The plaintiff company, Rieton Investments (Private) Limited deals in the supply of horticultural products. The defendants, who were formerly directors in Southern Flowers (Pvt) Ltd, are being sued in their personal capacities by the plaintiff. The plaintiff is claiming payment of the sum of US$113,416-12 for goods it sold and delivered to Southern Flowers. The plaintiff’s claim against the defendants is predicated upon s 318 of the Companies Act [Chapter 24:03] which provides that company directors can be sued in their personal capacities for damages arising from the fraudulent, reckless and/or grossly negligent conduct in the carrying on of a... More
On 20 December 2007, the plaintiff issued summons against the defendant claiming the sum of $87, 501, 810 -94 being the value of certain goods that were stolen after the plaintiff had placed them in storage with the defendant. The claim was resisted primarily on the basis that the defendant was not negligent in any respect leading to the loss of the goods. In particular, it was the defendant’s case that the parties had specifically agreed that the defendant would not be liable for any loss or damage suffered by the plaintiff howsoever and form whatever cause arising even if... More
This is an appeal against conviction and sentence. The appellant pleaded not guilty to, but was convicted of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 15 years imprisonment of which two years imprisonment was suspended for five years on the usual condition of good behaviour, leaving an effective imprisonment term of 13 years. More
The plaintiff is a self-actor. This is a claim for personal delictual damages which plaintiff suffered arising from a traffic accident. A default judgment had been entered against both defendants for their failure to file a plea; leading to the matter being referred to the unopposed roll for the assessment of damages. More
