Results.
29 judgments found.
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| December 2003 |
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Damages for wrongful occupation assessed by market rental value; plaintiff awarded K509,000 and assessment costs.
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Property law — Wrongful occupation — Measure of damages: market rental value — Assessment based on expert valuation (Knight Frank) — Unchallenged evidence — Award K509,000 — Costs of assessment for plaintiff
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31 December 2003 |
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Letters admitting rent arrears and failure to seek a stay for arbitration led to judgment on admissions and summary judgment for the plaintiff.
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Lease — rent and service-charge arrears — admission by correspondence — Order 27 r.3 (judgment on admissions) — arbitration clause — stay under Arbitration Act — failure to apply for stay — Order 14 r.1 (summary judgment) — costs.
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31 December 2003 |
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Summary judgment granted where plaintiff proved debt and defendant failed to file particulars or show a bona fide defence.
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Civil procedure — Summary judgment under Order 14 — Plaintiff’s documentary proof of debt — Defendant’s failure to file defence or affidavits with particulars — No bona fide defence — Judgment with costs.
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31 December 2003 |
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Whether service at a spouse's workplace renders a default judgment irregular and if a meritorious defence warrants setting it aside.
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Civil procedure — setting aside default judgment — Order 13 r 9 — service by post/last known address — service at spouse’s workplace — regularity of judgment — meritorious defence — right to trial.
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31 December 2003 |
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Assessment of general damages for assault and battery based on uncontested evidence and medical report.
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Tort — Assault and battery — Assessment of general damages — Pain and suffering, loss of amenities, injury to feelings — Weight of medical report versus continued employment and outpatient treatment.
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31 December 2003 |
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Where the respondent negligently damages the applicant's vehicle, the applicant is entitled to loss-of-use damages based on reasonable hire costs.
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Tort — Negligence — Motor vehicle collision — Liability for loss of use — Measure of damages for loss of use assessed by reasonable hire cost per day.
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31 December 2003 |
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Applicant awarded K457,000 for repair and loss-of-use after vehicle damaged by police officers; hire costs upheld.
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Assessment of damages — Vehicle damaged by state police — Repair costs and loss-of-use hire costs — Acceptance of undisputed evidence — Award of damages and costs.
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31 December 2003 |
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Default judgment set aside for irregular service; defendant's meritorious defence found; plaintiff to pay sheriff fees.
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Civil procedure — setting aside default judgment — service of process — personal service required under Order 65 r2 — third‑party acknowledgement and agency — meritorious defence — sheriff fees (s.44(3) Sheriff Act).
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31 December 2003 |
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Summary judgment refused where genuine disputes existed over amount recovered and entitlement to statutory 15% collection fees.
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Civil procedure — Summary judgment (Order 14) — Requirement of no bona fide defence; Solicitors’ collection fees — statutory 15% under Scales and Minimum Charges (Table 6); entitlement and timing of recovery; necessity of evidence on amount collected and plaintiff’s role; litigant in person claims and bill of costs.
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31 December 2003 |
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A respondent's general denial cannot resist summary judgment absent a shown bona fide defence to a conversion and delivery-up claim.
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Civil procedure — Summary judgment (Order 14) — General traverse insufficient — Defendant must show cause by affidavit to raise bona fide defence — Conversion/delivery up of vehicle — Change of registration as evidential admission.
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31 December 2003 |
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Summary possession under Order 113 inappropriate where ownership and bona fide purchaser issues require plenary proceedings.
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Property law — recovery of possession — Order 113 RSC — wrongful occupation vs purchaser with defective title — bona fide purchaser — summary proceedings inappropriate where title disputed — proceed by writ — service of process.
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31 December 2003 |
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Damages for conversion and loss of use awarded where defendants seized the plaintiff's household goods in her absence.
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Conversion; trespass to goods; measure of damages (market value at time of wrong v. value at assessment); damages for loss of use of domestic goods; assessment on uncontroverted evidence in default judgment
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31 December 2003 |
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Summary judgment granted where defendant’s uncorroborated assertion of cheque payment failed to disclose a bona fide defence.
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Civil procedure — Summary judgment (Order 14) — Defendant must show bona fide defence supported by credible evidence — Mere assertion of cheque payment insufficient — Production of bank statements or equivalent may be required — Non-attendance undermines defence.
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31 December 2003 |
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Summary judgment application undermined by material discrepancies between affidavit figures and particulars of claim, failing to prove the debt clearly.
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Civil procedure — Summary judgment (Order 14) — Plaintiff must prove debt clearly in affidavit — Inconsistencies between affidavit and pleadings — Omission of payments and unexplained numerical discrepancies defeat summary relief.
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31 December 2003 |
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Court continued attachment order where plaintiff sold preserved vehicle in bad faith and ordered consolidation and costs to defendants.
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Attachment/preservation orders — ex parte orders and abuse of process — sale of preserved property — bad faith conduct — consolidation of related proceedings — costs awarded.
