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Citation
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Judgment date
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| May 2017 |
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Applicant failed to prove adultery but proved cruelty; decree nisi of divorce granted on cruelty.
Family law – applicable statute – pre-2015 marriage governed by Divorce Act; Divorce – grounds – adultery (burden and proof; circumstantial inference; condonation); Cruelty – definition, evidence and standard; Decree nisi granted for cruelty; Jurisdiction – domicile and non-collusion.
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31 May 2017 |
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Driver’s excessive speed at a zebra crossing caused the plaintiff’s injuries; insurer liable subject to statutory limit; special damages unproven.
Motor vehicle negligence — duty of care to pedestrians — excessive speed at zebra crossing — eyewitness evidence accepted — causation of fractures — special damages require strict proof — insurer liability limited by Section 148 Road Traffic Act — costs to successful party.
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30 May 2017 |
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Court struck out defendant's general-denial defence as an abuse of process for lacking a bona fide triable issue.
Civil procedure – Striking out defence – General denial – Abuse of process – Triable issue – Affidavit evidence to contradict documents – Assessment of damages versus substantive triable issue.
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30 May 2017 |
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Employer liable for false imprisonment and malicious prosecution where it procured police action; defamation claim not proved.
Tort — False imprisonment — Employer’s instigation of police action; Malicious prosecution — elements: prosecution by defendant, favorable termination, lack of reasonable/probable cause, malice; Defamation — requirement to plead and prove specific defamatory words or conduct; Failure to call key witnesses and produce documents adverse inference.
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29 May 2017 |
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Originating summons and declaratory relief cannot be used to pursue contested factual claims for damages and conversion.
Civil procedure – Originating summons – Inappropriate where substantial disputes of fact exist; Declaratory judgment – limited, discretionary remedy; cannot be used to obtain executory consequential relief (damages) in contested factual matters; Consequential relief must correspond to action capable of executory relief.
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26 May 2017 |
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Section 148 CP&EC provides only for summary restitution of property in an offender’s possession; money‑laundering recoveries require timely statutory proceedings.
Criminal procedure – Restitution under section 148 CP&EC – applies to theft (Penal Code chapters XXVI–XXXII) and summary return of property in offender’s possession; Money Laundering Act – confiscation/pecuniary orders subject to one‑year post‑conviction limitation; tracing laundered proceeds not suitable for section 148; section 29 Penal Code (commutation) irrelevant if no restitution order
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25 May 2017 |
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Whether section 148 CP&EC permits summary restitution of laundered proceeds when no stolen property was in possession at arrest.
Criminal procedure – Section 148 CP&EC – restitution by writs of restitution – applies to Penal Code theft offences only – summary restoration of property in accused’s possession at apprehension – Money Laundering Act remedies require timely confiscation/pecuniary applications – delay bars ML Act relief – section 29 Penal Code (commutation) irrelevant where no restitution order
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25 May 2017 |
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A stay pending appeal requires proof of a valid, served notice of appeal; absence of such proof defeats the stay.
Civil procedure – Stay of execution pending appeal – requirement to file and serve notice of appeal under Order XXXIII r.1(3)(4) – failure to exhibit notice defeats stay; Subordinate courts – jurisdictional monetary limit under s.39 Courts Act; Procedural form – interplay between ex parte and inter partes summons; Service and affidavit proof.
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24 May 2017 |
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Stay of execution pending appeal refused for lack of special circumstances and failure to prove respondents’ inability to repay.
Stay of execution pending appeal — applicant must show special circumstances; burden on applicant to prove respondents’ inability to repay; prospects of success on appeal not determinative; appeal does not automatically operate as a stay; protection of successful litigant’s fruits of litigation.
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23 May 2017 |
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Court clarified that a retrial ordered "within three months" requires commencement, not completion, within that period.
Criminal procedure – retrial ordered "within three months" – interpretation of temporal orders – requirement to commence retrial versus to conclude retrial – custody and release implications.
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23 May 2017 |
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Court stayed an IRC costs order pending appeal because applicant showed prospects of success and risk of a nugatory appeal.
Stay of execution pending appeal; costs orders by Industrial Relations Court; Labour Relations Act s.72(1)&(2); prospects of success; risk of rendering appeal nugatory; impecuniosity of successful litigant.
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22 May 2017 |
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Mixed labour and defamation claims must be split: unfair-termination matters to the Industrial Relations Court, defamation retained in the High Court.
Labour law – jurisdiction – Industrial Relations Court original jurisdiction – mixed claims – defamation for High Court – transfer of unfair dismissal claim.
