Results.
38 judgments found.
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| August 2021 |
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Assessment of damages for fatal and non‑fatal road accident injuries, including dependency and report costs.
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Personal injury — assessment of damages — pain and suffering; loss of expectation of life; loss of dependency — multiplicand and multiplier method; proof requirement for special damages; reasonable compensation for unproven report costs.
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27 August 2021 |
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An ex parte interlocutory injunction was maintained because claimants disclosed triable issues and damages would be inadequate; set-aside application dismissed.
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Civil procedure — Interlocutory injunctions (Order 10 r.27) — triable issue and limited merits inquiry; adequacy of damages; abuse of letters of administration; non-disclosure and setting aside ex parte orders.
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26 August 2021 |
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Interlocutory injunction preserving disputed estate upheld where claimants showed a triable issue and damages were inadequate.
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Interlocutory injunctions — ex parte injunctions — suppression/non-disclosure of material facts — letters of administration — administration and distribution of deceased estate — adequacy of damages — preservation of status quo — balance of convenience.
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26 August 2021 |
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An application for an interim injunction restraining a municipal ban on motorcycle taxis dismissed pending substantive review.
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Administrative law — Interlocutory injunction — Test: serious question to be tried; adequacy of damages; balance of convenience — Right to economic activity — Limitation under constitutional section 44 — Municipal regulation of motorcycle taxis and public safety concerns.
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24 August 2021 |
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Claimant with scrotal rupture awarded MK7.5M for pain and loss of amenities; permanent impotence insufficiently proven.
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Personal injury — workplace scrotal laceration exposing testes — assessment of general damages; pain and suffering; loss of amenities (sexual/conjugal life) — evidence required to prove impotence; disfigurement claim not pleaded/proven — award MK5,000,000 (pain) and MK2,500,000 (amenities).
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23 August 2021 |
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23 August 2021 |
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23 August 2021 |
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Assessment awards damages for 37‑day false imprisonment, nine months’ withheld wages, interest and costs following default judgment.
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Damages — False imprisonment — Assessment of quantum for 37‑day detention; recovery of withheld wages for interdiction; interest on withheld salaries; party and party costs after default judgment.
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23 August 2021 |
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Appeal admitted out of time and retrial ordered where missing magistrate court record was substantial and prejudicial.
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Criminal law — Appeal and extension of time — Admission of appeal out of time under s349(4) CPEC — Appellate review of magistrate findings — Missing/incomplete lower court record — Substantial omissions justify retrial — Credit for time in custody.
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20 August 2021 |
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High Court confirmed divorce and property division, ordered reassessment of compensation, and set aside an improper protection order allowing return to the home.
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Family law — Divorce; distribution of matrimonial property — assessment of compensation — review of magistrate’s decision; Protection orders — improper ex parte PDVA order and unlawful eviction; Judicial conduct — delays, impartiality and fair trial concerns.
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19 August 2021 |
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Application to extend time to file a bill of costs refused for failure to demonstrate sufficient reason for delay.
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Civil procedure — extension of time to file bill of costs — Order 31 r12 CPR 2017 — discretionary relief — good and substantial reason — enforcement proceedings — initial bill and supplementary bill — importance of timelines.
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16 August 2021 |
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16 August 2021 |
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16 August 2021 |
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Claimants awarded lost salary and 25% ex‑gratia for extra project work; interest refused; arbitrator’s fees allowed.
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Employment law — wrongful/early termination — assessment of damages; conversion of US$ contractual salaries at prevailing rate; implied entitlement to pay for additional project work; discretionary refusal of interest on damages; enforceability of unapproved salary recommendations; arbitration fees awarded.
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13 August 2021 |
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Court assessed compensation for unfair dismissal, awarding loss, severance, leave and notice pay; refused interest and employer pension contributions.
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Employment law — unfair dismissal — assessment of compensation (immediate and future loss, severance, accrued leave, notice) — mitigation — interest on damages not generally awardable; pension employer contributions not payable to dismissed employee under Pensions Act.
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13 August 2021 |
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11 August 2021 |
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11 August 2021 |
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Court awarded MK15,000,000 for severe personal injuries; insurer liable only to MK5,000,000 policy limit.
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Damages — personal injury — assessment of quantum for pain and suffering, loss of amenities and disfigurement; insurer’s liability limited to policy limit; claimant entitled to pursue driver for balance.
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10 August 2021 |
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Credible oral testimony sufficed to prove a metatarsal fracture; claimant awarded K4,000,000 for general damages, special damages dismissed.
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Personal injury — proof of fracture by oral evidence — credibility vs best evidence (x‑rays) — general damages for metatarsal fracture — special damages must be specifically pleaded and strictly proved.
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10 August 2021 |
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A regular default judgment was set aside where defendants showed a prima facie defence and poor pleadings justified investigation despite delay.
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Civil procedure — Setting aside default judgment — Order 12 r.21 HCCPR — Regularly obtained judgment requires prompt application and sworn prima facie meritorious defence — Inadequate particulars in statement of claim may justify delay to investigate.
