Results.
44 judgments found.
|
|
|
| December 2006 |
|
|
Applicants awarded damages for false imprisonment after unjustified 83-day detention; respondent did not defend.
-
False imprisonment — unlawful arrest and 83-day detention — absence of reasonable suspicion — assessment of damages for loss of liberty, dignity and reputation — Attorney General failure to defend — substantive award despite default.
|
31 December 2006 |
|
Where the accident's cause was established, res ipsa loquitur did not apply and nominal damages were awarded due to default-judgment uncertainty.
-
Motor vehicle accident — mechanical failure (severed wheel nuts) — res ipsa loquitur inapplicable where cause known — plaintiff must prove lack of due diligence — default judgment binds assessment but caution warranted — nominal damages awarded.
|
31 December 2006 |
|
Summary judgment refused where respondent raised a bona fide counterclaim and disputed valuation and workmanship requiring trial.
-
Civil procedure — Summary judgment (Order 14) — Bona fide counter-claim treated as defence — Set-off — Contractual requirement of interim certificate for payment — Dispute as to payment and defective workmanship — Need for trial and possible expert valuation.
|
31 December 2006 |
|
Applicant awarded six years’ salary for wrongful forced retirement; pension and gratuity denied for lack of evidence.
-
Employment law — wrongful/forced retirement — assessment of damages measured by prospective salary less mitigation; pension and gratuity require proof; mitigation considered in light of employee’s age.
|
31 December 2006 |
|
Assessment of damages for negligent contamination: general damages awarded; pecuniary and unpleaded special claims dismissed.
-
Tort — negligence — assessment of damages for personal injury; special damages must be pleaded and proved; proof required for loss of earning capacity and reduced life expectancy; multiplier method for future medical expenses; award of general damages for pain and suffering.
|
31 December 2006 |
|
Application for interest on delayed payment of damages against the government dismissed due to statutory limits and no wrongful withholding.
-
Interest on judgment debts — discretionary award — section 11(a)(v) Courts Act limits — distinction between debt and damages — equitable principle of wrongful withholding (London, Chatham & Dover) — execution against Government.
|
31 December 2006 |
|
Repair cost is the normal measure of damages for negligent vehicle damage; court awarded the reasonable repair quotation.
-
Tort — Motor vehicle damage — Measure of damages for physical damage is reasonable cost of repair — Competing repair quotations — Court may assess damages on available evidence where defendant fails to attend.
|
31 December 2006 |
|
Assessment of general damages for pain and suffering where medical incapacity exists but no proven loss of earning capacity.
-
Tort — Negligence — Assessment of damages — General damages for pain and suffering and loss of amenities — Medical evidence of permanent incapacitation — No loss of earning capacity where plaintiff obtained higher-paid work — Special damages must be pleaded.
|
31 December 2006 |
|
Whether cohabitation established a marriage entitling the applicant and her child to a share of and an accounting for the estate.
-
Intestate succession; marriage by cohabitation/custom; proof of issue; defective unsworn affidavit; summary judgment; duty of personal representatives to account.
|
31 December 2006 |
|
Assessment awards general and special damages for personal injuries; unpleaded loss of earning capacity disallowed.
-
Damages — assessment of general and special damages for personal injury — unpleaded loss of earning capacity cannot be awarded — prospective expenses for disability considered.
|
31 December 2006 |
|
The applicant was awarded K1,050,000 for amputation caused by negligent hospital treatment, plus costs.
-
Medical negligence — assessment of damages — amputation following improper IV insertion — res ipsa loquitur applicable; damages compensatory: pain and suffering, loss of amenities, medical expenses — default judgment on liability.
|
31 December 2006 |
|
Nominal damages awarded for alleged false imprisonment despite defendant's honest belief and binding default judgment.
-
False imprisonment — reasonable suspicion / honest belief defence — nominal damages awarded despite prior default judgment — assessment of damages.
|
31 December 2006 |
|
Keeper of a security dog is strictly liable for injuries caused; negligence need not be proved; damages to be assessed.
