Results.
10 judgments found.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |