Results.
283 judgments found.
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| September 2017 |
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Plaintiff proved the defendant’s driver negligently caused the child’s death; damages assessment referred to the Registrar.
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Tort — Road traffic — Driver’s duty of care to pedestrians — Speeding and failure to keep proper lookout as negligence causing death
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Evidence — Burden and standard — Plaintiff must prove negligence and causation on balance of probabilities — Corroboration by eyewitness and official reports
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26 September 2017 |
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Assessment of damages for 40-hour false imprisonment: court awards K800,000 for non-pecuniary harm and costs.
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Tort — False imprisonment — Assessment of damages — Non-pecuniary loss: loss of liberty, indignity, mental suffering and injury to reputation — Factors: duration and conditions of detention — Use of comparable awards and adjustment for currency devaluation — Costs to be taxed if not agreed.
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12 September 2017 |
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Whether a general-denial amended defence discloses a reasonable defence under Order 18 r19(1)(a).
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Civil Procedure — Pleadings — Striking out — Whether an amended defence discloses a reasonable defence under Order 18 r19(1)(a) — Reasonable defence means some chance of success on pleadings alone
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Tort — Negligence — Burden and triable issue — General denials can raise a question fit for trial and are not automatically struck out
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11 September 2017 |
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Mediator found the proposed pump site within road-reserve/buffer-zone intersection; construction confined there not violating plaintiffs' customary rights.
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Land law — customary land v public land — road reserve and river buffer zone intersection — Waterworks Act s.6 — entitlement to injunctive relief where works extend onto customary land.
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11 September 2017 |
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Court converted originating summons to a writ due to disputed facts and ordered each party to bear its own costs.
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Civil Procedure
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Originating Summons v Writ — Appropriateness where substantial factual disputes exist
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Amendment of Parties — Substitution of a company by its proprietors
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Costs — Court discretion to order each party to bear own costs in special circumstances
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8 September 2017 |
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The defendant’s appeal was dismissed for want of prosecution due to inordinate, inexcusable delay causing prejudice.
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Civil Procedure — Appeals — Dismissal for want of prosecution — Inordinate and inexcusable delay — Prejudice to respondent
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7 September 2017 |
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A challenge to a public body's accreditation decision must be brought by judicial review, not by originating summons.
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Judicial review v. ordinary action — mode of commencement — public body exercising statutory functions — Order 53 RSC — wrong mode of commencement — conversion not permitted — striking out proceedings — interlocutory injunction vacated.
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5 September 2017 |
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Application for interim injunction to restrain recognition of acting village headman dismissed for lack of triable issues and urgency.
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Interlocutory injunctions — requirement of triable issues and urgency — administrative suspension and acting appointment — remedy by full hearing.
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1 September 2017 |
| August 2017 |
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Insurer improperly joined and struck out under Order 15 r.6 RSC after plaintiff failed to oppose or attend.
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Civil procedure — Order 15 r.6 RSC — striking out improperly joined defendant; Service and non‑opposition; Promptness of strike‑out applications; Liberty to add parties; Costs in the course.
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29 August 2017 |
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Where an outstanding Judge-granted injunction prejudices a defendant, an application to dismiss for want of prosecution must be brought before a Judge.
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Civil procedure — Dismissal for want of prosecution — Inordinate delay and failure to attend hearing — Prejudice caused by an outstanding injunction — Where injunction was granted by a Judge, application to dismiss should be brought before a Judge.
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29 August 2017 |
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General comments on retrenchment criteria are not actionable defamation by individuals in a large class.
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Defamation — statements about a class — group defamation rule; strike out under Order 18 r.19 — whether pleadings disclose reasonable cause of action; publication and reference to plaintiff; requirements for individual recovery from statements about a large group.
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24 August 2017 |
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General explanations about retrenchment criteria during a merger were not defamatory to individual former employees and the libel claim was struck out.
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Defamation — publication, reference and defamatory meaning; group defamation rule — statements about large classes not actionable by individual members unless small group or circumstances identify individual; Civil procedure — strike out under Order 18 r 19 for frivolous, vexatious or no reasonable cause of action; pleadings — irrelevant averments not fatal where claim itself is hopeless.
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24 August 2017 |
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9 August 2017 |
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Application to discharge injunction dismissed where defendant proceeded without planning permission and came to court with unclean hands.
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Injunctions — discharge — whether subsequent or prior planning permission justifies discharge — municipal planning permission obtained during injunction — equitable doctrine of clean hands — access and claimed prescriptive easement.
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1 August 2017 |
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Summary possession inappropriate where applicant's title and alleged sale are disputed; matter remitted to full trial.
