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Citation
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Judgment date
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| July 2002 |
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Dismissal for want of prosecution justified by counsel's deliberate non‑attendance; loans advances judgment upheld, remainder set for fresh trial.
Civil procedure – Dismissal for want of prosecution vs striking off – deliberate non‑attendance and counsel's walkout as justification for dismissal; Counterclaim – failure to file defence/reply within court‑ordered time permits judgment by default; Severance – parts of counterclaim relating to loans and advances upheld; Fresh trial ordered before another Judge; Costs awarded against defaulting plaintiffs.
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31 July 2002 |
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Deliberate non-attendance justified dismissal for want of prosecution; untraversed counterclaim claims may be decided on default, remainder severed for retrial.
Civil procedure — non‑attendance and contempt of court directions — dismissal for want of prosecution versus striking off; counterclaim — judgment on counterclaim in absence of defence; late/unserved pleadings — invalid as effective traverse; severance of judgment and fresh trial.
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31 July 2002 |
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Appellate court ordered hearing of application to set aside default judgment and corrected a procedurally confused conditional order.
Civil procedure – Default judgment – Application to set aside default judgment – Stay of execution pending set-aside application – Conditional interlocutory orders – Procedural irregularity – Appellate intervention.
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28 July 2002 |
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Court allowed interlocutory injunction in land re-entry dispute, finding discharge of ex parte order without merits consideration unjust.
Interlocutory injunctions — ex parte orders — discharge for non-prosecution — principles for granting injunctions (clear right, irreparable injury, serious question, balance of convenience) — land title disputes — Orders 6 & 30 High Court Rules.
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26 July 2002 |
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A court cannot ignore a defendant's earlier writ and defence on consolidated monetary claims; appeal allowed.
Civil procedure – consolidation and severance of actions – originating summons versus writ of summons – failure to consider a defendant's earlier writ and defence amounts to denial of fair hearing – judgment set aside.
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19 July 2002 |
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The applicant's stay application was dismissed because eviction had already been effected, leaving nothing to stay.
Civil procedure – Stay of execution – application after execution – eviction already effected – application rendered moot; Contract law – sale agreement – breach and rescission for non‑completion; Appellate procedure – timing of stay applications.
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17 July 2002 |
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Buyer elected refund of purchase price with interest; damages limited to loss of bargain and improper attachments set aside.
Contract for sale of land – specific performance versus election to refund – damages measured as loss of bargain – remoteness of speculative crop income – improper use of writs of possession and attachment to enforce monetary judgments.
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17 July 2002 |
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Appellants lacked a disclosed cause of action to challenge a private share sale; detinue damages assessment and interest award were upheld.
Company law – locus standi to challenge private share sale; civil procedure – summary dismissal for failure to disclose cause of action; detinue – measure of damages (market value at date of judgment and loss by detention/hire rate); interest on judgment debt – accrual from date of ruling; appellate review of Deputy Registrar's discretionary assessment.
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17 July 2002 |
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Court upheld the parties' settlement, awarded interest only on K3.5 million up to payment date, and limited costs.
Settlement and compromise – sanctity of settlements; interest on damages – whether reserved or extinguished by compromise; period of interest – ceases on payment of principal; appellate correction of arithmetic error; costs limited for in‑house counsel.
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17 July 2002 |
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The appeal was dismissed as res judicata because the issues had been finally decided in earlier judgments.
Res judicata — finality of judgment — retrenchment date and interpretation of "salary" in settlement — leave to appeal out of time does not revive conclusively decided issues.
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11 July 2002 |
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The appeal was dismissed as res judicata because the retrenchment date and salary-inclusive issues had been finally decided previously.
Civil procedure – Res judicata – requirements: same cause of action, opportunity to recover, actual merger or identical point actually decided; Labour law – retrenchment date and computation of terminal benefits (salary inclusive/exclusive of allowances); Appeal – leave to appeal out of time and reasonableness; Interest reipublicae ut sit finis litium.
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10 July 2002 |
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A clause granting a fiction of service on early termination entitles the applicant to full contractual gratuity and terminal benefits.
Employment law – Contract interpretation – Clause creating fiction of service – Entitlement to full gratuity and other terminal benefits upon termination within first 12 months – Assessment of quantum by Deputy Registrar – Claims for business-class air passage and annual transport/social tour fares.
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8 July 2002 |
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A clerical typographical error in pension documentation cannot found estoppel; appeal allowed and lower court order quashed.
Pension law – Commutation offers – Clerical/typographical error in pension records – No estoppel where mistake is clerical – Court may correct errors; appeal allowed.
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8 July 2002 |
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A clause providing benefits upon early termination within 12 months entitles the employee to full contractual gratuity and terminal benefits.
Employment law – Contract interpretation – Clause providing benefits on termination within first 12 months – Fiction of service for full contractual term; Assessment of damages – Deputy Registrar’s rejection of contractual terminal benefits; Disputed entitlement to business-class airfare and annual transport/social tour allowances.
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8 July 2002 |