|
Citation
|
Judgment date
|
| December 2017 |
|
|
Plaintiff awarded MK3,000,000 for loss of use of title deed; special damages not proven.
Assessment of damages – wrongful retention of title deed – loss of use as general damages – distinction between general and special damages – requirement of strict proof for special damages – restitution in integrum – nominal damages where amount not proved.
|
22 December 2017 |
|
Stay of damages assessment pending appeal denied where appellant failed to show risk of injustice or inability to repay.
Civil procedure — Stay of proceedings pending appeal — Interlocutory judgment and assessment of damages — Discretion to grant stay guided by risk of injustice — Stay of execution vs stay of proceedings — Prematurity of application.
|
20 December 2017 |
|
Court refused the applicant’s stay pending appeal as premature and unjustly prejudicial to the respondent.
Stay pending appeal – discretionary exercise – consider risk of injustice and prejudice; Interlocutory judgment – liability final but damages to be assessed; Applicant’s burden to show special circumstances and inability of respondent to repay; Prematurity of application to stay assessment of damages; Appropriate remedy may be stay of execution after Registrar’s assessment.
|
20 December 2017 |
|
|
18 December 2017 |
|
|
18 December 2017 |
|
|
18 December 2017 |
|
Arson conviction confirmed; 84‑month sentence set aside as manifestly excessive and reduced to effect immediate release.
Criminal law — Arson — Sentence on review — Manifestly excessive sentence reduced on account of guilty plea and first offender status — Magistrates’ Court Sentencing Guidelines and section 337(A) considered — Court may vary sentence on review even when parties absent.
|
18 December 2017 |
|
Leave to seek judicial review refused where impugned acts were recommendations and the wrong public officer was sued.
Administrative law – Judicial review – Leave to apply requires an arguable case – Ripeness: recommendations by inspectors v. final decisions – Proper party: only the public office/officer who made the impugned decision is liable – TEVETA Board decisions.
|
13 December 2017 |
|
Excessive 17-year pre-trial detention constituted gross injustice justifying immediate release despite a 12-year manslaughter sentence prospect.
Criminal law – Manslaughter – Conviction on plea of guilty – Sentence – Mitigating factors: guilty plea, youth, first offender, intoxication, remorse – Aggravating factors: use of knife, multiple fatal wounds – Inordinate pre-trial detention (17 years) as ground for release.
|
12 December 2017 |
|
Summary judgment granted where defendant’s general denial lacked particulars; estate/dependants claims refused for lack of letters of administration.
Civil procedure — Summary judgment (Order 14 RSC) — General denial without particulars is not a bona fide defence — Legal capacity to sue for estate and dependants — Letters of administration required.
|
11 December 2017 |
|
Court exercised discretion to fix taxation rate (K10,000/hr), excluded prior appellate/Registrar-awarded costs, and allowed defendant set-off at K5,000/hr.
Civil procedure — Taxation of party-and-party costs — Court’s discretion to fix hourly rates — Prior Registrar’s rate revision held invalid — Expense rate fixed at K10,000/hour — Prior appellate and Registrar cost orders given effect — Leave to tax out of time and set-off at K5,000/hour.
|
11 December 2017 |
|
Bank negligent in delayed action and CCTV management; customer also contributorily negligent; second appellant’s claims dismissed.
Bank negligence – failure to block account and preserve CCTV evidence – contributory negligence apportionment between bank and customer; civil claims of false imprisonment, malicious prosecution and defamation require proof of improper conduct or malice by the claimant.
|
11 December 2017 |
|
Summary judgment granted where defendants offered only general denials and insurer’s payments supported liability.
Civil procedure – Summary judgment (Order 14 RSC) – Plaintiff’s burden to establish claim – Defendant’s duty to plead particularized bona fide defence – General denials insufficient – Insurer’s payments to third-party claimants as evidence of indemnity/liability.
|
8 December 2017 |
|
Judicial review inappropriate to challenge adequacy of compensation; administrative process was fair and eviction upheld.
Administrative law — judicial review limited to decision-making process; adequacy of compensation is a merits issue for ordinary suit; procedural fairness and Wednesbury unreasonableness not established; entitlement to adequate notice and compensation satisfied.
|
6 December 2017 |
|
Court upheld convictions for malicious damage and theft based on circumstantial evidence, partially reducing the sentence.
Criminal law – Malicious damage and theft – Circumstantial evidence and direct identification – Malice includes intention and recklessness – Defective charge requires prejudice to set aside conviction – Sentencing: role of offender, aggravating factors, and concurrent sentences; reduction where excessive.
|
6 December 2017 |
|
Application for stay of execution dismissed where defendant negotiated directly with a represented plaintiff despite a valid default judgment.
Civil procedure – stay of execution (Order 10 Rule 5) – effect of out-of-court settlement/payment made directly to a represented party – default judgment regularly obtained – abuse of process where defendant negotiates behind plaintiff's counsel.
|
1 December 2017 |
|
The 2nd applicant, an innocent purchaser for value without notice, obtains ownership; respondent entitled only to judgment balance.