-
Tort — Dogs and dangerous animals — duty of care and breach; strict liability for injury by dogs under s.19 Control and Diseases of Animals Act; proof of bite sufficient; assessment of damages; procedural requirement for medical report (Order 18 r.12(1A))
|
17 December 2006 |
|
Court ordered clarification of "expedience" and granted particulars to streamline a specific-performance share dispute.
-
Specific performance — dispute over alleged promise of 20% shares — defence alleges letter to Immigration made for "expedience" — necessity to clarify meaning of "expedience" — scope of further and better particulars under Order 25 — interlocutory timetable for particulars, discovery and inspection
|
3 December 2006 |
| November 2006 |
|
|
Employment-related residence in Malawi does not establish domicile; court lacked jurisdiction and dismissed the divorce petition.
-
Family law — divorce jurisdiction; domicile — domicile of origin versus domicile of choice; residence and employment insufficient to establish domicile; requirement of settled intention to reside indefinitely; Whitelock v Whitelock; Bond v Bond
|
13 November 2006 |
|
Applicant failed to prove alleged fraudulent authorisations; debiting respondent’s account was unjustified.
-
Commercial law — merchant card processing — validity of authorisation codes — evidentiary burden and hearsay — failure to plead implied terms or illegality — recovery of debited merchant funds
|
13 November 2006 |
|
Judicial review limited; covert tapes breached privacy (damages), interrogations nullified, Vice‑President has no criminal immunity under section 91(2).
-
Constitutional law — judicial review limited to supervisory grounds; statutory constitutionality challenge not by judicial review
-
Criminal procedure — right to be informed and 48‑hour rule; committal proceedings transitory
-
Privacy — covert tape recordings breach s.21 and may render decisions Wednesbury‑unreasonable; damages available
-
Fair trial/administrative justice — right to inspect transcripts and hear recordings; interrogation nullified
-
Constitutional interpretation — s.91(2) grants criminal immunity to President only; Vice President not immune absent express constitutional provision
|
8 November 2006 |
|
Convictions based on unauthenticated photocopy documents and defective particulars were quashed for failure to prove essential elements beyond reasonable doubt.
-
Documentary evidence — authentication of photocopies — Criminal Procedure and Evidence (Documentary Evidence) Rules — primary vs secondary evidence — notice to produce originals; Criminal law — uttering false document (s.360) and forgery (s.356) — burden of proof beyond reasonable doubt; Criminal law — giving false information to public servant (s.122) — particulars must disclose essential elements; Failure to call material witnesses (MANEB/Electoral officials) — failure of justice; Sentence — custodial term manifestly excessive for first offender
|
6 November 2006 |
|
Section 65 is valid; applies to MPs who were party members at election, excludes independents/sole representatives and needs amendment.
-
Constitutional law — Crossing the floor (Section 65) — Validity and interpretation — Free mandate (Section 65(2)) — Constructive resignation/joining by conduct — Speaker’s factual determination — Discrimination against independents/sole representatives — Ministerial appointments subject to Section 65
|
6 November 2006 |
|
Section 65 is constitutionally valid; crossing the floor occurs when an MP voluntarily ceases party membership or joins another party represented in Parliament, with nuances for independents and ministerial appointments.
-
Constitutional law — Section 65 (floor-crossing) — validity versus Bill of Rights (freedom of association, conscience, expression, political rights) — purposive interpretation — Speaker’s role in determining voluntary cessation or joining — ministerial appointment and party endorsement — treatment of independents and sole representatives
|
6 November 2006 |
|
Convictions quashed where photocopied documents lacked authentication and charge particulars failed to disclose an offence.
-
Criminal law — documentary evidence — authentication of photocopies — secondary evidence rules; burden of proof and presumption of innocence; defective particulars of charge (s.122 Penal Code) causing failure of justice; electoral nomination forms and proof of qualification; CP&EC ss.3 and 5 limitations
|
6 November 2006 |
|
Surreptitious recordings breached the applicant's privacy; Vice‑President has no express immunity from criminal prosecution under section 91(2).
