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| November 2014 |
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Committal for contempt requires personal service of notification of adjourned hearing; lack of proof of service led to dismissal.
Committal for contempt – personal service of order and notice required – adjourned hearing dates require fresh personal service unless dispensed by order – absence of proof of service fatal to committal application.
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6 November 2014 |
| October 2014 |
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Whether a central bank lawfully revoked a bank's licence and reclaimed supervision and forensic audit costs.
Banking law – revocation of banking licence – statutory powers under Banking Act (ss 10, 31) – due process and urgency; Prudential supervision – recovery of costs (s 53) – forensic audit fees recoverable; Constitutional/administrative law – natural justice and section 43 – adequacy of hearing in urgent financial contexts; Consent orders and side letters – duress, waiver and estoppel; Public law torts – misfeasance in public office – bad faith not established; Interest – compound interest awarded.
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27 October 2014 |
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Petition for recount and alleged barring of monitors dismissed for failure to prove material irregularities.
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17 October 2014 |
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Prior consent settlement on identical facts can preclude a defendant from maintaining a bona fide defence, justifying summary judgment.
Civil procedure — Summary judgment under Order 14 r.1 — Bhogal two-stage test: credible defence and bona fide defence — Effect of prior consent order/compromise on issue estoppel and res judicata — Whether prior settlement on same facts precludes denial of liability.
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7 October 2014 |
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In customary marriages matrimonial property is often jointly ‘held’ and, absent special circumstances, should be valued and divided equally under constitutional fairness principles.
Matrimonial property — Customary-law marriages (Chitengwa) — Disposal governed by customary fairness principles and Constitution s24(1)(b)(i),(ii) — ‘Held’ versus ‘owned’ — Registration not conclusive — Equal sharing ordinarily applies — Maintenance interplay with property division
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7 October 2014 |
| September 2014 |
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Stay of execution pending appeal denied where applicant failed to prove successful party could not repay the award.
Civil procedure – stay of execution pending appeal – party seeking stay must adduce evidence that successful party cannot repay; discretionary balancing of risks; ‘‘broad approach’’ (ruin and prospects of success) not displacing traditional test.
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25 September 2014 |
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The respondent employer breached its duty by failing to provide adequate safety equipment and safe work systems, causing the applicant's injuries.
Employer's duty of care; provision of safety equipment; safe system/place of work; foreseeability of injury; contributory negligence and de minimis; liability for workplace injuries; damages reserved
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25 September 2014 |
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17 September 2014 |
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Winding up ordered where company failed to pay debts after statutory 21‑day demand; official receiver appointed.
Company law – Winding up – Inability to pay debts – Statutory 21‑day demand – Creditor’s petition – Appointment of official receiver
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16 September 2014 |
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11 September 2014 |
| August 2014 |
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Summary judgment under Order 14 inappropriate where contractual terms and disputed facts require full trial; application dismissed with costs.
Civil procedure — Summary judgment (Order 14) — Debt claim for unpaid bills — Requirement that defendant have no defence — Disputed contractual terms and need for taxation/ full trial.
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12 August 2014 |
| July 2014 |
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Conviction upheld; sentence increased from six years IHL to eighteen years imprisonment without hard labour.
Criminal law – Defilement – sentencing starting point 14 years – aggravating factors: breach of trust, planning, repeated assault, violence, injury, lack of remorse – mitigation: first offender (limited).; Exercise of discretion under s.27(1) Penal Code to impose imprisonment without hard labour.; Protection of child victims’ identities – Registrar to obscure/remove names from public records.; Prosecutorial consideration that rape may be charged where intercourse with a child occurred without consent.
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16 July 2014 |
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Failure to file and serve a notice of appointment of legal practitioners is a fundamental irregularity barring counsel’s right of audience, warranting dismissal of the appeal.
Civil procedure – notice of appointment of legal practitioners – requirement to place counsel on record – right of audience; Procedural irregularity – whether omission is fundamental or curable under O.2 r.1 RSC; Access to justice – constitutional argument not determinative where counsel not on record; Default judgment – appeal dismissed for counsel not validly on record.
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8 July 2014 |
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The applicant's election petition was dismissed as time-barred; broadcast declaration triggered the seven-day filing period.
Electoral law – Time limits for election petitions – Interpretation of section 100(1) PPE Act – Computation of time (General Interpretation Act s45) – Effect of section 99 publication requirements on commencement of limitation period – Declaration by broadcast sufficient to trigger time limit.
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4 July 2014 |
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The applicant failed to show alleged tally-sheet tampering likely affected the result; recount denied and petition dismissed.
Election law – Parliamentary and Presidential Elections Act s114(4) – requisites for recount; burden of proof (balance of probabilities); s93(2) entitlement to copies of tally summaries; parallel vote tabulation admissibility and reliability; electoral transparency and safeguards for tally-sheet alterations.
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3 July 2014 |
| June 2014 |
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Court stayed civil damages proceedings pending resolution of perjury charges arising from the plaintiff's testimony to avoid prejudice.
Inherent jurisdiction — stay of civil proceedings pending criminal perjury trial arising from testimony in the civil case — risk of prejudice to fair trial — le criminal tient le civil en etat
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15 June 2014 |
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A regular default judgment may be set aside if the defendant shows a real-defence, but delay and abuse justify conditional relief (payment into court).
Civil procedure – Default judgment – Setting aside regular default judgment – Discretionary relief under Order 13 r9/Order 19 r9 – Defendant must show defence on merits with real prospects of success – Delay, explanation and abuse of process relevant – Conditional setting aside (payment into court and service of defence).
