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Citation
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Judgment date
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| December 2001 |
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Appeal against armed robbery conviction and eight-year sentence dismissed; alibi not pleaded and evidence was sufficient.
Criminal law – armed robbery – alibi defence and burden of proof – use and weight of co-accused statements under caution – corroborative physical evidence – sentence proportionality for aggravated robbery.
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21 December 2001 |
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Court refused transfer under s.75; reprosecution allowed and trial ordered at original Mzuzu venue.
Criminal procedure – Venue and transfer of trial (s.75 CP&EC) – Requirement to show fair and impartial inquiry impossible – Discharge under s.77(1) not a bar to reprosecution – Convenience of accused and witnesses – Security measures versus transfer.
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11 December 2001 |
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Court refused applicant's transfer application; respondent's discharge under s77(1) did not bar fresh prosecution.
Criminal procedure – transfer of venue (s75(1)(a)(ii), s75(3)) – discharge under s77(1) not a bar to fresh prosecution – balancing convenience of accused/witnesses and security measures
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10 December 2001 |
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Employer's seizure of former employee's household goods amounted to conversion; damages to be assessed, costs awarded to applicant.
Conversion – Seizure of former employee's household goods – Ownership and entitlement to possession – Lien and set-off versus wrongful taking – Failure to appear; trial proceeded in absence under Order 35 r.1(2) – Damages to be assessed by Registrar – Costs to plaintiff.
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10 December 2001 |
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An instalment-payment affidavit is not a s.3(1)(f) bankruptcy declaration; the court cannot extend the s.6(1)(c) three‑month limit.
Bankruptcy — s.3(1)(f) declaration — Rule 98/Form 2 compliance — s.6(1)(c) three‑month limitation — Rule 315 cannot extend statutory time — extension order void ab initio
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10 December 2001 |
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Court set aside improper statutory registration of a South African magistrate's judgment and ordered common-law commencement.
Enforcement of foreign judgments; territorial extension of British and Commonwealth Judgements Act; requirement of superior court judgments; procedural irregularities treated under Order 2; common-law action by writ to enforce foreign judgments; defences to foreign judgments (fraud, public policy, natural justice)
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9 December 2001 |
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Employer’s seizure and retention of ex‑employee’s goods after pension recovery constituted conversion; damages to be assessed.
Conversion – ownership and entitlement to possession – wrongful taking and retention of chattels – lien and debt recovery – damages to be assessed by Registrar – costs awarded
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9 December 2001 |
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Divorce granted where respondent committed adultery, cruelty and constructive desertion; ancillary relief deferred for separate hearing.
Matrimonial law - Divorce grounds: adultery (inference from cohabitation and child), cruelty (single act suffices), constructive desertion; collusion in undefended petitions; jurisdiction/domicile; custody, maintenance and property division deferred to chambers
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9 December 2001 |
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Adultery inferred from cohabitation justified divorce; custody, maintenance and costs awarded to the petitioner.
Divorce — Adultery — Proof by inference from cohabitation and conduct; standard of proof: balance of probabilities — Collusion/condonation — Jurisdiction: domicile — Custody and maintenance endorsement — Costs follow the event (no limit).
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5 December 2001 |
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Both drivers were negligent: defendant for improper parking without warnings, plaintiff’s driver for excessive speed; liability apportioned 50/50.
Road traffic negligence – duty of care of drivers – negligent parking on or near road without warning – contributory negligence by excessive speed and failure to keep proper lookout – apportionment of liability 50:50.
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3 December 2001 |
| November 2001 |
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Plaintiff awarded compensatory damages for workplace negligence causing loss of three fingers and reduced earning capacity.
Negligence - workplace injury - assessment of damages in defendant's absence - heads of damage: pain and suffering, loss of amenities, disfigurement, loss of earning capacity - prior compensation inadequate
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29 November 2001 |
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Interim injunction upheld in judicial review; Section 10 does not bar injunctions protecting constitutional rights.
Judicial review – interlocutory injunctions – Section 10 Cap. 6:01 – constitutional remedy – Speaker as party to review – ex parte non-disclosure – American Cyanamid balance of convenience.
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27 November 2001 |
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Court continued interim injunction in judicial review, holding Section 10 Cap.6:01 does not bar injunctions protecting constitutional rights.