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22 May 2017 |
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Court vacated an interim injunction over land, finding a triable issue but favouring defendant’s possession and ordering no disposal pending trial.
Land law – interim injunctions – triable issue requirement – adequacy of damages (land unique) – balance of convenience – possession and evidence of sale – injunction vacated pending trial.
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22 May 2017 |
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Court assessed and awarded MK2,900,000 for general damages; refused unproved special damages.
Personal injury — assessment of damages; general damages (pain and suffering, loss of amenities, disfigurement); special damages require strict proof; use of comparative awards and adjustment for currency devaluation; court inspection of injuries.
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22 May 2017 |
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Interim injunction discharged for non‑disclosure of DSSA expiry; dispute is commercial and must be transferred to the Commercial Division.
Commercial law – Dealer Sales and Service Agreement – Ex parte interlocutory injunction – Suppression of material facts – R. v. Kensington Income Tax Commissioners principle – Discharge of injunction – Courts Act: definition of "commercial matter" – Transfer to Commercial Division under s.6A
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22 May 2017 |
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22 May 2017 |
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Interlocutory injunction continued to protect asserted use-and-occupation rights in customary land pending resolution of disputed authority and jurisdiction.
Customary land — rights to use and occupy (distinct from registered title) — interlocutory injunction — adequacy of damages — balance of convenience — authority of seller and jurisdiction of chief to witness customary land transaction.
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22 May 2017 |
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Insurer liable under s.148 for death caused by negligent driving; solicitor removal requires compliance with Order 67 RSC.
Motor vehicle accidents – Driver's duty of care and excessive speed – Negligence causing death – Insurer's statutory liability under section 148 Road Traffic Act – Assessment of damages for loss of dependency and expectation of life – Change/removal of solicitor on record; Order 67 RSC compliance.
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22 May 2017 |
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Applicant detained since 2015 for homicide granted bail pending trial subject to strict surety, reporting, and travel conditions.
Criminal procedure – Bail pending trial – Long remand without trial – State not opposing bail – Imposition of strict conditions including cash deposit, bonded sureties, periodic police reporting, travel restrictions and surrender of travel documents.
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19 May 2017 |
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Assessment awarded MK1,271,120 for loss of expectation of life and dependency; special damages denied for lack of proof.
Damages assessment – loss of expectation of life and loss of dependency; multiplicand-and-multiplier method; effect of currency devaluation on conventional awards; strict proof required for special damages; apportionment among dependants.
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19 May 2017 |
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Default judgment set aside for lack of service; interested party joined and defendant’s name corrected; merits to be heard urgently.
Land dispute — Default judgment — Relief from default (O19 r9; O13 r9) — Service of process — Joinder of interested third party — Correction of party name — Merits hearing urgent.
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18 May 2017 |
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Whether pre‑MRA civil service tenure transfers to MRA and correct calculation of severance, notice and redundancy entitlements.
Employment law – transfer vs secondment under statutory authority (s.27 MRA Act) – severance allowance vs contractual redundancy benefits – characterization of "ex gratia" payments – mitigation of loss – just and equitable compensation under s.63 Employment Act – adjustment for inflation/devaluation – exemplary damages and interest.
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18 May 2017 |
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Court granted interlocutory injunction preserving students' access to school pending determination of dispute over suspension/expulsion and exams.
Interlocutory injunction — American Cyanamid test — serious issue to be tried; adequacy of damages — protection of students' right to education; balance of convenience; preservation of status quo; school disciplinary process and natural justice
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16 May 2017 |
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Applicant failed to show a triable issue and used improper originating summons procedure; judicial review required and injunction vacated.
Administrative law – accreditation decisions – minimum standards versus scoring; confidentiality of evaluation criteria; interim injunction test – no triable issue where improvement plan unimplemented; procedural law – judicial review required for public law challenges (O'Reilly v Mackman exception inapplicable).
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16 May 2017 |
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Pictorial caption implying corruption held defamatory; applicants awarded damages and costs.
Defamation – publication and reference – pictorial juxtaposition with caption – imputation of dishonesty/corruption – sting v. antidote – damages and costs.
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16 May 2017 |
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Whether adverse possession under the Limitation Act can extinguish customary land rights; court affirms need to prove customary-law doctrine and upholds factual findings.
Property law – Customary land – Adverse possession – Limitation Act s6 not applicable to customary land which vests in the President (Land Act s25); proof required of any equivalent customary-law doctrine (Courts Act s64) – Appellate review of factual credibility and site visit.
