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Citation
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Judgment date
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| December 2019 |
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24 December 2019 |
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Petitioner proved tampering and procedural failures that affected the result; court nullified election and ordered a re-run.
Election law – Section 114 PPEA – election petition and burden of proof; electoral irregularities and tampering; duty to supply duplicate signed polling-station result sheets (s.93 PPEA); failure of Electoral Commission to produce official tally records; nullification and order for re-run.
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20 December 2019 |
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19 December 2019 |
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19 December 2019 |
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16 December 2019 |
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16 December 2019 |
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13 December 2019 |
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12 December 2019 |
| November 2019 |
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21 November 2019 |
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Proceedings struck out because they were commenced under superseded rules and instituted by an unlicensed practitioner.
Civil procedure — Rules of Court: RSC superseded by CPR 2017 — Proceedings instituted under former rules invalid; Right of audience — Legal practitioner must hold current practising licence — Processes instituted by unlicensed practitioner are nullities; Relief — striking out and costs.
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21 November 2019 |
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15 November 2019 |
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14 November 2019 |
| October 2019 |
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29 October 2019 |
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29 October 2019 |
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29 October 2019 |
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25 October 2019 |
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24 October 2019 |
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22 October 2019 |
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14 October 2019 |
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14 October 2019 |
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14 October 2019 |
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14 October 2019 |
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2 October 2019 |
| September 2019 |
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30 September 2019 |
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27 September 2019 |
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22 September 2019 |
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20 September 2019 |
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Claimant awarded general damages for pain and loss of amenities; special damages limited to police report cost.
Personal injury – assessment of damages – fracture of distal tibia – general damages for pain and suffering and loss of amenities – proof of special damages required – award for police report only – reliance on comparable local authorities and consideration of award timing.
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10 September 2019 |
| August 2019 |
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30 August 2019 |
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21 August 2019 |
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A court-ordered settlement is a consent judgment and can only be set aside by fresh proceedings showing fraud, mistake, or misrepresentation.
Civil procedure – Settlement agreements executed in court are deemed judgments – No appeal lies against such agreements – Setting aside requires fresh proceedings and proof of fraud, mutual mistake or misrepresentation – Consent-judgment principles apply to mediation settlements.
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14 August 2019 |
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13 August 2019 |
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13 August 2019 |
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Court awarded MK4,500,000 for four days' wrongful detention in poor police cell conditions.
False imprisonment — unlawful detention without charge — damages for loss of liberty, humiliation and mental suffering — quantification by comparable awards — overcrowded police cell — award MK4,500,000.
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12 August 2019 |
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The respondent unlawfully charged interest using an incorrect formula and on penalties, and breached the mandatory 42‑day reply duty.
Tax law — Rule 7 mandatory duty to file grounds and reply within 42 days; interest calculation — unlawful charging of interest before tax due; use of non‑statutory formula; interest to be computed on unpaid tax only; amendments operate prospectively; judicial review available for illegality issues.
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9 August 2019 |
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8 August 2019 |
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8 August 2019 |
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8 August 2019 |
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8 August 2019 |
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5 August 2019 |
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5 August 2019 |
| July 2019 |
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A District Commissioner lacked power to constitute an appellate chiefs’ tribunal; the reinstatement decision was quashed as ultra vires.
Administrative law – judicial review – Wednesbury unreasonableness; Chiefs Act – chieftaincy disputes; District Commissioner’s powers – ultra vires; certiorari; mandamus; locus standi.
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30 July 2019 |
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High Court enforces Supreme Court orders and convicts officials for contempt for failing to publish ordered apologies.
Enforcement of appellate orders — High Court jurisdiction under Rule 20 — contempt of court for failure to comply with Supreme Court of Appeal directive to publish apologies — late, post-deadline compliance insufficient to cure contempt.
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30 July 2019 |
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Petitioner failed to prove that alleged electoral irregularities and improprieties materially affected the election result; petition dismissed.
Election law – Election petitions – Burden of proof on petitioner to prove irregularities and material effect on result; Electoral Commission duties under Constitution and PPE; Proof and admissibility of monitors' evidence; Counting and tallying errors (Emazwini polling station – 136 unaccounted votes) – negligence proved but no impact on outcome; Remedy: annulment/re-run requires proof of result-affecting irregularity.
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29 July 2019 |
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15 July 2019 |
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15 July 2019 |
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Claimant awarded K4,800,000 for severe lower‑limb fractures, degloving injury, pain, loss of amenities and disfigurement; costs to claimant.
Personal injury — assessment of damages — closed tibia/fibula fractures, open metatarsal fracture, degloving wound — hospitalisation and outpatient treatment — 50% incapacity — quantum for pain and suffering, loss of amenities and disfigurement — costs awarded to claimant.
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11 July 2019 |
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Assessment of damages for claimant’s personal injuries resulting from a vehicle accident; award K2.5 million and costs.
Personal injury — Assessment of damages — Pain and suffering, loss of amenities, disfigurement — Use of comparable awards to fix quantum — Award of K2,500,000 and costs to claimant.
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11 July 2019 |
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11 July 2019 |
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Expiry of the 90‑day custody limit renders detention unlawful but does not automatically entitle the accused to bail; interests of justice prevail.
Criminal procedure – statutory 90‑day custody limit (s161G) – effect of expiry of lawful custody – discretion to consider interests of justice – flight risk and strength of State evidence as grounds to refuse bail – court’s duty to expedite trial to prevent unlawful prolonged detention.
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10 July 2019 |