Results.
5 judgments found.
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| October 1989 |
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Registrar erred by limiting compensation to blindness; appellate court awarded K200,000 for blindness, brain injury, disfigurement and lost prospects.
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Torts — Personal injuries to a child — Assessment of damages: pecuniary and non-pecuniary heads, 'guesstimate' of future earnings, brain injury, disfigurement, interest on award
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31 October 1989 |
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Appeal allowed; district registrar erred by limiting damages to blindness—court increased global award to K200,000 with interest and costs.
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Tort — personal injury; damages quantum — appellate interference where award is inordinately low or based on error; assessment of non-pecuniary loss by what the ordinary person would regard as fair; consideration of brain injury, disfigurement, pain, loss of amenities and future earning capacity; interest and costs
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31 October 1989 |
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Summary judgment inappropriate where defendant raises triable issues including lack of required State consent for a land sale.
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Civil procedure — summary judgment — triable issues warrant refusal and leave to defend; Land law — Land (Conversion of Titles) Act — contracts conditional on State/Presidential consent; Specific performance — may be competent where performance requires subsequent application for consent; Distinction from contracts performed without consent (Mutwale)
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19 October 1989 |
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Identification evidence sustained one appellant's robbery conviction; firearm not proved, leading to substituted convictions and sentences.
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Criminal law — Robbery and aggravated robbery — Identification evidence and identification parade — Admissibility and sufficiency of witness identification — Definition of firearm under Firearms Act — Substitution of convictions on appeal — Receiving stolen property.
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12 October 1989 |
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Tossing a person from a moving train with foresight of probable grievous harm can amount to murder under section 204(b).
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Criminal law — Murder — Malice aforethought under s.204(b) — Knowledge that tossing a person from a moving train would probably cause death or grievous harm — Credibility and identification — Admissibility of post‑mortem report
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1 October 1989 |