2021

Civil practice and procedure - Interlocutory injunction - Application to restrain the
mortgagee from exercising power of sale under mortgage - Whether mortgagee
acted in bad faith - Whether damages is an adequate remedy - Whether the
applicant is entitled to Injunctions in circumstances of this case.

Sentence: Plea – Guilty – Murder (2 counts) – Illegal possession of firearm

Assessment of Damages – Trespass and wrongful use of land – Claim for mesne profits – Claimant seeking restitutionary damages – Claimant seeking sum equivalent to the profits made by the defendants through the use of land – How to quantify the measure of damages.

Negligence – Road accident – Pedestrian walking in road – Contributory negligence – Standard of care expected of drivers of motor vehicles and pedestrians walking on roadway – Whether the defendants breached a duty of care owed to the claimant – Whether contributory negligence on the part of the claimant established – Apportionment of liability – Quantum of damages.

Fraud -  Registration of Titles Act - Whether Title obtained by fraud – Whether land sold to Defendant prior to owner’s death - Whether fraudulent declarations made -Whether copy receipt authentic.

Negligence – Motor vehicle accident – 1st Defendant’s Motor truck colliding in back of Claimant’s car – Vicarious liability - Contributory negligence
Damages – Assessment – Pain and suffering and loss of amenities – Pre-existing medical condition – Post traumatic stress disorder – Special damages.

Trespass to the person - Negligence - Assault - Alleged shooting by the police and soldier - Innocent bystander - Self defence - Burden of proof as regards self defence