Results.
5 judgments found.
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| April 1987 |
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Proceedings to remove a caveat under s.81(1) are properly begun by originating summons; failure to appear requires rehearing on merits.
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Civil procedure — Removal of caveat under s.81(1) Lands and Deeds Registry Act — Proper procedure is originating summons — Disposal in chambers under Order 30 — Failure to enter appearance and file affidavit precludes decision on merits — Court may amend wrong process
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22 April 1987 |
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Reasonable inferences from privileged parliamentary statements can justify fair comment and defeat libel claims.
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Tort — Libel — Privileged reports of parliamentary proceedings — Reasonable inferences from privileged statements — Fair and accurate report — Fair comment on matters arising from privileged speech
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22 April 1987 |
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Corporal punishment is inappropriate with long prison terms; commercial gain from stock theft can justify a limited increase above the mandatory minimum.
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Sentence — Stock theft — Corporal punishment to be used sparingly and inappropriate when long custodial sentences imposed; Mandatory minimum sentence — previous stock-theft conviction — commercial gain as aggravating factor justifying limited increase above minimum; Appellate interference with sentence only for good cause
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20 April 1987 |
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Late insurance payment merits interest, but consequential planting losses and inconvenience damages were not recoverable.
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Insurance law — contract of indemnity — insurer’s delayed payment — interest as compensation for detention of a debt — consequential losses not recoverable absent express cover — non-pecuniary damages require contemplation and substantial discomfort — no tortious duty of care established
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15 April 1987 |
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Inflation for damages fixed at trial-judgment date; foreign awards are guidance only; special damages quantified at K1,200.
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Damages — assessment of quantum; special damages quantification; inflation — date for calculation is date of trial judgment; foreign awards as guidance — avoid simple exchange-rate conversion
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13 April 1987 |