Registered Land Act; Statute of Frauds; sale of land; bona fide purchaser for value without notice; effect of prior default judgment on subsequent sale; estate agent involvement in land sale.
|
1 December 2017 |
|
|
1 December 2017 |
| November 2017 |
|
|
Employer may deduct from wages for restitution but cannot withhold employees' pension to recover debts.
Employment law – recovery of employer losses – s56(4) Employment Act: deductions from wages permissible; Pension law – pension benefits not attachable to settle employee debts; remedies for seized property.
|
30 November 2017 |
|
Applicant on prolonged remand granted bail with strict conditions including cash bond, sureties, reporting, and surrender of travel documents.
Criminal procedure – Bail – Applicant on prolonged remand granted bail – State non-objection but requests strict conditions – Conditions imposed: cash deposit, two bonded sureties, periodic police reporting, travel restrictions, surrender of travel documents, examination of sureties before Registrar.
|
30 November 2017 |
|
Bail granted despite overstay on remand, subject to strict conditions to ensure attendance and protect the administration of justice.
Bail — Grant of bail where accused has overstayed on remand — Interest of justice — Imposition of conditions: cash deposit, sureties, periodic police reporting, surrender of travel documents — Examination of sureties before Registrar.
|
30 November 2017 |
|
Applicant granted bail pending trial with strict cash, surety, reporting and travel-document surrender conditions.
Criminal procedure – Bail application – Overstay on remand – Bail Guidelines Act s12; Criminal Procedure and Evidence Code s118; Constitution s42(2)(e) – Conditions of bail: cash deposit, bonded sureties, reporting requirements, travel-document surrender, examination of sureties.
|
30 November 2017 |
|
Summary judgment granted where insurer's general denial and unsupported contributory-neglect plea failed to constitute a bona fide defence.
Civil procedure – Summary judgment (Order 14 RSC) – Defendant must file an affidavit with particulars – Bare denials and unsupported contributory negligence plea are not bona fide defences – Insurer’s vicarious liability where insurer not disputed – Sham defence doctrine.
|
29 November 2017 |
|
Summary judgment granted where defendant's general denial lacked particularized facts to raise a bona fide defence in a negligence claim.
Civil procedure – summary judgment (Order 14 RSC) – requirement for a defendant to raise a bona fide defence with particularized facts – negligence/personal injury – general denials insufficient to defeat summary judgment.
|
28 November 2017 |
|
Summary judgment refused where defendant’s denial of insurer status and plea of contributory negligence raised bona fide triable issues.
Civil procedure — Summary judgment (Order 14 RSC) — Exceptional remedy — Bona fide defence and triable issues — Contributory negligence — Denial of insurer status — Admissibility/weight of affidavit sworn by counsel — Liability to be determined at trial.
|
21 November 2017 |
|
Court dismissed the action for want of prosecution due to inordinate delay, granting liberty to restore within 30 days.
Civil procedure — dismissal for want of prosecution — High Court Civil Procedure Rules 2017 — active case management (Order 1 r.5) — inordinate and inexcusable delay — liberty to restore — costs awarded.
|
20 November 2017 |
|
An Order 14A application was dismissed because disputed adverse possession and notice issues require a full trial.
Civil procedure — Order 14A RSC — Summary determination inappropriate where issues of adverse possession, bona fide purchaser status and limitation raise factual disputes requiring full trial and cross‑examination; prior judicial directions to proceed to trial preclude pre‑emptive interlocutory determination.
|
17 November 2017 |
|
Insurer struck out because the policy excluded passenger cover and the plaintiff had no cause of action against it.
Insurance law – insurer struck out where policy expressly excluded passenger cover; Road Traffic Act s.144 does not universally mandate passenger insurance; sanctity of contract; Order 15 r.6(2) RSC – striking out improperly joined parties.
|
16 November 2017 |
|
Trial held in chambers without sufficient reasons breaches right to public trial; proceedings declared nullity and retrial ordered.
Constitutional right to public trial — s42(2)(i); Criminal Procedure & Evidence Code s71; Courts Act s60 — in camera exceptions require sufficient reasons; trials in chambers/prisons without Chief Justice designation invalid; remedy: proceedings declared nullity and retrial ordered.
|
14 November 2017 |
|
Court awarded the plaintiff K3,806,000 for pain, loss of amenities, disfigurement and report costs after a vehicle collision.
Tort – assessment of non-pecuniary damages – pain and suffering; loss of amenities of life; disfigurement – reliance on comparable cases and adjustment for currency devaluation – award of documentary costs.
|
9 November 2017 |
|
Prosecution discontinuance resulted in the accused’s discharge under s77 and discharge of bail and recognizances.
Criminal procedure – Discontinuance by prosecution – Discharge under s 77 Criminal Procedure and Evidence Code – Effect on bail and recognizances.
|
8 November 2017 |
|
Summary disposal inappropriate where consultations in redundancy dispute raise contested factual issues; matter remitted for trial.