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16 May 2017 |
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Assessment of fatal-accident damages: loss of expectation of life and pecuniary dependency using statutory minimum wage proxy.
Damages assessment – fatal road accident – loss of expectation of life – loss of dependency – use of statutory minimum wage as proxy for earnings – multiplier of four – dependants’ share approximately two-thirds.
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12 May 2017 |
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Court refused immediate strike-out for non-compliance, ordering filing of witness statements by deadline or else defence struck out.
Civil procedure — Failure to comply with order for directions — Order 2 RSC (cure of irregularities) — Inherent jurisdiction — Strike-out of defence — Final opportunity to comply with procedural orders.
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12 May 2017 |
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Failure of counsel to diarise a hearing does not excuse non-attendance; clients are bound by their lawyer's omissions.
Civil procedure — Restoration of struck-out actions — Non-attendance on set hearing date — Failure to diarise not a sufficient reason for restoration — Client bound by acts/omissions of counsel — Order 35 r.1 RSC; Practice Note 35/3/1.
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12 May 2017 |
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Court refused to convert judicial review to writ proceedings and ordered inter partes leave hearing to proceed.
Judicial review — Conversion to action — Order 53 r9(5) — Appropriate only where relief unsuitable for judicial review — Leave to apply for judicial review — Disputed facts, discovery and cross‑examination considerations — Wednesbury unreasonableness.
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12 May 2017 |
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11 May 2017 |
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Summary judgment refused where plaintiff failed to authenticate documents and dispel bona fide factual disputes.
Civil procedure – Summary judgment – Order 14 – Plaintiff must verify claim and show absence of bona fide defence; authentication of documents, electronic communications and data-logger summaries essential; unresolved evidential inconsistencies preclude summary judgment.
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11 May 2017 |
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Each plaintiff awarded K1,000,000 for five days' false imprisonment for loss of liberty and humiliation.
False imprisonment — quantum of damages; compensation for loss of liberty, humiliation and mental suffering; evidentiary weight of alleged cell conditions; comparative awards and judicial discretion in assessing non-pecuniary damages.
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11 May 2017 |
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A magistrate court cannot transfer proceedings to the High Court; the purported transfer of assessment was invalid and dismissed.
Civil procedure — jurisdiction and transfer of proceedings — Courts Act ss.26, 40, 46 — subordinate courts may transfer only to other subordinate courts — High Court empowered to transfer proceedings to itself — purported transfer of assessment of damages invalid.
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11 May 2017 |
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Driver’s excessive speed and failure to keep lookout caused pedestrian's death; plaintiff awarded damages; quantum to be assessed.
Road traffic accident — negligence — driver’s duty to avoid excessive speed and keep proper lookout — causation and burden on balance of probabilities — insurer sued under s.148(1) RTA — assessment of damages by Registrar.
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11 May 2017 |
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Court ordered first defendant to file handwriting expert report by deadline or have its case deemed closed; final submissions due 30 days.
Civil procedure - expert evidence - handwriting expert - failure to produce expert report - deeming party's case closed - timetable for final submissions
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10 May 2017 |
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Registrar acted without jurisdiction; garnishee execution set aside and award funds retained by the court pending appeal.
Civil procedure – Jurisdiction – Proceedings and execution by a court officer without jurisdiction are null and void ab initio – Registrar’s ultra vires conduct – Garnishee order and payment – Funds to remain in custody pending appeal.
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9 May 2017 |
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4 May 2017 |
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Claim to restrain bank sale failed where written loan agreement barred verbal amendment and claim disclosed no cause of action.
Contract law — Entire agreement clause and requirement for written, signed amendments; Pleadings — failure to plead key allegations; Civil procedure — strike out for disclosing no cause of action; Injunctive relief — cannot be based on unpleaded or verbal variations to a written loan agreement.
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1 May 2017 |
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Uncontested petition: respondent's deceit, arson and fraud found to constitute cruelty, justifying divorce and costs.
Matrimonial law – Divorce – Cruelty as ground for dissolution – Uncontested petition and unchallenged evidence – Conduct including deceit, insurance fraud and arson constituting cruelty – Domicile and absence of collusion.
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1 May 2017 |
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Uncontroverted passenger evidence established driver negligence and insurer vicarious liability; damages to be assessed by the Registrar.
Motor vehicle accident – driver negligence – passenger's uncontroverted evidence – vicarious liability of insurer – assessment of damages by Registrar.
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1 May 2017 |