Commercial Law Index

The matter involved a claim by the applicant against the defendant’s conduct of unlawfully blocking and deducting monies from his salary account.

First, was whether the court, as a commercial division, had jurisdiction over the matter. The court reasoned that as it dealt with crediting and debiting of the applicant’s account, the matter therefore lay in the ambit of a banker customer relationship. The court was therefore had jurisdiction as it was a commercial matter. 

Next, was whether the applicant’s account had been unlawfully deducted and consequently who was liable, considering that the defendant had assumed the obligations of Crane Bank, the applicant’s original employer. The court found there was evidence that the applicant’s account had been credited with less money than he was earning for some time.

On the issue of liability, the court reasoned that despite the contractual exemption of liability upon assumption of Crane’s obligations by the defendant, the Employment Act required the employment obligations to transfer to the defendant as a matter of law. The effect was that the defendant was liable for the unlawful deductions.

Finally, the court dealt with the question of damages. The court used its discretion to put the plaintiff in the position he would have been but for the wrong, as required by law. The court, using its discretion, also awarded interest to the applicant on the basis that applicant had been deprived from own monies. It however denied the claim for exemplary damages as it could not establish malice, outrage or impunity in the conduct of the defendant. 
 

Civil Procedure — Limitation of actions — Disability as legal incapacity — Disability as inability — suit for failure of government in its constitutional duty and undertaking to provide security by way of armed escorts during the plaintiff's execution of road construction — Action statute barred.