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9 August 2021 |
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The claimant awarded purchase price, accrued interest and inconvenience damages after defendant sold land to another and failed to refund.
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Contract/land sale — recovery of purchase price; assessment of interest on money due — acceptance of uncontroverted accountant's computation; damages for inconvenience for prolonged deprivation; costs taxed if not agreed.
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6 August 2021 |
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Registrar taxed applicants’ bill allowing five counsel, applied 100% care and conduct, and reduced instruction fees to MWK10,000,000 each.
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Costs assessment — number of counsel — care and conduct uplift — instruction fee — NGO-associated counsel entitlement — Order 31 taxation factors.
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6 August 2021 |
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Police torture and false imprisonment resulted in K34,000,000 damages, including a large punitive award against the State.
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Police misconduct; torture and cruel, inhuman or degrading treatment; false imprisonment; assessment of non-pecuniary damages; exemplary/punitive damages; Police Act and constitutional breaches; comparative awards in personal injury assessments.
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5 August 2021 |
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Claimants awarded general and exemplary damages for 27-day false imprisonment due to oppressive state conduct.
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Civil damages — False imprisonment — Assessment of general damages for 27 days’ detention; consideration of comparative awards and currency value — Exemplary/punitive damages for oppressive, arbitrary state conduct — Costs taxed if not agreed.
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5 August 2021 |
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Assessment of damages for unfair dismissal of a defence force member; Defence Force Regulations govern gratuity and pension entitlements.
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Labour law — unfair dismissal — armed forces excluded from Employment Act — Defence Force Act and Regulations govern gratuity and pension; one month pay per completed year as gratuity; nominal pension award where pensionable-service threshold unmet; interest and costs.
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5 August 2021 |
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5 August 2021 |
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4 August 2021 |
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Assessment of damages for serious road-traffic injuries, awarding quantified sums for non-pecuniary and pecuniary losses.
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Personal injury — assessment of damages after default judgment — heads: pain and suffering, loss of amenities, disfigurement, loss of earnings/earning capacity, future nursing care — use of comparable awards, multiplier method and adjustment for currency devaluation — leave to appeal granted.
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4 August 2021 |
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Assessment of personal injury damages for a road accident, reduced by 15% contributory negligence and subject to insurer policy limits.
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Assessment of damages — personal injury from road traffic accident — awards for pain and suffering, loss of amenities, disfigurement, loss of earnings — adoption of assumed income where earnings not proved — 15% contributory negligence reduction — insurer liable within policy limit.
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4 August 2021 |
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Ex parte interlocutory injunction discharged due to suppression of material facts about nearby licensed quarry operations.
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Civil procedure — Interlocutory injunction — Ex parte injunction — Duty of full and frank disclosure — Suppression of material facts — Mining licence and proprietary rights — Effect of licensed quarry operations on injunction relief.
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3 August 2021 |
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Youthful first-time offender convicted of premeditated murder sentenced to 25 years' imprisonment with hard labour.
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Criminal law — murder — sentencing — mandatory death penalty abolished — mitigation (youth, first offender, guilty plea, remorse) weighed against aggravation (premeditation, attack on sleeping victim, use of stone) — sentence of 25 years with hard labour.
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3 August 2021 |
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3 August 2021 |
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Ombudsman lacked jurisdiction over employment disputes properly triable in the Industrial Relations Court; systemic abuse‑of‑power remedies upheld but employment relief quashed.
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Administrative law — Ombudsman jurisdiction — s123 Constitution and Ombudsman Act — limits where court remedies available; Labour law — employment disputes fall within Industrial Relations Court; Natural justice — right to be heard and challenge evidence when Ombudsman issues final determinations; Remedies — systemic remedies and referrals may stand while employment orders ultra vires.
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3 August 2021 |
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Claimant awarded compensation for a 17-month extension but failed to prove inflated business losses; court awarded MK61.9m plus disturbance.
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Compulsory acquisition/compensation — assessment of damages for loss of business due to project extension — limits of pleadings on claimed period — requirement to prove special damages; valuation by occupancy, room rate, costs and disturbance allowance.
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3 August 2021 |
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Default judgment set aside because defendant demonstrated a meritorious defence (not the insurer); defence to be filed within seven days.
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Civil procedure — setting aside default judgment — Order 12 rule 21; service on corporate bodies — branch v principal place of business; meritorious defence — insurer liability for uninsured vehicle; inordinate delay and interests of justice.
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2 August 2021 |
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Claimant awarded MK5,503,000 for physical injuries; insurer liable only up to MK5,000,000 policy limit.
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Personal injury — Assessment of damages — Pain and suffering; loss of amenities; disfigurement — Proof of mental injury requires medical evidence — Special damages must be strictly proved — Insurer’s liability limited by policy limit.
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2 August 2021 |
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Court awarded damages for pain, loss of amenities and disfigurement; refused special damages for lack of proof.
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Personal injury — Assessment of damages — Pain and suffering; Loss of amenities of life; Disfigurement; Special damages require strict documentary proof; Use of comparative awards and adjustment for currency devaluation.
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2 August 2021 |
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2 August 2021 |