allegation - customary tenants - injunction and costs in land disputes.
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31 March 2000 |
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Leave to appeal and stay of execution refused where defendant appeared but failed to file defence and showed no misdirection or arguable appeal.
Civil procedure – Order 9/10 discretion – Defendant appeared but did not file W.S.D. – Setting aside ex parte judgment – negligence of counsel is not automatic ground for relief – remedy against negligent advocate – leave to appeal and stay of execution require showing of misdirection or arguable appeal/draft appeal.
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15 March 2000 |
| February 2000 |
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Employee wrongfully dismissed during alleged probation awarded arrears, leave pay, notice pay, damages, interest and costs.
Employment law – wrongful dismissal – probation and procedural fairness – employer’s burden to justify dismissal; Employment Decree – written contract particulars and consequences of employer’s omission; construction of ambiguous employment terms – contra proferentem and implication of reasonable terms; remedies – arrears of salary, leave pay, pay in lieu of notice, general damages, interest and costs.
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11 February 2000 |
| January 2000 |
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A reckless, uninvestigated report and threatening legal letters can attract damages for malicious harassment against an innocent plaintiff.
Civil damages – malicious falsehood and harassment – false report to Police – liability for dishonoured cheques – Bills of Exchange Act: distinction between signing blank cheque and issuing a cheque – burden to investigate before alleging criminal conduct – dismissal of counterclaim.
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19 January 2000 |