Results.
73 judgments found.
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| December 2000 |
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Court stayed proceedings where counsel lacked authority after former director sold estate; estate enquiry required.
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Company law — authority of director to instruct counsel — continuation of proceedings after sale of company property — distinction between company claim and personal claim — stay pending estate administration
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31 December 2000 |
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Demand notices under sections 60 and 68 were valid; s71(1) does not make auction mandatory and injunction refused where chargee acted in good faith.
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Registered Land Act — sections 60(2) and 68(1) — demand notices and three‑month default period; indulgence suspends but does not waive notice; section 71(1) permissive on auction sales; section 71(3) remedies in damages and protection of bona fide purchasers; injunction to restrain sale requires bad faith or irreparable harm
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9 December 2000 |
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Appeal dismissed: reliable dock identification by a known witness upheld; identification parade not mandatory; alibi disproved.
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Criminal law — Armed robbery — Identification evidence — Dock identification by a witness with prior acquaintance — Identification parade not mandatory — Alibi and burden of proof — Appellate review of state concession
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7 December 2000 |
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Interlocutory injunction discharged; plaintiff failed to show a good arguable right to restrain lender's sale of charged property.
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Registered Land Act s.68 — power of sale; interlocutory injunctions — equitable discretion; requirement of good arguable right; inquiry as to damages requires proof of loss
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7 December 2000 |
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Interlocutory injunction refused where plaintiff lacked possession, had no good arguable claim, and sought the injunction as sole substantive relief.
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Interlocutory injunctions — American Cyanamid principles — possession requirement for nuisance/trespass — interim relief should not grant final remedy — joinder of party in possession.
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1 December 2000 |
| November 2000 |
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Detention pending removal was unlawful; statutory mechanisms invoked did not lawfully authorize arrest or continued custody.
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Constitutional right to liberty — release with or without bail; inapplicability of Transfer of Offenders Act and Mutual Assistance in Criminal Matters Act where detainee is not convicted or otherwise lawfully detained; requirement for state to prove INTERPOL/foreign requests; unlawful detention pending removal; procedural requirements for property recovery
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16 November 2000 |
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Employer vicariously liable for bus driver's negligence; plaintiff awarded K100,000 reduced for 20% contributory negligence.
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13 November 2000 |
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Injunction refused: bank's demand notices and statutory sale powers complied with the Registered Land Act; damages and Registrar powers are adequate remedies.
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Registered Land Act — sections 60(2), 68 and 71 — validity of demand notices and default; effect of indulgence on notice; mode of sale (auction v private contract); Registrar approval and consequences of irregularity; injunction vs damages.
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10 November 2000 |
| October 2000 |
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Compulsory third‑party insurers remain liable to injured third parties despite a driver's lack of a valid licence; insurer may recover from insured.
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Road Traffic Act s.148 — compulsory third‑party insurance — effect of policy conditions — driver without valid licence — insurer liable to third parties; insurer's right to recover from insured
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29 October 2000 |
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Court held the Lilongwe parallel convention unlawful; NEC-elected chairman could not be unilaterally removed by the president.
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Political party law — interpretation of party constitution — validity of conventions — limits on presidential removal of NEC-elected officers — unlawful parallel conventions — compliance with interlocutory injunctions
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26 October 2000 |
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Employer liable for negligence where unguarded, aged machine and inadequate training caused worker's hand amputation.
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Employer's duty of care — provision of safe plant and appliances — safe system of work — aged unguarded machinery — prior safety recommendations ignored — negligence established; contributory negligence rejected for untrained new employee
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24 October 2000 |
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The applicant's interlocutory injunction to restrain sale dismissed for failure to show irreparable harm and due to loan defaults.
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Interlocutory injunction — Registered Land Act — notice period — reserve price and Lands Registrar approval — variation by charge/loan agreement — irreparable harm — balance of convenience — clean hands — loan default — right of chargee to realize security
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23 October 2000 |
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Default judgment set aside where defendant’s affidavit established a prima facie meritorious defence and counterclaim.
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Civil procedure — Setting aside default judgment (Order 13 Rule 9(2)) — Requirement to show a meritorious defence on affidavit — Plaintiff’s opposing affidavit on merits disregarded — Alleged counterclaim for breach of contract (under‑supply, unpaid rebates, removal of pumps).
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4 October 2000 |
| September 2000 |
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12 September 2000 |
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High Court confirmed an 18‑month sentence for breaking into a building and stressed timely review under section 15.
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Criminal law — breaking into a building and committing a felony — sentence confirmation — review jurisdiction under Courts Act and Criminal Procedure and Evidence Code (sections 15, 362) — timeliness of transmission and setting down — sentencing policy and commonplaceness
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8 September 2000 |
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5 September 2000 |
| August 2000 |
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Court reduced an excessive theft sentence to three years, considering illness and sentencing principles.
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Criminal law — Theft (s.278 Penal Code) — Sentence review — Excessive sentence — Maximum sentence reserved for worst instances — Mitigation: serious illness (tuberculosis) — Domestic hardships generally not mitigating — Economic context affects monetary thresholds for sentencing
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31 August 2000 |
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High Court reduced excessive sentences on review, stressing prompt transmission under section 15 and the mitigating effect of a guilty plea.
