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Citation
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Judgment date
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| February 1989 |
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Court upheld an interlocutory injunction restraining alleged shareholders from participating in company operations pending trial.
Company law – interlocutory injunction – preservation of status quo pending trial – adequacy of damages – balance of convenience – refusal to pre-empt trial findings in shareholder dispute.
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24 February 1989 |
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Application for leave to appeal refused; temporary stay set aside and respondent allowed to proceed, costs to respondent.
Civil procedure – Application for leave to appeal – Whether leave to appeal should be granted – Stay of execution pending appeal – Applicant’s non-attendance and insufficiency of affidavit – Refusal of leave and setting aside of temporary stay – Costs awarded to respondent.
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24 February 1989 |
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Lay evidence of assault followed by death can suffice to infer causation; medical evidence not always required.
Criminal law — Manslaughter; causation — sufficiency of lay evidence of assault followed by death; role of medical evidence and post-mortem reports; novus actus; sentencing.
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22 February 1989 |
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Court limited review of public service disciplinary decisions to jurisdictional validity and existence of factual support, reversing reinstatement order.
Administrative law – judicial review of disciplinary action by statutory body – limits of court intervention where correct procedures followed; employment law – disciplinary powers of Public Service Commission; evidence – requirement of factual substratum to sustain disciplinary sanctions.
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19 February 1989 |
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A three‑day grace period for execution under Order 42 Rule 5 is regulatory; execution after that period cures a premature praecipe.
Civil procedure – Execution of judgment – Order 42 Rule 5 High Court Rules – Three‑day grace period – Regulatory not mandatory; premature praecipe cured where execution levied after grace period – Quantum of special damages – burden of proof – bank statement insufficient to prove payment by promissory notes.
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17 February 1989 |
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Whether amendments and a registrar’s assessment could validly include consequential loss and loss of use after liability was finally determined.
Civil procedure – amendment of writ after interlocutory judgment – assessment of damages by district registrar – loss of use as head of consequential damages – propriety of interest on assessed sums.
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16 February 1989 |
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A High Court may not dismiss an appeal for non-appearance absent proof of service of the adjourned hearing notice.
Civil procedure – non-appearance on adjourned hearing – requirement of proof of service of notice of hearing under Order 47, Rule 15 – jurisdiction to dismiss an appeal; alternatives: re-fix hearing with service or strike out and permit restoration.
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13 February 1989 |
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A dismissal for want of prosecution may be set aside where delay from unavailable transcript is excusable and service of the dismissal summons is unproven.
Civil procedure – dismissal for want of prosecution – duty to lodge record of appeal – extension of time where transcript unavailable – proof of service of summons to dismiss – setting aside dismissal.
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9 February 1989 |