CASE BOOK for 2nd year.docx

Holding the court held that there is no legal or

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Holding The court held that there is no legal or equitable right to the exclusive use of the name of a private residence. The court refused to grant the injunction Rationale The equitable remedy of an injunction is only available ‘where there is an invasion of a legal or equitable right’ Dissenting Opinions Status of Authority Yes it is a status of authority
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Case Title Hollins v. Fowler (1875), H.L. 757, pg. 152 Bench House of Lords Facts B had fraudulently obtained cotton from F, and H (who was a cotton broker, utterly ignorant of the fraud of B), purchased cotton from B, in the belief that M would buy it. M did buy it though H only received a broker’s commission not a trade profit of sale. Issue: Is Hollins guilty of conversion? Holding B was liable for the tort of Converion Rationale Any person who, however innocently, obtains possession of the goods of a person who has been fraudulently deprived of them, and disposes of them, whether for his own benefit or that of any other person, is guilty of conversion Dissenting Opinions None Status of Authority It is a leading status of authority Case Title Johnson Evan Gicheru v Andrew Morton & another [2005] eKLR Bench JUDGMENT TUNOI, J.A. Court of Appeal Facts ANDREW MORTON, the well-known author of several books and biographies, is the author of the book under the title “Moi the Making of an African Statesman”. The publisher of the book. Their address is given as 9 Lion Yard, Trenmdoc Road, London, SW 47 NQ . The subject matter of the book, and its title is the biography of the retired President of Kenya, Daniel Toroitich Arap Moi . He retired in the year 2002. The book is Moi the Making of an African Statesman. It was published in 1998 and was soon thereafter available for sale in Kenya. Holding The judge allowed the appeal and set aside the awards made Rationale The instant case to arrive at what could have been said to be a fair and reasonable awards the learned trial Judge could have drawn considerable support in the guidelines in JONES V POLLARD [1997] EMLR 233. 243 and where a checklist of compensable factors in libel actions were enumerated as: - The objective features of the libel itself, such as its gravity, its province, the circulation of the medium in which it is published, and any repetition. The subjective effect on the plaintiff’s feelings not only from the prominence itself but from the defendant’s conduct thereafter both up to and including the trial itself. Matters tending to mitigate damages, such as the publication of an apology. Matters tending to reduce damages. Vindication of the plaintiff’s reputation past and future. Dissenting None
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Opinions Status of Authority It is a leading authority Case Title ROBSON v. HALLETT [1967] 2 QB 939 Bench Divisional Court: Chief Justice, Lord Parker, Justice Diplock, Justice Ashworth Facts The appellants, who were being questioned by the police on their property, attacked the respondent – a police officer. This happened after the appellant had ordered the police to leave their property.
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  • Summer '17
  • Prof. Oduor
  • Law, The Land, Court of Appeal, House of Lords, Lords, Case Title

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