12 Jun 2012
CHESTERFIELDS PRESCHOOLS LIMITED V COMMISSIONER OF INLAND REVENUE & OTHERS HC CHCH CIV-2008-409-000995
- Citation
- openlaw-c01d7c3a_3481_45a8_be61_f79db35e2d33.pdf
- Court
- High Court
The strike out application was dismissed because at interlocutory stage the court could not conclude as a matter of law that misfeasance could not include sustained failures to act or systemic institutional conduct allegedly pursued for improper purposes; vicarious liability of the Commissioner is arguable and personal liability of an adviser who participates in decisions about exercising statutory powers could not be dismissed without trial; the pleadings, after amendment, were adequate to proceed to trial on the pleaded issues.