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Citation
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Judgment date
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| June 2017 |
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30 June 2017 |
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Whether the Rules of the Supreme Court remain applicable in the High Court after repeal of section 29 of the Courts Act.
Civil procedure – summary judgment – applicability of Rules of the Supreme Court after repeal of section 29 of the Courts Act – General Interpretation Act ss 13 and 14(1)(e) preserving subsidiary legislation – procedural lacunae remedied by interpretation provisions.
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27 June 2017 |
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26 June 2017 |
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26 June 2017 |
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Assessment of personal injury damages: plaintiff awarded K1,505,000 for wrist fracture-related losses and incurred report costs.
Personal injury – assessment of damages – non-pecuniary damages for fracture, pain and suffering, loss of amenities and disfigurement – special damages must be pleaded and proved; reasonable compensation may be awarded where proof lacking – reliance on prior awards for quantum adjustment.
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26 June 2017 |
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26 June 2017 |
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Petition improperly filed under subordinate rules, guardian ad litem report misused, and duplicate filing amounted to abuse of process; petition struck out.
Adoption — procedural compliance with Adoption of Children (High Court) Rules; guardian ad litem appointment and confidentiality; duplicate petitions and judge shopping as abuse of process; ethical obligations of counsel in adoption proceedings.
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23 June 2017 |
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Whether an insurer’s passenger-exclusion is void when Section 144(b) mandates cover for passengers for hire or reward.
Road Traffic Act ss 144(b) and 148 – Motor vehicle insurance – Passenger exclusion in policy – Validity where passengers are carried for hire or reward – Third-party right to sue insurer.
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23 June 2017 |
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Defamatory newspaper photo-caption of plaintiffs as corrupt; court awards MK3,000,000 each.
Defamation — Assessment of damages — Newspaper publication juxtaposing officers' faces with criminal imputation — Wide circulation and use of photographs — Absence of apology aggravating injury — General damages awarded.
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23 June 2017 |
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23 June 2017 |
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20 June 2017 |
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Registrar assessed personal injury damages, awarding K1,413,500 for pain, loss of amenities and special damages; costs to plaintiff.
Personal injury — Assessment of damages — Pain and suffering and loss of amenities — Special damages for medical and police reports — Burden of proof in civil negligence — Balance of probabilities — Reliance on medical report and comparative awards — Costs follow the event — Right to appeal to Judge in Chambers.
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20 June 2017 |
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Assessment of damages for pain, disfigurement and special expenses after default judgment in a road accident.
Personal injury — Assessment of damages following default judgment — Pain and suffering; loss of amenities; permanent disfigurement; special damages; 6% incapacity; costs follow the event.
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20 June 2017 |
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Ex parte injunction discharged because the applicant suppressed a material email, breaching the duty of full disclosure.
Civil procedure – ex parte interlocutory injunction – duty of full and frank disclosure – suppression of material facts (email DM2) – materiality and discharge of injunction; disciplinary/complaints procedure and natural justice (not determined).
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19 June 2017 |
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19 June 2017 |
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Commercial disputes must be heard in the Commercial Division; failure to transfer risks dismissal and costs.
Courts Act (Amendment) 2016 — definition of 'commercial matter' — section 6A transfer to Commercial Division — Registrar's duty to transfer — commencement in wrong division — costs under s.6A(3) — urgency insufficient to avoid statutory transfer — interlocutory injunction conditional on transfer.
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19 June 2017 |
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Plaintiff's claim dismissed for want of prosecution; defendant's counterclaim granted and damages to be assessed.
Contract law – breach and specific performance – dismissal for want of prosecution – counterclaim granted in plaintiff’s absence – damages to be assessed by Assistant Registrar – costs awarded.
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19 June 2017 |
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Assessment of personal injury damages: MK2,000,000 general damages; special damages only if pleaded and proved.
Assessment of damages – personal injury – general damages for pain and suffering and loss of amenities – reliance on comparable awards; special damages must be specifically pleaded and strictly proved; unpleaded heads of damages (loss of expectation of life, loss of dependency) not recoverable.
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19 June 2017 |
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16 June 2017 |
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Assessment of damages for a child’s road accident injuries: quantum for pain, loss of amenities, disfigurement, and modest special expenses.
Personal injury – assessment of damages – road traffic accident involving child – permanent deformity and persistent pain – awards for pain and suffering, loss of amenities, disfigurement – proof of special damages and reasonable compensation for incidental expenses.
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16 June 2017 |
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Revocation of fraudulently obtained limited letters of administration and cancellation of unlawful land registration due to existing caution.
Succession and probate – letters of administration – fraudulent/non‑disclosure in obtaining limited grant – revocation of grant; Land registration – effect of caution – unlawful registration and rectification of register; Will construction – clause prohibiting transfer of charged property.
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16 June 2017 |
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Driver negligence caused the accident; insurer's exclusion for "hire or reward" passengers did not apply to plaintiffs.
:[
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15 June 2017 |
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13 June 2017 |
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Bail pending appeal denied for convicted foreign nationals due to flight risk and lack of exceptional circumstances; forfeiture stayed.
Criminal law – bail pending appeal – convicted offenders – discretionary and requires exceptional/unusual circumstances; risk of flight of foreign nationals; stay of forfeiture on appeal under s.149(3) CP&E Code; appellate prospects assessed but not determinative at bail stage.
