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Citation
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Judgment date
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| July 2019 |
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Petition filed after mandatory seven-day period was statute-barred; court struck it out and ordered each party to bear its own costs.
Electoral law – computation of statutory seven-day period for election petitions – communication/ service date as trigger – General Interpretation Act and Civil Procedure Rules govern inclusion of weekends/public holidays – petitions filed after statutory period are statute-barred and subject to striking out; court cannot extend mandatory limitation.
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9 July 2019 |
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An election petition filed after the seven‑day statutory period is statute‑barred and must be struck out.
Election law – section 97 Local Government Elections Act – computation of the seven‑day limitation – General Interpretation Act and court rules – weekends/public holidays – statutory limitation and jurisdiction – condonation of late election petitions – striking out as incompetent.
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9 July 2019 |
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8 July 2019 |
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Court awarded K4,700,000 for severe head and soft‑tissue injuries, guided by comparable awards and currency devaluation.
Personal injury — assessment of damages — non‑economic loss (pain and suffering, loss of amenities, disfigurement) — use of comparable awards and adjustment for currency devaluation.
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3 July 2019 |
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3 July 2019 |
| June 2019 |
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27 June 2019 |
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26 June 2019 |
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26 June 2019 |
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Assessment of damages after unfair dismissal: employer's refusal to reinstate triggers statutory 12‑week award; lost salary, bonus and pension to judgment awarded.
Employment law – unfair dismissal – reinstatement order not complied with – assessment of damages – section 63 Employment Act – special 12‑week award – lost salary and withheld bonuses – pension contributions to date of judgment – burden of proof; employer's duty to produce payroll records.
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24 June 2019 |
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Divorce granted for cruelty; young child's custody awarded to mother based on best interests despite customary lobola claims.
Jurisdiction under the Marriage, Divorce and Family Relations Act 2015 – application of corresponding provisions to repealed enactments; Divorce – irretrievable breakdown via cruelty (repeated beatings; domestic violence plea); Child custody – best interests paramount, statutory preference for mother of young child; Customary lobola does not override child's welfare.
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21 June 2019 |
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The defendant negligent for failing to carry an extinguisher and stop timely; claimant 80% contributorily negligent for loading a hot mini-cooker.
Negligence – duty of care in employer-provided transport; res ipsa loquitur inapplicable where plausible alternative cause exists; contributory negligence for loading hot appliance; failure to carry extinguisher and to stop promptly as negligent omissions; special damages require strict proof.
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20 June 2019 |
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20 June 2019 |
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14 June 2019 |
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A parliamentary election petition grounded on sections 100 and 114(1) was misconceived; s100 applies only to presidential petitions and s114(1) requires a Commission decision on irregularity.
Electoral law – Parliamentary elections – Proper statutory basis for election petitions – Section 100 applies only to Presidential petitions; Section 114(1) permits appeals only against Commission decisions confirming or rejecting irregularities; failures under section 113 may require judicial review, not appeal under s114.
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13 June 2019 |
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13 June 2019 |
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A s.114 election appeal requires a prior Commission decision; absent that, the petition was misconceived and dismissed.
Electoral law - Parliamentary elections - s.114 appeal limited to decisions of the Electoral Commission on complaints - s.113 complaints procedure - distinction from presidential petitions (s.100) - jurisdiction and judicial review - procedural compliance (CPR).
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12 June 2019 |
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A section 114 election petition is incompetent absent a prior Commission decision on the alleged irregularity.
Electoral law; s.114 Parliamentary and Presidential Elections Act — appeal lies only from a Commission decision confirming/rejecting irregularity; complaints under s.113 required first; judicial review distinct remedy; grounds for voiding election limited to s.114(3).
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12 June 2019 |
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Admissibility of a deceased witness's statement and whether the accused have a prima facie case to answer.
Criminal procedure – Admissibility of written statements of unavailable/deceased witnesses – Sections 173 and 175 CP&EC – Right to a fair trial and to challenge evidence – 'Case to answer' test (whether a reasonable tribunal might convict).
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11 June 2019 |
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Misnaming the Electoral Commission is not fatal; applicant may amend, judicial review permitted, interlocutory injunction to restrain swearing-in refused.
Administrative law – judicial review of electoral decisions; procedural irregularity of party citation – misnaming and estoppel; interlocutory relief – restraint on swearing-in of declared MP; election law – judicial review versus election petition; procedural requirements for urgent oral applications.
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5 June 2019 |
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4 June 2019 |
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Court convicted three accused of murder and conspiracy; acquitted them of selling/possession of human tissue; fourth accused acquitted on alibi.
Criminal law — Murder and conspiracy to kill a person with disability — Admissibility and weight of retracted confessions when corroborated — Alibi not challenged — Insufficient proof of possession/sale of human tissue.
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4 June 2019 |
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3 June 2019 |
| May 2019 |
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Appellate court ordered retrial on property distribution, child maintenance and compensation due to lower court omissions.
Family law — Dissolution of marriage — Distribution of matrimonial property — Lower court distributed property without hearing — Absence of maintenance and compensation orders — Appellate powers (Courts Act s.22) — Retrial ordered; preservation of property pending retrial; costs each party.
