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Citation
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Judgment date
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| May 2018 |
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A written exculpatory statement can constitute a disciplinary hearing; summary dismissal was not wrongful under the disciplinary code.
Employment law – Disciplinary proceedings – "Hearing" includes written exculpatory submissions – Opportunity to be heard either orally or in writing – Summary dismissal permissible for specified offences under Disciplinary Code (Clause 4.7.1(a)) – Reliance on Sitali v Central Board of Health and Mumba v Telecel.
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24 May 2018 |
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A written exculpatory response constitutes a disciplinary 'hearing'; summary dismissal was lawful, so wrongful-dismissal award set aside.
Disciplinary proceedings – Meaning of 'hearing' – written exculpatory statement suffices; summary dismissal – Clause 4.7.1(a); procedural fairness – Clause 2.6; reliance on Sitali v Central Board of Health and Mumba v Telecel.
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24 May 2018 |
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Appeal partly allowed: K366,769,847 awarded based on delivery notes; foreign-currency claim dismissed for lack of locus and proof.
Evidence — proof of delivery — delivery notes and referee's report as evidential matching of invoices; Appeal — interference with trial findings only for perversity or misapprehension; Cross-examination — limits of hypothetical questions as evidential admissions; Credibility — caution against one-sided demeanour findings; Agency — agent's locus standi to sue on principal's contract; Interest and costs.
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24 May 2018 |
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Challenges to a Commissioner’s re-entry must be appealed to the Lands Tribunal under Section 13(3); High Court lacked jurisdiction.
Lands Act s.13(3) — Challenge to Commissioner's re-entry — Appeal to Lands Tribunal for rectification — Lands Tribunal power limited to rectification/recommendation; cancellation of title reserved to High Court via prescribed procedure — Jurisdictional effect of procedural non-compliance.
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16 May 2018 |
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Appeal allowed where dying statement failed to identify the appellants and alibi and circumstantial evidence were insufficient.
Criminal law – murder; dying declarations/res gestae and identification; relatives as suspect witnesses; alibi — prosecution duty to disprove; circumstantial evidence must exclude reasonable doubt; joint liability (s.22 Penal Code).
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15 May 2018 |
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Arbitral award upheld: arbitrator acted within jurisdiction and liquidated damages clause did not offend public policy.
Arbitration — setting aside award — scope of arbitrator's jurisdiction — court may consult award, pleadings and affidavits where submission not exhibited — implied contractual terms — liquidated damages vs penalty — public policy (gross injustice) threshold.
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2 May 2018 |