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Citation
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Judgment date
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| December 1992 |
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A sua sponte amendment and dismissal without hearing was improper; parts of the detention claim survived Article 29(8).
Civil procedure — Amendment and striking out of pleadings — Sua sponte amendment rare and exceptional — Striking out/dismissal only in clearest cases — Presidential detention claims not automatically barred by constitutional provision where detention improperly enforced — Proper procedure to challenge interlocutory orders (summons/notice of motion).
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31 December 1992 |
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A judgment creditor in possession must use best endeavours to realise income and is liable for losses from wilful default; movables lie outside a writ of elegit.
Civil procedure – Writ of elegit – Order 43 account against judgment creditor in possession – Duty to use best endeavours to realise income – Liability for wilful default – Oral evidence required for disputed facts – Writ of elegit does not extend to movables.
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31 December 1992 |
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Court upheld six-year imprisonment for trafficking, holding cross-border concealment and quantity justified custodial sentence over a fine.
Criminal law – Dangerous Drugs – Unlawful possession v. trafficking – large quantities and concealment as aggravating factors – first offender principle and fines – Section 19A Dangerous Drugs Act – cross-border/transit trafficking – sentence proportionality.
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31 December 1992 |
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Employer's obligation to provide repatriation passage is limited to a reasonable time; employee delay disqualifies later higher fares.
Employment law – post-termination repatriation passage – "whenever ready to travel" construed as subject to reasonable time – delay attributable to employee limits employer liability – measure of damages: fare value at reasonable date – estoppel limited; Ozokwo distinguished.
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31 December 1992 |
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Employer held vicariously liable for employee's negligent driving causing passenger's death; damages allocated and confirmed at K35,000.
Negligent driving; vicarious liability of employer; authority to carry passengers; admissibility of pre-trial admissions in civil negligence; allocation of damages between Law Reform (Miscellaneous Provisions) Act and Fatal Accidents Act; joint and several liability; inflation adjustment of quantum.
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31 December 1992 |
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Restoration of a disbarred lawyer convicted of systematic dishonesty denied; public interest and profession's integrity prevail over rehabilitation.
Legal practitioners – Restoration to Roll under Section 33 – Disbarment for systematic misappropriation – Public interest and professional integrity outweigh personal rehabilitation; jurisdiction to restore is narrow.
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31 December 1992 |
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Driver aware of defective tyres who fails to drive cautiously is liable for death by dangerous driving.
Criminal law — Causing death by dangerous driving — Defective tyres and skid as special defence — Onus on prosecution where skid established — Duty of driver to inspect/report defects or drive with caution.
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31 December 1992 |
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Procedural failure and unproven charges justified reinstatement; damages limited recognising the duty to mitigate.
Wrongful dismissal – failure to follow disciplinary code – breach of natural justice by interested committee members – insufficiency of evidence for misconduct – exceptional circumstances justifying reinstatement – mitigation of loss and limitation of back pay.
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31 December 1992 |
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Res ipsa loquitur invoked where a detached tank under the defendant's control caused a collision and defendant failed to rebut negligence.
Negligence — res ipsa loquitur applies where an object under defendant's control causes damage and no explanation is offered; Act of God/inevitable accident defences require defendant to prove non-negligence; pleading defects may be cured where evidence is led and not objected to; unchallenged evidence may sustain damages for loss of business.
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31 December 1992 |
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Payment of undisputed repair costs did not bar the plaintiff's loss-of-use claim absent consideration and given oral assurances.
Insurance/subrogation – release form – accord and satisfaction – consideration – part-payment rule; liquidated vs unliquidated claims; "without prejudice" documents; equitable estoppel and unconscionability; admissibility of oral assurances.
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31 December 1992 |
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A driver who knows or ought to know of defective tyres must take special care; failure may constitute dangerous driving.
Road traffic — Dangerous driving — Defective tyres and wet road — Duty to inspect and take special care; Civil procedure — Review of trial judge's factual findings and misdirections; Evidence — Onus where skid (special defence) is alleged.
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16 December 1992 |
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A release supported only by payment of undisputed repair costs does not bar an unliquidated loss-of-use claim without fresh consideration.
Contract – Release/Accord and satisfaction – Part payment rule – No consideration where only undisputed repair costs paid – Estoppel and equity – 'Without prejudice' marking and admissibility.
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7 December 1992 |