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Citation
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Judgment date
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| September 2020 |
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Court refused interlocutory injunction in defamation suit, finding possible defences and enforceability concerns precluded prior restraint.
Defamation – interlocutory injunctions – extraordinary remedy granted only in the clearest of cases where statements are unarguably libelous and no defence could possibly apply. Defamation – defences – justification/truth and documentary evidence may preclude pre-trial restraints. Civil procedure – discretion to grant injunction – requirement to show irreparable harm and intention to repeat publication. Jurisdiction/enforceability – limitations on enforcing foreign libel orders in the United States (SPEECH Act) relevant to practical relief.
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28 September 2020 |
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Occupier liable for visitor’s injury caused by uncovered manhole; proved medical expenses and modest general damages awarded.
Occupiers’ liability – duty of care to lawful visitors – liability for injuries from uncovered manhole, inadequate lighting and absence of warnings; proof of special damages must be specific and strictly proved.
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28 September 2020 |
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A Minister’s statutory instrument was quashed for failing to consult stakeholders and exceeding delegated powers under the Electricity Act.
Administrative law – delegated legislation – judicial review of statutory instruments for illegality, irrationality and procedural impropriety. Public participation – statutory and legitimate expectation to consult under s.62 Electricity Act and Article 8A/Principle X. Ultra vires – inconsistency with parent Act and approved Rural Electrification Strategy and Plan. Procedure – failure to follow Cabinet/ Public Service Standing Orders when making statutory instrument. Governance – board composition, accountability and Public Finance Management implications.
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25 September 2020 |
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23 September 2020 |
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Employees failed to prove entitlement to additional termination benefits; suit dismissed with no order as to costs.
Employment law – employer-employee relationship; termination benefits and severance; entitlement to accrued leave; conditional salary increments under collective agreement; workwear and payment in lieu; workers' compensation procedure and proof; NSSF contribution enforcement.
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18 September 2020 |
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Applicants failed to prove entitlement to additional retirement-related benefits; suit dismissed for lack of proof.
Employment law – employer–employee relationship – statutory severance and terminal benefits under Employment Act 2006; leave and leave pay – proof of application and employer denial; repatriation provisions; workers’ compensation – necessity of medical proof and statutory procedure; NSSF remittance disputes – for NSSF to pursue.
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18 September 2020 |
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Whether a written MOU was varied by conduct and whether the plaintiff proved unpaid entitlements; suit dismissed.
Contract variation – written MOU varied by subsequent conduct, emails and payment vouchers – validity under section 67 Contracts Act. Parol evidence rule – limits on extrinsic evidence to add, vary or contradict a written instrument and its exceptions. Standard of proof on civil balance of probabilities when evaluating contract variation and allegations of breach. Proof of statutory remittances (PAYE/NSSF) and evidential weight of account-holder’s conduct and documents.
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18 September 2020 |
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Cancellation of the applicant’s advertising licence without a hearing breached contract and legitimate expectation; respondent liable, damages awarded.
Contract/licence – permission to advertise on public service vehicles; Administrative law – revocation of licence, legitimate expectation and fair hearing; Vicarious liability of the State for acts of licensing authority and police; Remedies – special and general damages, interest, costs; Injunction refused where no subsisting licence.
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18 September 2020 |
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Court dismissed employment and malicious prosecution claims, finding procedural fairness, reasonable suspicion, and no malice; costs to defendants.
Employment law – jurisdiction between Labour Officer and High Court; unfair dismissal – procedural fairness and reasonable suspicion based on police investigation; limitation – Labour Officer time limits not automatically binding on High Court proceedings; tort – malicious prosecution requires absence of reasonable cause and presence of malice; withdrawal of prosecution may constitute termination in favour of accused.
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18 September 2020 |
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Employees entitled to unpaid overtime and unpaid weekly rest day; other leave claims not proved; lost documents and res judicata not fatal.
Employment law – unpaid overtime and shift work – entitlement where hours exceed statutory limits; Employment law – weekly rest day – pay entitlement where rest day withheld despite salary-like payment; Discovery procedure – failure to formally tender documents and retain duplicates does not automatically vitiate trial; Res judicata – prior labour officer award limited to specific issues does not bar fresh suit on other employment claims; Evidence – burden to prove payment or entitlement lies on party asserting it; Leave claims – requirement for documentary proof (leave applications, medical certificates) to succeed.
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18 September 2020 |
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Disconnection unlawful without proof of meter tampering; respondent failed to justify claimed bill; applicant awarded general damages.
Electricity supply — unlawful disconnection — absence of evidence of meter tampering where meter and keys were under supplier control; Billing — estimation of unregistered consumption — supplier must explain computation; Damages — special damages require precise proof; general damages for loss of use; interest and costs awarded.
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18 September 2020 |
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Review application against order freezing and reallocating account funds dismissed for lack of aggrieved status and insufficient grounds.
• Civil procedure – Review under s.82 Civil Procedure Act and O.46 r.1 CPR – requirements: person aggrieved, new evidence, error apparent on face of record or other sufficient reason.
• Definition of "person aggrieved" – legal grievance required; wrongful deprivation or affectation of title.
• Evidence and interlocutory findings – memorandum of understanding and prior rulings establishing affiliation to Ponzi scheme justify freezing of accounts and compensation orders.
• Company law – lifting corporate veil where shareholder affiliation to fraudulent scheme is shown.
• Anti‑Money Laundering Act – accountable persons’ due diligence and tracing suspicious transactions.
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18 September 2020 |
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Applicant’s judicial review dismissed: NEC lawfully halted and re‑ran grassroots party elections; internal remedies not exhausted.
Administrative law – judicial review of internal party decisions; exhaustion of internal remedies under Rule 7A; party NEC powers to supervise and take over grassroots elections; procedural fairness and COVID‑19 related filing delays.
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18 September 2020 |
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An applicant seeking to restrain police investigations must show a prima facie case; courts avoid injunctions against public authorities.
Civil procedure – Temporary injunctions – Applicant must show prima facie case, balance of convenience and probability of success; courts cautious about injunctions against public authorities. Constitutional law – Police investigatory functions under Article 212 – public interest in prevention and detection of crime. Evidence – Affidavit must disclose material facts and evidence to justify interim relief.
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14 September 2020 |