-
Judicial review — scope and limits; constitutional challenges to statutes require originating summons; right to privacy (s21) — inadmissible surreptitious recordings; right to fair procedural/administrative action (s43) — nullification of interrogations; 48‑hour rule (s42(2)(b)) — breach but alternative remedies available; presidential immunity (s91(2)) — does not extend to Vice‑President
|
6 November 2006 |
|
Default judgment on an amended writ was regular despite an included non-recoverable collection-costs claim; only that indemnity to be tried.
-
Civil procedure — Default judgment — Amendment of writ — Order 13 r.1 RSC compliance — Order 19 r.2(1) RSC entitlement to enter final judgment — Collection costs/indemnity not recoverable from debtor — Regularity of judgment — Reimbursement of sheriff fees reversed
|
1 November 2006 |
| October 2006 |
|
|
General denials without particulars cannot defeat a proper summary judgment supported by clear account documents.
-
Summary judgment — Order 14 rule 1 — plaintiff may seek judgment for reduced sum; general denials without particulars insufficient to defeat summary judgment; documentary account evidence may suffice on rehearing
|
31 October 2006 |
|
An appeal contesting low compensation cannot succeed absent a question of law or jurisdiction under section 65(2).
-
Appeal from
-
Industrial Relations Court — scope limited to questions of law or jurisdiction (section 65(2) Labour Relations Act) — assessment of compensation — devaluation adjustment — non-retrospective application of Employment Act 2000 — costs: each party to bear own costs
|
30 October 2006 |
|
Plaintiff with exclusive distributorship secured an injunction against dealers of alleged counterfeit 'Exide' batteries; revenue authority not restrained.
-
Trade marks — exclusive distributorship — protection against counterfeit goods — injunction — application of American Cyanamid principles — evidence of foreign trade mark registration — public revenue authority immunity from trade injunctions
|
30 October 2006 |
|
Interlocutory injunction restraining termination of a statutory chief officer refused for lack of a good arguable case and because damages suffice.
-
Interlocutory injunction; employment contract vs judicial review; American Cyanamid principles; doctrine of necessity; adequacy of damages.
|
30 October 2006 |
|
The respondent’s refusal to fund the applicants’ upgrading was procedurally unfair, lacked transparency, and was quashed.
-
Administrative law — Procedural fairness — Section 43 Constitution — Legitimate expectation — Failure to give reasons or apply transparent criteria — Judicial review — Quashing executive decision and ordering assistance/sponsorship
|
26 October 2006 |
|
Defective originating summons and improper service meant matter should proceed by writ; injunction incorporated into writ proceedings.
-
Civil procedure — abuse of process — duplicative proceedings — validity and mode of service of originating summons — proper mode of commencement (originating summons vs writ) — amendment/consolidation of proceedings — interlocutory injunction
|
12 October 2006 |
| September 2006 |
|
|
Court maintains plaintiff’s interlocutory injunction, finding delay excused and prima facie title established, pending full trial.
-
Interlocutory injunction — ex parte relief — delay and acquiescence — non-disclosure/clean hands — prima facie title via rates demand — balance of convenience — preservation of status quo
|
25 September 2006 |
|
A son born of a matrilineal marriage cannot be constitutionally disqualified from Ngoni chieftaincy succession.
-
Customary law — Chieftaincy succession — Whether a son born of a matrilineal marriage may succeed — Lobola no longer decisive — Customary practices subject to constitutional anti‑discrimination norms (s.20, s.23) — Nomination by clan unnecessary where qualified child exists
|
12 September 2006 |
|
Leave to appeal refused; interlocutory refusals to amend presidential referrals are not appealable.
-
Constitutional law — Presidential referral under section 89(1)(h) — Appealability of interlocutory orders — Leave to appeal discretionary — Referrals are advisory with no aggrieved parties — Stay pending appeal refused
|
3 September 2006 |
| August 2006 |
|
|
Appeal dismissed; traditional leaders’ boundary determinations and magistrate’s finding of encroachment upheld.