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Criminal procedure — High Court review powers (Courts Act ss.25–26; Crim. Proc. & Evid
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Code s.362) — Confirmation of sentences under s.15 — Duty of prompt transmission — Timely review required — Guilty plea reduces sentence — Sentencing moderation where only aggravation is concerted action
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31 August 2000 |
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28 August 2000 |
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Interlocutory mandatory injunction refused where contract terms and facts are disputed and damages are adequate.
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Contract for sale of goods — interlocutory mandatory injunction — high threshold: unusually strong case and high degree of assurance — disputed facts on affidavits — equity/clean hands — specific performance not appropriate — damages adequate.
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24 August 2000 |
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Turquand rule and apparent authority defeated an injunction where a family company failed to observe corporate formalities.
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Company law — director’s apparent authority — Turquand rule — enforcement of security — interlocutory injunction — non‑compliance with Companies Act formalities.
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21 August 2000 |
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High Court confirmed a 42‑month burglary sentence, applying a six‑year starting point and warning against registrar delays.
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Criminal law — Burglary — Sentencing: six‑year starting point; adjust for aggravating/mitigating factors; first offender mitigation; confirmation of 42‑month sentence; Registrar delays and limits under s.15(4) Criminal Procedure and Evidence Code; Prison Act remission considerations
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21 August 2000 |
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Court confirmed sentence despite plea and sentencing errors because delay made altering it unjust.
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Criminal procedure — Plea-taking irregularity — Counts must be read separately and pleas recorded per count; Curable defects (Criminal Procedure and Evidence Code ss 353, 362)
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Sentencing — Fines for compound felony generally inappropriate; default imprisonment limits (s.29 amendment) capped at three months for fines K100–K1000
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Review — undue delay may bar modification of sentence
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21 August 2000 |
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Delay in transmitting records prevented enhancement of an unduly lenient sentence on High Court review.
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Criminal procedure — Review of subordinate courts — High Court powers under Courts Act ss.25–26 and Criminal Procedure and Evidence Code ss.15, 362 — Mandatory transmission and timeous review — Enhancement of sentence on review — Effect of delay where sentence already served
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21 August 2000 |
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High Court confirms an 18‑month theft sentence, stressing timely review and registrar duties regarding prison rebate.
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Criminal procedure — Review of subordinate-court sentences (Courts Act s26; Crim. Proc. & Ev
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Code s362) — Mandatory confirmation (s15) — Registrar's duty and timeliness — Prison rebate (Prison Act s107) — Sentencing principles: guilty plea, first offender, value of stolen property
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21 August 2000 |
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Court set aside default judgment against a non-existent company; third party lacked standing under Order 12 but had interest under Practice Note 12/1/11.
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Civil procedure — Order 12 Rules 6 and 8 — leave to give notice of intention to defend — limited to a defendant; Practice Note 12/1/11 — setting aside default judgments obtained against non-existent companies; locus standi of interested third parties; costs.
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15 August 2000 |
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Detention beyond 48 hours without charge violates the Constitution; court ordered release on bail with conditions.
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Constitutional law — right to be brought before a court within 48 hours (s.42(2)(b)) — habeas corpus — prolonged detention unlawful — administrative difficulty not a defence — factors for balancing 'interest of justice' and liberty — bail as remedy
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8 August 2000 |
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A 15-month sentence for a young, first-time non-violent burglar was appropriate; first offenders should not be used mainly for general deterrence.
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Criminal law — Sentencing — Breaking into a building and committing a felony (s.311 Penal Code) — Mitigating factors: youth, first offender, guilty plea, low value of theft — Role of general deterrence and frequency of offence in sentencing
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3 August 2000 |
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On review the defendant's sentence for breaking and entering with theft was reduced due to doubtful evidence, minor trespass, and statutory detention limits.
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Criminal law — Breaking into a building and committing a felony (s.311 Penal Code) — Sentencing considerations: extent of trespass, violence or damage, and value/quantity of property stolen — Evidence credibility and overstatement of value — Review procedures and s.15(4) Criminal Procedure and Evidence Code — Warrant of commitment and limits on detention pending confirmation
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3 August 2000 |
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Court confirms eight-month sentence for theft by servant, stressing guideline application and timeliness of review given remission.
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Criminal law — Sentencing and review — Theft by servant (s.286 Penal Code) — Role of breach of trust — Application of sentencing guidelines — Effect of statutory remission (s.107 Prison Act) on review timeliness
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3 August 2000 |
| July 2000 |
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21 July 2000 |
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21 July 2000 |
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A fixed-term lease cannot be terminated by notice; forfeiture requires section 51 compliance, so the applicant's injunction is dissolved.
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Registered Land Act — section 51 and section 57(1)(a) — fixed-term lease — termination by effluxion of time — forfeiture and re-entry clause — equitable owner’s relief — validity of notice to quit — interlocutory mandatory injunction.
