Results.
14 judgments found.
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| August 2019 |
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30 August 2019 |
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21 August 2019 |
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A judgment against the State became statute-barred; written acknowledgement under the Limitation Act is required to reset the limitation period.
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Limitation
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Enforcement of money judgments — Whether judgment enforceability is time-barred under Limitation Act s 4(3) — Effect of written acknowledgement under ss 22 and 23
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Computation of period — Acknowledgement dated 13 February 2004 would only extend enforcement to February 2016
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Civil procedure — Enforcement against the State — Representations and partial payments do not override statutory limitation periods
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20 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.
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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.
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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.
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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 |