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27 May 2019 |
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Court granted leave for judicial review of electoral actions but discharged the stay, allowing the Commission to complete processes under statutory time limits.
Electoral law — Judicial review as a permissible route for election disputes — Jurisdiction under section 76(5)(a) and Order 19 r.20 — Interim injunctions in election matters — Statutory timeliness under s.99 Parliamentary and Presidential Elections Act — Reviewability of administrative acts (tally sheets, verification, tabulation).
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27 May 2019 |
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Prisoner passenger owed duty of care but failed to prove driver negligence or causation due to lack of evidence.
Personal injury — Negligence — Duty of care owed to prisoner passengers — Goods vehicle conveying persons without adaptation — Statutory breaches (insurance, fitness certificate) — Causation and need for medical evidence — Contributory negligence considered.
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23 May 2019 |
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Prisoner passenger owed duty of care, but insufficient proof of driver negligence and causation; claim dismissed.
Tort — negligence — duty of care of prison authorities to prisoner-passenger; authorization to be carried; evidential burden on breach and causation; statutory breaches (carrying passengers in goods vehicle; insurance; certificate of fitness) noted but not shown to establish negligence; failure to tender medical evidence defeats causation.
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23 May 2019 |
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Claimant awarded conversion and nominal loss-of-use damages where market and usage evidence were insufficient.
Conversion of chattel – delivery to purchaser before full payment – measure of damages for non-runner vehicle – replacement market value where repair cost not applicable – loss of use claims require proof of period and purpose of use – mitigation of loss.
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23 May 2019 |
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Claimant proved accident-related injuries and was awarded K2,700,000 for pain, suffering, disfigurement and loss of amenities.
Personal injury — proof of injuries; default judgment — liability settled; assessment of general damages — pain and suffering, disfigurement, loss of amenities; special damages and loss of earning capacity — proof required; quantum — comparative approach.
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23 May 2019 |
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Divorce granted for cruelty where respondent abandoned the matrimonial home and no collusion was found.
Family law – Divorce – Cruelty as ground for divorce – abandonment/denial of conjugal rights – requirement of intentional conduct making cohabitation impossible; Collusion inquiry under Divorce Act s7; Ancillary reliefs must be particularized to be granted; Costs – each party to pay own.
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23 May 2019 |
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Internal administrative misplacement of served process does not justify setting aside a default judgment.
Civil procedure – Setting aside default judgment – Order 12 r.21 – Requirement of reasonable cause for failure to defend – Need to show meritorious defence with real prospects – Internal administrative loss of process not sufficient – Procedural justice integral to substantive justice.
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20 May 2019 |
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Appeal dismissed: maintenance directive upheld as order, customary-house claim unproven, and property-distribution issue prematurely raised.
Family law – maintenance orders – statement that respondent "should continue supporting the child" constitutes maintenance order; specifics require factual inquiry at first instance; Customary law – obligations under matrilineal custom must be proved in trial court and cannot be raised afresh on appeal; Civil procedure – appellate court will not adjudicate issues not determined by lower court.
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20 May 2019 |
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17 May 2019 |
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16 May 2019 |
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15 May 2019 |
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13 May 2019 |
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Interlocutory injunction vacated where claimant failed to file for continuation and did not prosecute the scheduled hearing.
Civil procedure – interlocutory injunction – continuation hearing – failure to file application for continuation – vacatur of injunction without notice.
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13 May 2019 |
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13 May 2019 |
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10 May 2019 |
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Judge recused after defence sought to lead evidence implicating the judge's close relative; file transferred for reassignment.
Judicial recusal – perceived bias and impartiality – familial relationship of judge to person implicated in evidence – defence conduct and late amendments to witness statements – expungement of evidence and limits on media reporting – transfer of file for reassignment.
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10 May 2019 |
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Court awarded K5.3m to the claimant for serious wrist fractures, pain, disfigurement and loss of amenities.
Personal injury — Assessment of damages — Open fracture of distal radius and ulna — Pain and suffering and disfigurement — Loss of amenities — Quantum — Permanent incapacity assessed at 25% — Costs for reports not proved.
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8 May 2019 |
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8 May 2019 |
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7 May 2019 |
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Assessment of damages for injuries from negligent driving, including general damages, disfigurement, special damages and costs.
Motor vehicle negligence; assessment of damages; pain and suffering; loss of amenities; disfigurement; special damages (police and medical reports); consent judgment on liability; absent defendants.
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4 May 2019 |
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3 May 2019 |
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A Third Grade Magistrate lacked jurisdiction to determine child custody; custody must be decided by a child justice court.
Child Care, Protection and Justice Act – custody jurisdiction – child justice courts; Jurisdiction of subordinate courts – supervisory review (s.26 Courts Act); Procedural requirements – designation of child justice courts; Presence of probation officer; Order set aside for want of jurisdiction; Referral to child justice court.
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3 May 2019 |
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3 May 2019 |
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3 May 2019 |
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2 May 2019 |
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2 May 2019 |
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2 May 2019 |