Judicial review – interlocutory injunction against Speaker/Attorney General – applicability of Civil Procedure (Suits by or Against Government) Act s.10 – constitutional power to grant effective remedies – Speaker must be party where declaratory relief is sought – American Cyanamid principles applied
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26 November 2001 |
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Plaintiff awarded lost salary, commuted leave and death gratuity; housing allowance refused; interest from 21 May 1994 at 25% p.a.; costs awarded.
Civil service — Wrongful dismissal — Assessment of lost salary, commuted leave and death gratuity; refusal of housing/ancillary allowances absent contractual entitlement; interest on judgment debts — discretionary award from effective date of entitlement at 25% p.a. simple interest.
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23 November 2001 |
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A summons for security for costs does not stay proceedings; plaintiff validly entered default judgment, so security application dismissed.
Civil procedure – security for costs (Order 23) – foreign plaintiff – effect of summons for security on proceedings – default judgment – setting aside default judgment – post-judgment security only where judgment directs further proceedings.
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22 November 2001 |
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Court refused injunction preventing mortgagee’s contractual power of sale; plaintiff lacked a good arguable case.
Civil procedure – interlocutory injunction – application of American Cyanamid test; Mortgage law – contractual power of sale – courts reluctant to restrain a bona fide exercise of power of sale under a legal charge.
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9 November 2001 |
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Assessment of damages for an 11‑year‑old’s death: K20,000 for life expectancy loss and K15,000 for dependency, plus costs.
Damages – death of child – assessment of loss of expectation of life and dependency – quantum for infants versus adolescents – conventional awards guided by precedent.
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7 November 2001 |
| October 2001 |
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Court found quo warranto-equivalent relief available, a triable issue existed, and granted an interim injunction to preserve the status quo.
Constitutional & administrative law – quo warranto and injunctive relief – received English statutes as Malawi law – procedure: judicial review v ordinary action (O'Reilly v Mackman exceptions) – res judicata and adequacy of damages – balance of convenience for interlocutory injunction
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21 October 2001 |
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High Court has concurrent jurisdiction over many labour disputes; Industrial Relations Court’s jurisdiction is limited and does not oust ordinary courts.
Constitutional jurisdiction of High Court – Concurrent jurisdiction with Industrial Relations Court – Limits of Industrial Relations Court’s jurisdiction under Labour Relations Act and Employment Act – Distinction between statutory unfair dismissal and common-law contractual/tort remedies – Transfer versus dismissal of proceedings – Injunctive relief in labour disputes.
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16 October 2001 |
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Interlocutory injunction to restrain alleged subletting was justified to preserve the status quo pending trial.
Interlocutory injunction — preservation of status quo pending trial — advertisement as evidence of intention to sublet or transfer — tenancy at will v. subsisting lease — successor in title’s rights and consent to subletting — weight of prior interlocutory findings.
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14 October 2001 |
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A confession by one accused is not evidence against another; students need proof of an arrangement to be guilty under s57.
Education Act s57 – possession and communication/use of examination papers; admissibility of confession only against maker unless adopted; hearsay inadmissible; students cannot be convicted absent evidence of arrangement to be principals
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11 October 2001 |
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Interlocutory injunction upheld to prevent tenant's potential subletting or transfer without landlord's consent pending trial.
Interlocutory injunction – preservation of status quo pending trial; advertisement as indication of intended subletting/assignment; tenant-at-will versus tenancy; requirement of landlord's written consent for subletting/transfer; successor-in-title rights; prior interlocutory orders not final
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3 October 2001 |
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Interlocutory injunction restraining sale vacated where Registered Land Act transfer cured irregularities and damages are adequate.
Interim injunction — Registered Land Act (s.68, s.71(3)) — sale by chargee — transfer/Registrar’s certificate cures irregularities — American Cyanamid principles — adequacy of damages as remedy
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2 October 2001 |
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Young children, including a 1½-year-old, do not automatically constitute exceptional circumstances to warrant bail in a homicide case.
Criminal law — Bail in serious offences — Exceptional circumstances required for bail — Young children of accused not automatically exceptional; recourse under s.60 Prisons Act for unweaned infants
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1 October 2001 |
| September 2001 |
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Court granted divorce for proven cruelty (habitual drunkenness and violence), awarded custody to petitioner and ordered respondent to pay costs.
Family law – Divorce for cruelty – habitual intoxication and violence as matrimonial offence – petitioner’s sole evidence accepted – decree nisi granted; custody to petitioner; respondent to pay costs – comparative reference to Divorce Reform Act 1969; need for reform of Divorce Act and customary family law procedures
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30 September 2001 |
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Conviction for indecent assault of a child under 14 is unsafe without corroboration; conflicting medical reports created reasonable doubt.