-
Land law — boundary dispute — encroachment/trespass — effect of long possession — weight and competence of determinations by village headman, group village headman and traditional authority — credibility of oral testimony
|
31 August 2006 |
| July 2006 |
|
|
An employee’s voluntary resignation does not entitle them to severance under section 35(1); acceptance is not mutual agreement.
-
Employment law — Severance allowance — Section 35(1) — Whether resignation qualifies as "termination by mutual agreement" — Acceptance of resignation does not create mutuality — Purpose: protect employees from employer-initiated abrupt terminations
|
31 July 2006 |
|
Summary possession under RSC O.113 unavailable where financier lacks registered title; unregistered memorandum is void.
-
RSC Order 113 r.1 — summary possession requires claimant to hold title; financier's equitable interest insufficient without title; Deeds Registration Act — compulsory registration of instruments affecting land; non-registration renders document null and void; bona fide purchaser protected
|
25 July 2006 |
|
Court granted interim injunction, ordered first respondent to answer within 14 days, condemned costs, and granted leave to appeal.
-
Civil procedure — interim injunction (Order 29 r.1 RSC) — preservation of status quo; Interpleader and trial on contested facts (Order 17 r.5 RSC); failure to respond to proceedings—consequences and costs; fixtures—whether structures affixed to land form part of the land; leave to appeal and fresh evidence on appeal
|
12 July 2006 |
| May 2006 |
|
|
Where a company effectively had only one member, that sole member was severally liable for the company’s debts.
-
Companies Act s42(1) — sole member liability; 'General Manager' as office not legal member; company prohibited from holding its own shares; annual return prima facie evidence of membership; collection charges payable by collecting party; interest limited to Courts Act s65 judgment rate
|
23 May 2006 |
| April 2006 |
|
|
Time was of the essence; applicant's failure to pay the balance justified respondent's cancellation; counterclaims failed.
-
Auction sale — express written conditions — time for payment — time of the essence — demand and payment periods — waiver and cancellation/repudiation — specific performance — entitlement to rents and liquidated damages; abandonment of unpleaded claim
|
26 April 2006 |
|
Ex parte injunction discharged where plaintiff failed full disclosure; bank entitled to enforce security by sale.
-
Commercial transaction — ex parte interlocutory injunction — duty of full and frank disclosure — enforcement of security by sale of pledged property — equitable surplus insufficient to restrain enforcement — injunction discharged; costs awarded
|
12 April 2006 |
| February 2006 |
|
|
Whether expiry of a bank guarantee extinguished charges over the applicant’s properties where the overdraft remained unsecured.
-
Bank guarantee; overdraft facility; consolidation of credit facilities; burden of proof to show alteration of terms; registration and discharge of charges; expiry of guarantee; wrongful detention of title deeds; refusal of damages where indebtedness subsists
|
28 February 2006 |
|
|
14 February 2006 |
|
Manufacturer liable in negligence where sealed product contained contaminant; damages to be assessed by Registrar.
-
Product liability/negligence — Manufacturer's duty of care to consumer — Defect present when product left factory — Failure of quality control/manual packing — Recoverable nervous shock and consequential physical harm
|
13 February 2006 |
|
Mandatory injunction granted to compel release of goods where consent order did not authorize retained lien for extra storage charges.
-
Mandatory/interlocutory injunction — consent order — scope of lien — storage charges — equitable relief for wrongful detention of goods — damages claim not appropriate in interlocutory application
|
1 February 2006 |
| January 2006 |
|
|
Court awarded custody to the mother on best-interests grounds, rejecting that unresolved marriage bars custody proceedings.
-
Family law — Child custody — Best interests of the child paramount — Court may decide custody despite unresolved marital status — Parental care vs. grandparental care — Parent under section 23(3) means mother/father
|
31 January 2006 |