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Citation
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Judgment date
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| October 2002 |
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A remuneration agreement lacking the required notary certificate and Law Council notification is unenforceable; applicant’s taxation claim dismissed.
Advocates Act (Sections 47, 49, 50) – validity of remuneration agreements – requirement of writing, signature and notary public certificate; copy to Law Council under Decree 1(c). Contract/enforceability – debt collection agreement lacking required notarisation is unenforceable. Civil procedure – taxation of advocate/client bills – where no enforceable agreement exists, claim to taxation fails. Renewal by conduct – letters and conduct do not cure statutory formal defects in advocate remuneration agreements.
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3 October 2002 |
| July 2002 |
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Undated affidavit and absence of sufficient cause: application to set aside dismissal dismissed with costs.
Civil Procedure – Application to set aside dismissal under Order 9 r.20 and Order 48; Affidavit formalities – compliance with Oaths Act s.8 (place and date) – undated affidavit incurably defective; Sufficiency of cause – cause list attendance and non-appearance; Costs awarded to successful respondent.
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13 July 2002 |
| June 2002 |
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19 June 2002 |
| March 2002 |
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Constitutional Law|Human Rights|Land
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20 March 2002 |
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20 March 2002 |
| February 2002 |
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Two accused convicted of murder on circumstantial evidence and common intention; one acquitted for insufficient proof; death sentences imposed.
Criminal law – Murder – Elements: identification, unlawful killing, malice aforethought – Medical and circumstantial evidence; admissibility and weight of untested confession; blood‑stained exhibit and blood grouping as corroboration; doctrine of common intention; sufficiency of evidence and acquittal where proof lacking.
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21 February 2002 |
| January 2002 |
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Court upholds Registrar’s taxation: execution-related disbursements and bailiff fees were necessary and not manifestly excessive.
Taxation of costs – execution expenses – necessity and allowability of police, private security, labour, transport and regional travel costs; Valuer’s fees – effect of separate payments by advocate on bailiff’s valuation fee; Registrar’s discretion – manifest excessiveness and principles of taxation; Reviewability of taxation awards.
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22 January 2002 |
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An unpaid seller cannot recover full value from a delivery agent who released goods without bills absent authority to resell.
Sale of goods – unpaid seller’s remedies – bills of lading – delivery/clearing agent’s liability – contract of carriage – negligence and conversion – risk and passage to buyer – necessity to join carrier and consignees.
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22 January 2002 |
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Leave to appeal refused where plaint disclosed no cause of action and registered title was protected.
Civil procedure – Order 7 r.11(a) – dismissal for failure to disclose cause of action. Property law – effect of registered certificate of title – protection against subsequent unregistered purchasers (Section 56, Registration of Titles Act). Pleadings – necessity to plead interference with title/occupation and to particularize special damages.
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20 January 2002 |
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Repudiation of an employment contract before commencement entitles the plaintiff to general damages for mental anguish.
Contract law – employment contract – formation and repudiation before commencement; Mitigation – post-repudiation re-offer made after threatened litigation is not effective mitigation if made without reasons and in bad faith; Damages – special damages require proof; general damages recoverable for disappointment and mental anguish.
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14 January 2002 |
| December 2001 |
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Plaintiffs were neither lawful nor bona fide occupants; the lease and certificate of title were lawfully obtained; judgment for defendants with costs.
Land Act 1998 s30 — meaning of "lawful occupant" and "bona fide occupant"; twelve‑year occupation requirement for bona fide status; omission of purchasers from s30(2) deliberate; authority of statutory owner to lease; lawfulness of certificate of title grant.
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21 December 2001 |
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Failure to serve summons within 12 months is a substantive defect rendering proceedings a nullity; suit reinstated subject to limitation.
Civil procedure – service of process – Order 9 rule 16(1) – mandatory requirement; failure to serve within 12 months renders proceedings nullity. Res judicata – preliminary objections not finally determined do not bar re‑raising. Procedural technicalities v substantive justice – service requirement is substantive, not merely technical. Effect of fresh summons – cannot validate proceedings tainted by prior defective service.
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11 December 2001 |
| November 2001 |
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An unsecured creditor proved insolvency and obtained a winding-up order despite competing secured-creditor rescue proposals.
Company law – Winding-up – Creditor’s petition under Companies Act s.222(e) – entitlement of unsecured creditor to petition. Insolvency – inability to pay debts – proof and admission of debt. Secured creditors – mortgages and debentures – right to realize security after commencement of winding up. Abuse of process – winding-up petition vs. debt-collection; court’s role in preventing misuse.