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11 June 2014 |
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Stay of execution granted where the respondent failed to show ability to repay damages; awarded sums ordered paid into court pending appeal.
Civil procedure — Stay of execution — Order 59 r 13 — Appeal against award of damages — Risk of nugatory appeal — Requirement to show inability to repay — Payment into court pending appeal.
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10 June 2014 |
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An administrator not formally substituted has no capacity to apply to set aside a default judgment; application dismissed.
Default judgment — set aside — Order 13 r 9 & Order 19 r 9; capacity to apply/substitution of parties; service of process; defective affidavit; discretionary relief.
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10 June 2014 |
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Following a default judgment on liability, the court awarded K1,700,000 for general damages plus special damages and costs.
Damages assessment – default judgment establishing liability – general damages for pain, suffering, loss of amenities and disfigurement – consideration of comparable authorities and currency devaluation – award of special damages and costs.
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2 June 2014 |
| May 2014 |
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Ex parte injunction continued where committee could not show lawful authority to levy parking fees and damages were inadequate.
Administrative law – interim injunction – American Cyanamid test – arguable claim to illegality of levied parking fees – inadequacy of damages where drivers detained – balance of convenience – duty of full and frank disclosure in ex parte applications
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26 May 2014 |
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Default judgment set aside where third party disclosed triable defence, though third‑party notice was irregular for lack of prior court leave.
Civil procedure – Setting aside default judgment – Order 13 r 9 and Order 19 r 9 – applicant must disclose defence on the merits or triable issue – draft defence showing denial of negligence and plea of contributory negligence – Third‑party notice – requirement of prior leave under Order 16 r 1(2) – discretion as to costs.
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5 May 2014 |
| April 2014 |
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Default judgment set aside where defendant disclosed triable defence; delay and assessment issues did not bar relief, costs awarded.
Civil procedure – Default judgment – Setting aside regular default judgment under Order 13 R.9/Order 19 R.9 – Defendant must disclose defence on the merits or triable issue with real prospects of success – Delay and prejudice considered but not determinative; costs may cure prejudice.
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28 April 2014 |
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Applicant granted leave for judicial review after health office refused a detailed medical report; proceedings expedited.
Judicial review — Leave to apply under Order 53 r.3 — Locus standi — Provision of detailed medical reports by public health authority — Amendment of relief — Urgency and abridgement of time.
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1 April 2014 |
| March 2014 |
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A statutory university lecturer is not a civil servant for eligibility disqualification; leave of absence is not resignation.
Election law – candidate eligibility – "public office" defined narrowly as civil service – university lecturers not civil servants – leave of absence v. resignation – s51(2)(e) Constitution; s40 Parliamentary and Presidential Elections Act.
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28 March 2014 |
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Board membership of a statutory corporation is not necessarily a "public office" under section 51(2)(e); resignation before nomination cures disqualification.
Constitutional interpretation — "public office" in section 51(2)(e) limited to civil service; statutory corporation board membership not per se a public office; resignation prior to nomination cures disqualification; election procedure — section 40 PPE Act referral and duty to afford procedural fairness; binding precedent and duty to follow Supreme Court of Appeal.
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28 March 2014 |
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Plaintiff injured by a bus; driver found negligent and insurer held liable under s.65A; damages and costs awarded.
Negligence — Road traffic accident — Driver liable for negligent driving (over‑speeding) — Insurer liability under s.65A Road Traffic Act — Evidence: police abstract and medical report — No rebuttal by defendants — Assessment of damages (pain and suffering, loss of amenities, special and medical expenses).
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24 March 2014 |
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The affected parties were granted leave to appeal; counsel reprimanded for including a misleading postscript and unprofessional conduct.
Electoral law — fresh elections — voters' roll to be used — candidate eligibility — procedural conduct of counsel — improper inclusion of 'postscript' in formal order — respect for court orders — leave to appeal granted.
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24 March 2014 |
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Leave to appeal granted; court reprimanded counsel for improper postscript and unprofessional attempts to revisit its order.
Electoral law – fresh elections – use of voters' roll; leave to appeal; joinder of affected parties; professional conduct of counsel; propriety of postscripts in formal court orders.
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24 March 2014 |
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Divorce granted: cruelty, constructive desertion and adultery established; decree nisi issued, custody and maintenance to be determined.
Family law — Divorce — Cruelty (physical violence) — Constructive desertion — Adultery proved by inference — Decree nisi granted
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23 March 2014 |
| February 2014 |
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Applicants granted bail due to prolonged pre-trial detention after the State failed to try them within the ordered timeframe.
Constitutional right to bail (s42(2)(e)) — limited by interests of justice; prolonged pre-trial detention; State’s failure to try within 60 days; bail conditions in serious offences.
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4 February 2014 |
| January 2014 |
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Appeal dismissed: section 63 awards compensate pecuniary loss (monetary quantification), minima are floors, employer must prove non-mitigation.
Employment law — Unfair dismissal — Section 63 Employment Act: compensation for 'loss' (pecuniary), heads of loss not closed, awards must be quantified monetarily; s63(5) prescribes minima not mandatory month-per-year multipliers; burden of proof on employee for loss and on employer for failure to mitigate; appeal competent on question of law.
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20 January 2014 |
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The court dismissed the plaintiff’s claim for want of prosecution due to prolonged inactivity and awarded costs to the defendant.
Civil procedure – want of prosecution – striking out/dismissal for inordinate and inexcusable delay – dismissal on first application permissible in appropriate cases – failure to attend hearing as evidence of abandonment – costs to defendant.
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6 January 2014 |