Criminal law – Sexual offences – Evidence of child complainant under 14 requires corroboration – Medical evidence as corroboration – Conflicting medical reports render conviction unsafe.
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28 September 2001 |
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Missing trial record and uncertain appeal date do not by themselves constitute exceptional circumstances for bail pending appeal.
Criminal procedure – Post-conviction bail – Exceptional circumstances required – Missing trial record and uncertain appeal date do not alone justify bail – Right of appeal; administrative lapse
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26 September 2001 |
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An acquitted public servant was awarded damages for false imprisonment and malicious prosecution and recovery of withheld salary.
False imprisonment – short detention with ill-treatment – damages assessed; Malicious prosecution – acquittal entitles plaintiff to damages; Employment law – withheld salary after acquittal cannot lawfully be forfeited; Remedies – award of wages withheld plus costs where defendant defaulted.
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25 September 2001 |
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Power of sale valid after three months; private treaty sales lawful if in good faith; irregularities yield damages only.
Registered Land Act – demand notice and default (s68) – power of sale after three months (ss60(2),68(2)) – sale by private treaty valid if in good faith (s71) – Registrar approval not strictly fatal – remedy for irregularity is damages (s71(3)).
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20 September 2001 |
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Conviction for conspiracy quashed where court improperly relied on co-accused confessions and failed to prove a single agreement.
Criminal law – Conspiracy – Admissibility and weight of confessions under s176 Criminal Procedure and Evidence Code – Confessions admissible only against maker unless adopted – Statements to police not in furtherance of conspiracy (res gestae) – Confessions obtained by duress/torture inadmissible or to be given no weight – Burden to prove single agreement among accused.
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19 September 2001 |
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Interim injunction granted to restrain defendant’s occupation of disputed land; widow-signed sale document deemed invalid under Statute of Frauds.
Land law – interim injunction – trespass and occupation – beneficiary’s locus standi to sue – Statute of Frauds 1677 – validity of purported sale document signed by widow – balance of convenience and irreparable harm.
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18 September 2001 |
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Convictions quashed because the appellants' confessions could not be used against co-accused and no single conspiracy was proved.
Criminal law – Conspiracy: requirement of proof of a single agreement among alleged conspirators; Confessions/Caution statements – admissible only against maker unless adopted; statements obtained by torture/duress must be given no weight; section 176 Criminal Procedure and Evidence Code; hearsay/res gestae exceptions; appellate reversal for insufficient evidence
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18 September 2001 |
| August 2001 |
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Adjourning a contempt hearing to another day deprives the court of summary jurisdiction, rendering any subsequent conviction a nullity.
Contempt of court – Summary jurisdiction lost by adjournment – Requirement to warn potential contemnor before summary charge – Need for formal charge sheet and avoidance of duplicity – Procedural defects render conviction a nullity – Sections 113 Penal Code; Sections 353(2)(a)(i) and 362 Criminal Procedure and Evidence Code.
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31 August 2001 |
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High Court lacks first-instance jurisdiction over Employment Act labour disputes; such claims belong in the Industrial Relations Court.
Employment law — jurisdiction — High Court's unlimited original jurisdiction (s108) does not displace the Industrial Relations Court's primary procedural role for employment disputes; severance pay — forum — defective commencement — dismissal, not transfer
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30 August 2001 |
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Five-month imprisonment for breach-of-peace offence was unlawful; court ordered immediate release.
Criminal law – Sentence review – Section 181 Penal Code (conduct likely to cause breach of the peace) – statutory maximum custody three months – “fine and imprisonment” read disjunctively – failure to consider fine, community service, and Sections 339–340 alternatives – review court substituted sentence for immediate release
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30 August 2001 |
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The applicant's illness and alleged alibi do not constitute exceptional circumstances to grant bail in a murder charge.
Criminal procedure — Bail in capital offences — Exceptional circumstances required; illness not exceptional unless terminal or detention-induced; alibi or weak prosecution case insufficient; bail applications must not become mini-trials
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29 August 2001 |
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An interlocutory injunction preventing an employer recovering company property was discharged as damages were an adequate remedy after termination.
Interlocutory injunctions – American Cyanamid principles – adequacy of damages as remedy – ex parte applications and nondisclosure/misrepresentation – employer’s right to recover company property after employment termination – publication of notice that employee no longer occupies post.