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21 November 2001 |
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5 November 2001 |
| October 2001 |
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Bank entitled to recover on loan default via foreclosure of mortgaged property and enforce guarantor's obligations.
Banking law – Loan default – Guarantee – Power of Attorney – Foreclosure of mortgaged property.
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17 October 2001 |
| August 2001 |
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Court validates a will and grants administration rights to the widow and Administrator General, with joint estate management.
Succession law – validity of wills – letters of administration – jointly owned property – estate management.
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20 August 2001 |
| July 2001 |
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Court awarded plaintiff Shs.20,739,300 plus interest and costs after rejecting defendant’s unproven fraud and payment defences.
Commercial law – Credit sales secured by post‑dated cheques – Dishonour of cheques and proof of unpaid debt. Pleadings – Fraud and conspiracy – requirement for particulars and proof on balance of probabilities in civil claims. Evidence – tracing cheques through bank statements and credibility of witnesses in commercial debt recovery. Remedies – quantification of debt, award of interest at bank rate and costs.
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5 July 2001 |
| June 2001 |
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Plaintiff failed to prove fraud or that his title was not validly mortgaged; suit against the bank dismissed with costs.
Property law – Mortgage security – Interpretation of mortgage deed wording ("inclusive of all sums already advanced or incurred") – Proof of amount secured; Fraud and misrepresentation – Alleged substitution/use of title as security – Burden of proof; Power of attorney – Form issues not decisive where mortgage deed effects are clear.
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20 June 2001 |
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15 June 2001 |
| May 2001 |
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Constructive eviction via wrongful termination of canteen contract; defendant liable for debts, stock, fittings and losses.
Contract law – wrongful termination – constructive eviction by lock-out; adequacy of notice. Contract conditions – interpretation of restrictions on attendants, credit facilities and pricing. Agency/undertaking – deduction from soldiers’ salaries and unit liability for debts. Remedies – assessment of damages for stock, personal effects, building works, loss of earnings, interest and costs.
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25 May 2001 |
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Failure to obtain a Presidential waiver under the Bank's statute renders the suit prematurely filed and dismissible.
Bank immunity – Eastern & Southern African Trade and Development Bank Statute 1992 – Article 43(3) Charter – Presidential waiver required before instituting legal proceedings – Failure to obtain waiver renders suit premature.
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19 May 2001 |
| April 2001 |
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Letters showing a clear undertaking to pay under a performance bond can support immediate judgment despite "without prejudice" notation.
Performance bonds – independent obligation – enforceable absent fraud; Admissibility of correspondence – "without prejudice" letters may amount to admissions when they evidence definite undertakings; Civil procedure – Order 11 r.6 – admissions otherwise than on pleadings can found immediate judgment; Estoppel – insurer estopped from denying liability after clear undertaking; Remedies – damages/monetary judgment, interest and costs.
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27 April 2001 |
| February 2001 |
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Leave to defend a summary action for an overdrawn account refused; honoured cheques can create enforceable overdrafts without board resolution.
Civil procedure – Summary judgment – Recovery of liquidated debt evidenced by bank statement; Overdrafts – Cheque causing overdraft suffices as application and is enforceable if honoured by bank even without board resolution; Estoppel and overlapping directorships – does not automatically defeat bank’s claim; No triable issue – leave to defend refused.
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22 February 2001 |
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13 February 2001 |
| 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 |
| December 1999 |
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27 December 1999 |
| November 1999 |
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Plaintiff awarded unpaid freight (US$1,883) with interest and costs; detention and trailer claims struck for lack of evidence.
Carriage of goods – proof of contract and unpaid freight – detention charges – requirement of evidence to establish container/trailer detention fees – interest and costs – proceeding ex parte where defendant absent.
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1 November 1999 |
| October 1999 |
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The applicants entitled to terminal benefits and 25% interest for inordinate delay by the respondent.
Public/state liability – dissolution of parastatal – statutory transfer of liabilities to State – enforceability of terminal benefits and salary arrears. Evidence Act s.113 – estoppel by representation – requirements and application where claim for interest alleged to have been abandoned. Equitable interest – entitlement where improper or inordinate delay in payment of due sums; assessment of appropriate rate. Distinction between gratuitous payments and legally obligatory disbursements following statutory succession of liabilities.
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25 October 1999 |
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Lorry unlawfully parked in a blind bend caused collision; defendant liable, contributory negligence by plaintiffs not proved.
Motor-vehicle accident – negligence – lorry parked in blind bend causing collision; contributory negligence – not established; passengers’ injuries – amputation and multiple fractures; assessment of general damages; special damages must be specifically proved; costs and interest awarded.
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22 October 1999 |