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12 June 2017 |
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Plaintiff's claims for false imprisonment, defamation, and malicious prosecution dismissed; defendant reported to police and awarded costs.
Tort — False imprisonment — Liability where a private party 'directs' police arrest; Defamation — arrest and court attendance alone not necessarily defamatory; Malicious prosecution — requirement to prove initiation, lack of reasonable and probable cause, and malice.
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12 June 2017 |
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Interlocutory injunction granted to preserve clergy membership pending trial on validity of church conference and excommunication.
Interlocutory injunctions — American Cyanamid principles — preservation of status quo; Church governance — authority to convene Annual Conference; Power to excommunicate clergy; Natural justice — right to be heard; Adequacy of damages.
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12 June 2017 |
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Appeal against sentence in trafficking convictions; court corrected misrecorded charges and adjusted concurrent custodial terms.
Criminal law – Trafficking in persons – Proper statutory charge (sections 14, 15, 16(1)(c)) – Sentencing discretion – manifestly excessive test – substitution/correction of charges where victim’s age or mental capacity misrecorded.
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12 June 2017 |
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Applicant's challenge to a chief's appointment dismissed because only the President may appoint chiefs; respondents were wrong parties.
Administrative law – judicial review – proper parties; Attorney General not a proper respondent in judicial review unless office privy to challenged decision; Chiefs Act s.4 – appointment/recognition of chiefs vested in the President; action dismissed for being directed at wrong parties; interim stay discharged.
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9 June 2017 |
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Customary land sales are unenforceable; respondent’s inheritance upheld and the appellant’s appeal dismissed with costs.
Customary land — communal ownership and administration by chiefs — alleged sale of customary land unenforceable; burden and credibility of evidence in land disputes; limitation defence misconceived.
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8 June 2017 |
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Application for judicial recusal dismissed: alleged bias grounded in procedural disputes and improper attempts to add parties was unreasonable.
Recusal — apprehension of bias — test of the reasonable and fair‑minded observer; procedural complaints do not alone establish bias; adding parties requires proper application; recourse is by appeal, not judicial disqualification.
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8 June 2017 |
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8 June 2017 |
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7 June 2017 |
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Assessment of dismissal compensation involving factual issues requires a quorate IRC; a Chairperson sitting alone renders the decision a nullity.
Labour law — Industrial Relations Court — quorum requirement (s.67 Labour Relations Act) — assessment of compensation involves questions of fact and law — Chairperson sitting alone incompetent — decision nullity; jurisdiction — acquiescence does not confer jurisdiction.
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7 June 2017 |
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Failure to explain plea consequences and statutory defilement defence to unrepresented accused rendered the trial unfair; accused discharged absolutely.
Criminal procedure – recording of guilty plea – proviso to s.251(2) (ascertainment of understanding and consequences) – failure renders plea defective; Criminal law – defilement – statutory defence of reasonable belief as to age – duty to inform unrepresented accused; Remedy – conviction quashed/sentence set aside and discharge under s.337(1)(b) where mitigating circumstances exist.
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7 June 2017 |
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7 June 2017 |
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Accused convicted of murder for a joint, armed attack; provocation and self-defence not made out.
Criminal law – Murder – Joint enterprise liability – Malice aforethought established by use of dangerous weapons – Provocation and self-defence rejected.
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7 June 2017 |
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Appellate court reduced a deterrent custodial sentence for unlawful possession of prescription medicines but upheld concurrent sentence on related property offence.
Criminal law – sentencing – first offenders – application of ss 339 and 340 Criminal Procedure and Evidence Code; sentencing discretion; deterrent custodial sentence justified where diversion of prescription medicines causes significant public harm; substitution and mitigation of sentence on appeal.
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6 June 2017 |
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5 June 2017 |
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Leave granted for judicial review of vehicle seizure amid disputed vehicle identity and alleged unpaid customs duties; case transferred to Revenue Division.
Judicial review – leave to apply – seizure of vehicle – identity of vehicle – unpaid customs duty – revenue matter – transfer to Revenue Division.
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5 June 2017 |
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Part payment without documentary proof of full settlement constitutes admission; failure to prove settlement warrants judgment on admission.
Civil procedure — Judgment on admission (Order 29) — Part payment as admission of liability — Burden to prove full and final settlement — Evidentiary requirement for settlement documentation.
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1 June 2017 |
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Interim injunction granted to restrain alleged unlawful transfer of village headship pending customary succession dispute.
Injunctions – Interim relief to preserve status quo – Disputes over customary leadership succession – Chewa customary authority and lineage claims – Role of affidavit evidence in interlocutory relief.
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1 June 2017 |
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Registrar erred by deciding disputed factual issues under Order 14; appeal allowed and ruling set aside with costs.
Civil procedure – Appeal from Registrar – Order 14 RSC – Improper summary disposal of disputed factual issues – Rescission of sale – Local authority powers (s.35 Local Government Act) – Contractual privity – Remittal for full hearing.
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1 June 2017 |
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Appellate court upheld lower court's credibility finding in a customary land dispute and dismissed the appeal with costs.
Customary land – communal ownership – chiefs’ power to authorize use under Land Act ss.25–26 – limits of chiefs’ authority – allocation vs individual title; civil proof on balance of probabilities; credibility findings on customary land disputes; relationship between Traditional Authority determinations and court jurisdiction.
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1 June 2017 |
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1 June 2017 |