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14 July 2000 |
| June 2000 |
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Unregistered but evidenced charge can create an equitable security; injunction discharged and plaintiff secured in equity.
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Registered Land Act — unregistered charge and registration requirements; equitable charge by contract/part-performance; priority and notice; bona fide purchaser; injunction discharge; fraud allegation not established.
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29 June 2000 |
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23 June 2000 |
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22 June 2000 |
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22 June 2000 |
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Court reduced two-year jail term for graveyard trespass for being excessive and for failing to consider fines first.
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Criminal law — Trespass on burial place — Sentencing — Maximum custodial sentence imposed without reasons — Requirement to consider fine under Section 34 — Manifestly excessive — Sentence reduced on confirmation
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7 June 2000 |
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Court increased defendants' robbery sentence and ordered related sentences to run concurrently, limiting domestic mitigation.
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Sentencing — robbery — manifestly inadequate sentence increased on review; multiple related offences — consecutive order inappropriate; mitigation — limited weight to domestic matters and youth; concerted offending aggravates culpability
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7 June 2000 |
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On review the court set aside an excessive default sentence for escape, substituted 40 days' imprisonment, and clarified s29(3) and s15(3) obligations.
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Criminal law — Escape from lawful custody — sentencing principles; Penal Code s29(3) (amended) — limits on default imprisonment for fines; Criminal Procedure and Evidence Code s15(3) — prohibition on executing default imprisonment for fines >K100 until High Court confirmation; review of magistrate’s sentence
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7 June 2000 |
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Interim injunction refused where sale likely concluded at fall of hammer and damages were an adequate remedy.
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Interlocutory injunctions — American Cyanamid principles — adequacy of damages — auction sale (fall of the hammer) — detinue/conversion v breach of contract — undertaking as to damages — specific performance unavailable for chattels.
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5 June 2000 |
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Interim injunction for passing-off granted despite expiry or later registration of the contested design.
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Civil procedure — interlocutory injunction; passing-off — goodwill protected despite expiry of registered design; subsequent registration not a defence; adequacy of damages; status quo and balance of convenience
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4 June 2000 |
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Interlocutory injunction refused where damages were adequate and plaintiffs could not give reliable undertaking as to damages.
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Civil procedure — interlocutory injunction — application of American Cynamid test — adequacy of damages vs. irreparable injury; Sale by auction — effect of fall of the hammer on title and remedies (detinue/conversion or breach of contract); Employer as vendor — court cannot compel employer to provide loan facilities; Undertaking as to damages — plaintiff’s ability to compensate defendant for interim losses
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4 June 2000 |
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Appellant's guilty plea was voided due to denial of access to retained counsel and procedural failings; conviction set aside and acquitted.
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Criminal procedure — validity of guilty plea — requirement to reintroduce charge and explain elements before accepting plea; Right to counsel — access to retained lawyer; Police duty and court procedure — preventing consultation amounts to violation of constitutional right; Mistrial — setting aside conviction and sentence; Discretion on retrial
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1 June 2000 |
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A court must ensure supporting facts substantiate a guilty plea and alter the plea if contradictions raise reasonable doubt.
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Criminal procedure — Plea of guilty — Court must put elements of offence to accused; supporting facts must establish guilt; equivocal plea; duty to alter plea where caution statement raises denial; sentencing in theft requires proved value of property
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1 June 2000 |
| May 2000 |
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Attachment before judgment requires good cause, intent to defeat or delay, and evidence of disposition or evasion.
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Civil procedure — Order 8 (attachment/committal before judgment) — application requirements: writ issued; good cause of action; intention to defeat or delay claim or execution; disposition/evasion of property — anticipatory breach allows immediate suit — procedural safeguards for ex parte orders (short inter partes hearing, specify amount, undertakings).
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19 May 2000 |
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18 May 2000 |
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"Majority of the electorate" under the Constitution is satisfied by a candidate securing the most votes cast, not 50%+1 of registered voters.
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Constitutional interpretation — meaning of "majority of the electorate" in presidential elections — "electorate" and "suffrage" construed as registered voters exercising the vote; consistency between Elections Act s.96(5) (first-past-the-post) and Constitution s.80(2); transitional provision s.202 does not alter subsequent election rules; validity of Electoral Commission's declaration
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18 May 2000 |
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A demand for money by accusing someone of a crime amounted to extortion, not attempted theft; conviction quashed.
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Criminal law — Attempt — Definition under section 400; mens rea and overt act requirements — Distinction between attempted theft (actus reus: asportation/conversion) and extortion under section 305(a) — Conviction quashed where facts showed extortion not attempted theft
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11 May 2000 |
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The plaintiff’s interim and ex parte injunctions were refused; status quo preserved pending trial due to balanced equities.
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Interim and ex parte injunctions — American Cynamid principles — adequacy of damages and plaintiff’s undertaking — status quo pending trial — mandatory v prohibitory injunctions — director’s resignation and conditional resignation — unfairly prejudicial/oppressive conduct (Companies Act s203)
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10 May 2000 |