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24 August 2001 |
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Order 14 summary disposal refused because the disputed cause of the accident was a factual issue requiring a full trial.
Civil procedure — Order 14 summary disposal — question of law v. fact; Workers Compensation Act s.4(2)(b) — negligence, deliberate self-injury, serious and willful misconduct; requirement of evidence for exclusions under compensation statute.
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23 August 2001 |
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Ex parte interlocutory injunction discharged where applicant deliberately suppressed material facts and misled the court.
Civil procedure – Ex parte interlocutory injunction – Duty of full and frank disclosure – Suppression of material facts – Order obtained by misrepresentation discharged.
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22 August 2001 |
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Sheriff’s fees (poundage) are due once goods are seized; the party who caused execution is liable even if no sale occurs.
Sheriff’s fees/poundage — entitlement upon seizure of goods — execution levied but no sale — Courts Act Schedule; Sheriffs Act; local precedents (Maunde; Sheriff v Press Produce) — Re Ludmore distinguished — liability of party initiating execution — court power to order payment of Sheriff’s costs when setting aside execution.
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17 August 2001 |
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Hearing set aside because plaintiff failed to provide for acknowledgment of service and allowed insufficient time after postal service.
Civil procedure – Originating Summons (Order 7 r.2, Form 10) – requirement to provide for acknowledgment of service and to serve acknowledgment form – postal service deemed effective after seven days – premature hearing where defendant not given full time to acknowledge service – power to set aside hearing and direct amendment
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9 August 2001 |
| July 2001 |
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A conditional offer that failed to arise prevented contract formation; claim dismissed and defendant awarded costs.
'Contract law' – conditional offer; formation of contract; sale of goods; acceptance; burden and standard of proof; costs follow the event
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29 July 2001 |
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Assessment of wrongful-death damages: awards for loss of expectation and dependency, apportionment, and minors' shares lodged in court.
Wrongful death — assessment of damages — loss of expectation of life; loss of dependency — multiplicand and multiplier method; one-third deduction; apportionment among dependants; minors' shares to be paid into court.
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18 July 2001 |
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Court dismissed an oral Order 14A summary application, finding disputed facts and improper procedure; case to proceed to trial.
Defamation (libel) – qualified privilege – publication admitted by newspaper – Order 14A summary disposal – procedural requirement that disputed factual issues be resolved at trial – oral Order 14A application at final hearing improper
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15 July 2001 |
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Interim injunction granted in a passing-off claim where damages inadequate and balance of convenience favoured the applicant.
Passing off; interlocutory injunctions (American Cyanamid principles); adequacy of damages in passing-off claims; balance of convenience/incidence of injustice; billboard advertising confusion.
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15 July 2001 |
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Oral Order 14A disposal at trial refused where disputed factual issues and procedural requirements necessitated a full trial.
Defamation — publication by newspaper — qualified privilege defence; Order 14A applications — suitability and procedure; necessity to prove disputed facts at trial when defendant absent
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15 July 2001 |
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A spouse has standing to challenge deportation; deportation unlawful where statutory visa-exemption and procedural safeguards ignored.
Constitutional law – standing under s15(2) and s46 – broad ‘sufficient interest’ test; Administrative law – duty to give written reasons and notification of appeal; Immigration law – visa-exemption schedule for Nigerian nationals; Judicial review – Wednesbury unreasonableness; Family rights – consideration of marital/consortium interests in immigration decisions
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7 July 2001 |
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Wrongful but clear termination entitles the applicant to notice pay; overtime and accrued leave awarded, other claims denied.
Employment law – wrongful but clear termination – contractual requirement of one month's notice or pay in lieu – termination effective despite breach – damages limited to notice period – entitlement to unpaid overtime and accrued leave – insufficient proof for additional pension refund
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3 July 2001 |
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Employer vicariously liable for guards' battery and false imprisonment; bicycle trespass proven; K60,000 awarded.
Tort — Battery and false imprisonment by security guards; vicarious liability of employer; trespass to chattel (bicycle); assessment and quantum of damages; absence of defendant at trial
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1 July 2001 |
| June 2001 |
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Court allowed defendant to amend defence to add specific performance claim, ordered amended pleadings within 40 days and costs on defendant.
Civil procedure – Amendment of pleadings – Leave to amend defence and counterclaim to include specific performance – Summary judgment under Order 86 rule 8 – Prejudice and costs – Discretion to allow amendments at hearing stage.
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26 June 2001 |