Results.
9 judgments found.
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| December 2015 |
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Appellate court declines to disturb magistrate’s fair distribution of matrimonial property; appeal dismissed.
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Family law — Matrimonial property — Division of assets — Appeal by rehearing — Appellate interference with magistrate’s factual and discretionary distribution of matrimonial property.
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21 December 2015 |
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Property acquired during a customary marriage is family property; indirect contributions justify equitable distribution.
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Matrimonial property distribution — Customary marriage — Recognition of direct and indirect contributions (domestic labour and assistance in family enterprises) — Family estate not matrimonial property — Application of constitutional protections (s.22, s.24(1)).
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21 December 2015 |
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Distress without a written warrant can be lawful; plaintiff failed to prove illegal eviction, trespass or conversion.
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Property Law
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Distress for Rent — Requirement of Warrant of Distress and Notice — Authority of Sheriff and Legality of Distress
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Eviction — Writ of Possession and Repossession — Ratification by Acceptance of Keys
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Tort — Trespass and Conversion — Seizure of Tools of Trade/Passport/Cash — Burden of Proof and Failure to Call Witnesses
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17 December 2015 |
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Pursuing identical relief in trial and appellate courts is an abuse of process and can bar restoration of bail.
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Criminal Procedure — Bail — Restoration of bail after revocation — Change of circumstances and medical grounds
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Civil Procedure — Abuse of process — Concurrent applications/appeals in trial and appellate courts — Court will defer to appellate determination
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17 December 2015 |
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Unopposed affidavits established defendant's trespass; court granted originating summons and costs.
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Property Law — Trespass to Land — Whether unopposed affidavits in originating summons suffice to establish encroachment — Evidence and costs
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15 December 2015 |
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Assessment of damages for plaintiff bitten by defendant's dogs; court awarded K7,000,000 plus costs.
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Personal injury — assessment of damages — dog-bite injuries — pain and suffering; loss of amenities of life; disfigurement — use of comparative awards to fix quantum.
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14 December 2015 |
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Claimant’s long delay and refusal to pay revaluation barred specific performance; defendant validly rescinded sale and evicted.
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Contract — Sale of Land — Time of the Essence — Waiver, Notice and Laches
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Property Law — Registered Land — Vendor’s Lien and Overriding Interests — Effect of Registration on Seller’s Rights
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14 December 2015 |
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High Court dismissed IRC appeal for failing to raise any question of law or jurisdiction under section 65(2) LRA.
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Labour law — Appeal from Industrial Relations Court — s.65(2) Labour Relations Act — appeal limited to questions of law or jurisdiction — High Court will not re-appraise factual findings or admit new issues on appeal — pension fund transfer dispute.
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7 December 2015 |
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Interlocutory injunction refused where plaintiff failed to establish a good arguable claim of delayed disbursement.
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Civil Procedure — Interlocutory Injunction — American Cynamid / Malawi Mobile test — Requirement of a good arguable claim and balance of convenience
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Contract — Delay in Disbursement — Allegations must be supported by clear contractual evidence
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4 December 2015 |