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30 December 2003 |
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Whether a party may withdraw from a fixed-term employment agreement before commencement where the other party’s conduct amounts to anticipatory breach.
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Contract law — fixed-term employment agreement — pre-commencement withdrawal — anticipatory breach/repudiatory conduct — objective test — remedies; insufficient evidence for counterclaim.
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30 December 2003 |
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A second injunction duplicating an existing injunction is inappropriate; breaches should be enforced by committal proceedings.
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Civil procedure — Injunctions — Consent orders — Whether a consent order not reduced to final judgment estops further relief — Duplicate injunctions inappropriate — Breach to be enforced by committal
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28 December 2003 |
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An interlocutory injunction for an alleged right of way was upheld; suppression not proved and order discrepancy requires formal application.
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Civil procedure — interlocutory injunction — ex parte injunction — suppression of material facts — easement/right of way — prima facie entitlement — dissolution application — rectification of court order
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28 December 2003 |
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Fine alone inadequate for wildlife trafficking; imprisonment imposed despite statutory ambiguity and first-offender status.
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Wildlife law — National Parks and Wildlife Act s.110 — ambiguity in prescribed fine; penal statutes strictly construed; sentencing — first offenders (s.340 Criminal Procedure) — fine versus imprisonment; seriousness and public interest in wildlife trafficking; aggravating conduct (resistance, syndicate activity).
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28 December 2003 |
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Interlocutory injunction granted where disputed termination, inadequate remedy in damages, and triable issues require preserving the status quo.
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Contract law — interim relief — application of American Cyanamid principles — adequacy of damages and protection of goodwill — contractual notice requirements for termination
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23 December 2003 |
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Fair labour practice does not mandate repatriation to home regardless of circumstances; interest and collection-charge awards were overturned.
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Labour law — fair labour practices and repatriation — interpretation of constitutional right to fair labour practices; pleading and jurisdiction for awards of interest in subordinate courts; legal collection charges — who bears them under Legal Practitioners (Scale and Minimum Charges) Rules
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21 December 2003 |
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Judgment creditors cannot garnishee government funds; the Constitution and rules protect the Consolidated Fund and prescribe statutory remedies.
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Government immunity from execution; garnishee proceedings as enforcement; Order 77 r.15 applies in Malawi; s.8 Civil Procedure (Suits by and against Government and Public Officers) does not authorize common-law execution against State; Consolidated Fund appropriation required; administrative remedies for refusal or neglect to pay judgments
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15 December 2003 |
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S.337(1) applications may proceed within existing proceedings; veil lifted where the real debtor knowingly defrauded the creditor.
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Companies Act s.337(1) — lifting corporate veil — procedural form versus substance — s.337(1) application may be within existing proceedings — curable procedural irregularity — intention to defraud — director/shareholder personal liability
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11 December 2003 |
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Municipal assembly may lawfully levy rates despite dissolved councillors; equitable ownership suffices to make the university liable for arrears.
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Local Government Act — authority to levy and collect municipal rates despite dissolution of councillors; Valuation and rating — definition of 'owner' includes equitable interest; Assessable property — college buildings within municipal area; Pleadings — interest must be specifically pleaded; Legal practitioner’s collection costs recoverable at 15% where properly claimed
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11 December 2003 |
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No interlocutory appeal lies to the Supreme Court against a High Court finding that a defendant has a case to answer; appeal must await final judgment.
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Criminal procedure — interlocutory orders — whether a defendant may appeal a High Court’s finding of a case to answer — appellate jurisdiction under section 11(1) Supreme Court Act — finality test (Order 59)
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9 December 2003 |
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High Court can entertain no‑case submissions; prosecution evidence was sufficient under Galbraith to require the defendants to make a defence.
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Criminal procedure — Submission of no case to answer — High Court jurisdiction and common law right — Corrupt Practices Act s24(2) — Elements: corruptly give/promise/offer gratification as inducement — Galbraith test for no-case submission — Credibility of complainer (judge) — Amendment of charge under s254(2)
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7 December 2003 |
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A court-appointed receiver must protect the estate; failure may warrant summary judgment and personal costs liability.
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Wills and Inheritance Act — duties of court-appointed receiver to take possession, control and protect estate — Section 27 immunity covers acts, not omissions — summary judgment appropriate where receiver admits control and waste — personal costs for inaction
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7 December 2003 |
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The applicant successfully set aside a default judgment entered against the wrong party without proper service.
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Civil procedure — Default judgment — Irregular judgment where originating process not served on correct legal entity — Misnomer versus amendment — Ex debito justicie relief — Insufficiency of poorly labelled exhibits to prove prior payments.
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4 December 2003 |
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Delay and ill-health do not justify bail for a confessed murder/armed-robbery suspect who presents a real flight risk.
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Bail pending trial — section 42(2)(e) Constitution — Bail (Guidelines) Act — murder and armed robbery — exceptional/special circumstances — delay in prosecution and ill-health — confession and flight risk (INTERPOL arrest) — interests of justice test
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3 December 2003 |