Industrial relations — unfair dismissal — termination for operational requirements — requirement to consult — appropriateness of summary disposal where factual disputes exist — IRC procedure and pleadings — remit for trial — no order as to costs (s72 LRA).
|
3 November 2017 |
|
|
2 November 2017 |
|
Leave to issue third‑party notice dismissed; dispute is commercial and belongs in the Commercial Court; costs awarded.
Procedure — Third‑party notice (Order 19 Rule 1) — Jurisdiction — Commercial dispute falling within Commercial Court under section 6(A)(1) Courts Act — Commissioner for Lands v Deeds Registrar — land law; Deeds Registration Act; Land Act.
|
1 November 2017 |
|
Constructive desertion upheld where spouse unjustifiably denied conjugal rights and accusations of adultery were unproven.
Family law – Constructive desertion – Denial of conjugal rights – Sufficiency of evidence of adultery – Marriage, Divorce and Family Relations Act s48(1) – Appeal by rehearing – No basis for retrial.
|
1 November 2017 |
|
Court upheld dismissal for collusion and dishonesty, finding substantive and procedural fairness despite telephonic summons.
Employment law – unfair dismissal – disciplinary procedure – dishonesty/collusion in sales transactions – s.27 Employment Act (particulars of employment) not determinative – s.57 fairness of reasons and procedure – telephonic disciplinary summons.
|
1 November 2017 |
|
Conflicting subordinate court distributions of matrimonial property were set aside; a senior magistrate ordered to re-distribute within 30 days.
Matrimonial property distribution – Conflicting subordinate court orders – Procedural irregularities in distribution records – Setting aside defective orders – Re-assignment to Chief Resident Magistrate or senior delegate – Supervisory accountability.
|
1 November 2017 |
| October 2017 |
|
|
A stay pending appeal was granted because enforcement would likely render the appeal nugatory and harm the respondent.
Civil procedure – stay of execution pending appeal – discretion to grant stay where appeal would be rendered nugatory – applicant bears burden to show special circumstances, inability to repay, and balancing of equities.
|
31 October 2017 |
|
|
31 October 2017 |
|
Division of matrimonial property: assets acquired during marriage are joint; sales and proceeds divided considering contributions and child custody.
Family law – Distribution of matrimonial property – Assets acquired or improved during marriage form joint/matrimonial property; considerations: contribution, custody, income; sale and division of proceeds; allocation of movables; sale via Registrar due to animosity.
|
30 October 2017 |
|
On intestacy, estate property must be fairly distributed between widow and children; court ordered sale and equal division of proceeds.
Intestacy — application of Sections 16 and 17 Wills and Inheritance Act — fair distribution among widow and children — sale of estate property and equal division of proceeds — protection against hardship to dependants
|
30 October 2017 |
|
Appellant established customary ownership; trial court misdirected itself; appeal allowed and permanent injunction granted to the appellant.
Customary land – ownership and occupation – role and weight of village chiefs’ testimony – civil standard of proof (balance of probabilities) – appellate rehearing and misdirection by trial court
|
25 October 2017 |
|
Accused acquitted where evidence failed to connect him to a mob homicide; court criticised substandard police investigation.
Criminal law – Homicide – Mob justice – Adequacy of police investigation – Evidence linking accused – Acquittal for lack of connection.
|
25 October 2017 |
|
A GVH allocation and open development confer permanent usage rights where the owner delays asserting rights.
Customary land – communal ownership – chiefs’ authority to authorize use and occupation – allocation by Group Village Headman – laches/sitting on rights – permanent rights of usage and occupation
|
24 October 2017 |
|
Summary judgment granted where defendant failed to file opposing affidavit and alleged, unparticularised defence was a sham.
Civil procedure — Summary judgment (Order 14 RSC) — Defendant must file affidavit with particulars of bona fide defence — General denial/sham defence insufficient — Unsubstantiated allegations do not defeat summary judgment.
|
19 October 2017 |
|
Court refused dismissal for want of prosecution despite inordinate delay, ordering strict timelines to settle the record or face sanctions.
Civil procedure – dismissal for want of prosecution – inordinate and inexcusable delay – case management – directions to settle record – stay of execution – sanction of vacatur and execution.
|
18 October 2017 |
|
Court finds ACB had reasonable and probable cause to arrest and prosecute; all claims dismissed with costs.
False imprisonment; malicious prosecution; reasonable and probable cause; evidence of funds transfer and vehicle registration; plea bargaining and state witness arrangement; damages for reputation and loss of income.
|
13 October 2017 |
|
Applicant's bail refused; court stressed 90-day pre-trial limit, burden of exceptional circumstances, and ordered committal and disclosure timeline.
Criminal procedure — Bail applications — Pre-trial detention limit (section 161G, 90 days) — Burden on accused to show exceptional circumstances to depart from limit — State obligation to bring accused to trial and disclose witnesses — Legal aid funding and donor influence on interests of justice.
|
5 October 2017 |
|
Timesheets are not mandatory for taxation of costs; their absence does not bar taxation proceedings.
Civil procedure — Taxation of costs — Order 62 r.29 — Supporting documents — Whether timesheets are mandatory — Absence does not invalidate taxation.
|
2 October 2017 |
|
|
1 October 2017 |