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Civil procedure — Order 113 RSC — summary possession of land — requirements to establish interest, circumstances of occupation and unknown occupants — where title or sale disputed, summary proceedings inappropriate and matter remitted to full trial under Order 28/8 RSC.
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1 August 2017 |
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1 August 2017 |
| July 2017 |
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Mediation disclosures are privileged and Order 14 RSC summary judgment remains available despite repeal of section 29.
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Mediation privilege — inadmissibility of mediation communications and documents; Summary judgment — continued applicability of Rules of the Supreme Court after repeal of section 29; General Interpretation Act — effect of repeal on subsidiary legislation.
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27 July 2017 |
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Whether mediation communications are privileged and whether Order 14 RSC summary judgment remains applicable.
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Mediation privilege — Rule 15 Courts (Mandatory Mediation Rules) 2004 — documents disclosed to or created during mediation inadmissible; Applicability of Rules of the Supreme Court post-repeal of section 29 Courts Act — effect of General Interpretation Act ss.13 and 14(1)(e); Summary judgment — Order 14 RSC.
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27 July 2017 |
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Court awarded damages for wrongful death including loss of expectation of life, dependency, funeral expenses and costs.
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Assessment of damages — wrongful death — loss of expectation of life; loss of dependency — multiplicand and multiplier where earnings unproven; special damages require proof but reasonable compensation may be awarded; funeral expenses and costs.
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26 July 2017 |
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Leave to review Anti-Corruption Bureau investigations denied; investigations lawfully justified, no bad faith or prosecutorial decision.
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Judicial review — Leave to apply — Prosecutorial and investigative discretion of Anti-Corruption Bureau — Reasonableness and bad faith — Delay and three-month rule — Prematurity of challenge to non-existent prosecutorial decision — Right to economic activity and investigative delay.
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19 July 2017 |
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Assessment of damages after a pedestrian road accident: quantum for pain, amenities, earning capacity, disfigurement, and special damages.
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Assessment of damages — personal injury — quantum for pain and suffering, loss of amenities, loss of earning capacity and disfigurement; necessity of medical evidence and proof of pre-accident earnings; admissibility of police reports; reliance on comparable awards and consideration of inflation.
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14 July 2017 |
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Stay of execution granted pending appeal because plaintiffs are impecunious and the appeal risks being rendered nugatory.
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Civil procedure — Stay of execution pending appeal — Onus on applicant to show special circumstances or risk of appeal being rendered nugatory — Impecuniosity of judgment creditors — Assessment of damages — Inter partes v ex parte applications — Costs and sheriff fees.
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10 July 2017 |
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Application to strike out defence dismissed; defence raises triable issues and contributory negligence may apply to minors.
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Civil procedure — striking out pleadings — Order 18 r.19 RSC; frivolous, vexatious or scandalous defences; contributory negligence of minors — standard of the ordinarily prudent child; evidentiary weight of police reports; inordinate delay in strike‑out applications.
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10 July 2017 |
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Strike-out application dismissed; defence raises triable issues and contributory negligence can apply to minors depending on age.
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Civil procedure — strike-out — Order 18 r.19(1) — frivolous/vexatious pleadings — police report not conclusive — contributory negligence and minors — promptness of application.
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10 July 2017 |
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General Interpretation Act preserves repealed law and subsidiary Rules, so the Rules of the Supreme Court remain operative and the preliminary objection is dismissed.
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Statutory interpretation — Courts (Amendment) Act 2016 — General Interpretation Act (ss.13, 14(1)) — effect of repeal on subsidiary legislation — Rules of Supreme Court remain operative — summary judgment procedure preserved.
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1 July 2017 |
| 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.
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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.
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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.
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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.
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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.
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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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Assessment awarded K1,400,000 for pain and suffering and K13,500 special damages, costs to plaintiff.
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Tort
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Damages — Assessment of general damages for pain and suffering and loss of amenities — Quantum for limb/foot injury with 20% incapacity
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Special damages — Proof and awarding of specific outlays (medical and police reports) — Award based on exhibited receipts
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20 June 2017 |
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Assessment of damages for a tortious motor-vehicle injury: pain, disfigurement, special damages and costs.
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Tort
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Personal injury — Assessment of damages for pain and suffering and loss of amenities — Quantum with partial incapacity
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Disfigurement — Permanent scarring — Compensation adjusted for devaluation
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Civil procedure — Default judgment — Assessment of damages in absence of defence
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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.
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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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Court ordered transfer of a commercial suit to the Commercial Division and awarded costs against the plaintiff.
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Civil Procedure — Division of High Court — Commercial Division jurisdiction — Transfer of proceedings commenced in wrong division under s6A(2) Courts Act — Costs liability under s6A(3)
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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.
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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.
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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.
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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.
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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.
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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.
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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 |