Results.
21 judgments found.
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| July 2007 |
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An organiser cannot oust court review by rule; summary disposal refused due to a disputed issue of the plaintiff's age.
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31 July 2007 |
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Fraudulent collection and sale by family members did not defeat the plaintiff's title; purchaser lacked protection and possession was restored.
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Land law — Order 113 converted to writ where serious dispute arises — Title and lease fraudulently obtained by family member — Sale to third party not protected if purchaser had notice or was negligent — Fixtures and improvements form part of land — Possession and costs awarded to plaintiff.
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31 July 2007 |
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Whether a co‑accused can be convicted absent common intention and whether a young first offender’s sentence should be mitigated.
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Criminal law — Assault and bodily injury — Common intention — Liability of co‑accused — Circumstantial and direct evidence; Sentencing — mitigation for youth and first offender; Quashing convictions where no joint criminal enterprise established.
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31 July 2007 |
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Leave granted for judicial review of the Speaker's indefinite budget adjournment; ex parte mandatory reliefs and appropriation orders refused.
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Judicial review — Standing of applicant (student union president) — Wednesbury unreasonableness — Public/constitutional law — Leave to apply for judicial review granted — Ex parte mandatory and prohibitory interlocutory injunctions refused — Separation of powers: Parliament's exclusive appropriation authority — Directions for expedited inter-partes hearing.
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30 July 2007 |
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Bail granted subject to bonds, sureties, monthly police reporting, travel restrictions, and forfeiture on breach.
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Bail application — grant of bail — conditions of bail — bail bonds and sureties — reporting requirement — travel restriction — forfeiture and cancellation on breach.
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24 July 2007 |
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The court granted bail to the applicant subject to monetary bonds, sureties, monthly police reporting and travel restrictions.
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Bail — Grant of bail — Conditions imposed including monetary bail bond and sureties — Reporting to police — Travel permission required — Forfeiture on breach
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24 July 2007 |
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Court granted bail with specified non-cash bonds, surety requirements, reporting and travel conditions, and forfeiture on breach.
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Bail — Granting of bail pending trial — Conditions of bail including bail bonds and sureties — Reporting requirements — Travel restrictions — Consequences of breach (cancellation and forfeiture).
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24 July 2007 |
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Conviction quashed where employee-driver was not vehicle owner and employer remedied the defective tyres.
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Traffic offence — driving with worn tyres — liability of driver versus employer/owner — appropriateness of prosecuting employee where employer remedied defect.
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16 July 2007 |
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An equivocal guilty plea must be treated as not guilty; conviction quashed rather than ordering retrial to avoid further injustice.
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Criminal procedure — Plea of guilty — Equivocal plea requiring recording of not guilty and full hearing — Section 251 proviso — Remedy of quashing conviction where retrial would cause injustice due to detention period.
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16 July 2007 |
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A political party cannot be joined in judicial review against a public officer; Order 53 r.9(1) governs joinder requests.
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Administrative law — Judicial review — Procedure for persons desiring to be heard or joined — Order 53 r.9(1) governs; Joinder — Political party not a proper party in judicial review against a public officer; Speculative electoral interest insufficient for joinder.
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15 July 2007 |
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Owner recovers replacement value where hire operator unlawfully used vehicle without required permits; contract enforceable absent mutual illegality.
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Contract law — hire of vehicle — illegality under Road Traffic (Operator and Road Service Permit) Regulations — distinction between mutual and unilateral illegality — operator's responsibility for permits — measure of damages for total loss (replacement value) — loss of use not proved
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14 July 2007 |
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Accusations of witchcraft are not actionable per se absent imputation of crime or proof of special damage.
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Defamation — Slander — actionable per se — imputation of criminal offence under Witchcraft Act s.4 and s.6 — proof of special damage — assessment of damages.
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13 July 2007 |
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Bail is constitutional but not absolute; court refused bail where the state’s no-objection was uninformed and counsel were unprepared.
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Criminal procedure — Bail — Bail is a constitutional right but not absolute — Court’s duty to scrutinize bail applications — State’s lack of informed objection and unprepared counsel undermining merit of no-objection stance.
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12 July 2007 |
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Bail denied where the applicants sought bail while the prosecution and counsel were unprepared; bail is not absolute.
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Criminal procedure — Bail — Constitutional right under section 42 — Not absolute; judicial discretion required — Court must satisfy itself that bail is merited — Prosecution preparedness and counsel presence material to bail assessment.
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12 July 2007 |
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Court reintroduced a limited bail reporting requirement to enable policing and protect the accused, despite previous removal.
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Criminal procedure — Bail — Variation of bail conditions — Reporting requirement for movements within Malawi — Protection of accused and policing considerations — Functus officio.
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12 July 2007 |
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Bail refused for robbery suspect due to seriousness and risk of interfering with an absconded witness.
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Criminal procedure — Bail — Robbery charge — Seriousness of offence — Risk of interfering with witnesses (absconded witness) — Speedy investigation and prosecution.
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10 July 2007 |
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Bail refused for applicant charged with robbery due to risk of interfering with witnesses despite completed investigation.
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Criminal law — Bail application — Robbery — Seriousness of offence — Risk of interfering with witnesses — Completion of investigation not determinative — Need for speedy prosecution.
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10 July 2007 |
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Plaintiff awarded K250,000 for malicious prosecution and false imprisonment; defamation and unpleaded special damages dismissed.
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Tort — False imprisonment and malicious prosecution — assessment of damages; constitutional 48‑hour limit for detention; failure to plead special damages; late adjournment refused.
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9 July 2007 |
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Court ordered an inter partes, expedited hearing on a joinder application in judicial review of the Speaker's actions.
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Constitutional/Parliamentary procedure — petitions under section 65 for 'crossing the floor' — judicial review and ex-parte interlocutory injunction — civil procedure: intervention/joinder under Order 15 r.6(2)(b) and r.3 — discretion to join parties — expedited inter partes hearing.
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3 July 2007 |
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Employer’s instruction to reconcile missing cash was justified; police arrest and prolonged detention were acts of the State, not employer liability.
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Tort — False imprisonment — Requirement to prove imprisonment and absence of lawful authority — Employer’s request to remain to reconcile missing cash not false imprisonment; informant not liable where police act on their own initiative; detention beyond 48 hours is the responsibility of the State
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3 July 2007 |
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Court refused to discharge ex parte leave and injunction; raised serious challenge to regulations not laid before Parliament under section 58.
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Administrative law — ex parte leave to apply for judicial review — setting aside leave: material non‑disclosure and arguability; Constitutional law — subsidiary legislation: requirement to lay regulations before Parliament (s58(1)) and prohibition on delegation affecting fundamental rights (s58(2)); validity of Exchange Control (Foreign Exchange Bureaux) Regulations 2007; interlocutory injunction and adequacy of damages
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1 July 2007 |