Results.
387 judgments found.
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| November 2021 |
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Child claimant awarded K6,000,000 for pain and disfigurement and K1,500,000 for loss of amenities after serious leg injuries.
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Personal injury — assessment of damages — open fracture of tibia and fibula; degloving wound and skin grafting — permanent scar and limp — quantum for pain, suffering, disfigurement and loss of amenities — psychiatric injury not proven — child claimant.
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24 November 2021 |
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Claimant's speculative allegation of unlawful international evidence sharing lacked an arguable case; permission and injunction denied.
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Mutual legal assistance — Designation of authority — Regulation 2 and Financial Crimes Act — Attorney General as appropriate authority — Alleged ultra vires conduct by anti-corruption agency — Permission to apply for judicial review — requirement of an arguable case — interlocutory injunction without notice.
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24 November 2021 |
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Permission for judicial review and an urgent injunction refused for lack of an arguable, non‑speculative case.
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Judicial review — permission stage — arguable case requirement; Mutual Assistance in Criminal Matters Act — designated authority; ultra vires and Wednesbury unreasonableness; interlocutory injunction — without notice; admissibility of affidavit evidence.
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24 November 2021 |
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Interlocutory injunction refused where triable issues exist but balance of convenience favors long-possession defendants; damages inadequate for land.
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Civil procedure — interlocutory injunction — requirements of serious question to be tried, inadequacy of damages, balance of convenience — land disputes — status quo where defendants in long undisturbed possession — consideration of prior judgment/res judicata.
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23 November 2021 |
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Assessment of damages for fractured clavicle with ongoing pain: claimant awarded K5,000,000 and costs.
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Motor vehicle accident — assessment of damages — fractured clavicle and rib pain — ongoing pain and functional limitation — quantum of general damages — costs to successful claimant.
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22 November 2021 |
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Claimant awarded MK7,000,000 for finger amputation injuries: general damages and loss of earning capacity.
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Personal injury — assessment of damages — pain and suffering, loss of amenities and disfigurement — loss of earning capacity — quantum by reference to comparable cases and evidential proof of prior earnings.
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22 November 2021 |
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Summary judgment enforcing written discharge vouchers as binding settlements; interest denied absent express agreement.
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Contract law — discharge vouchers as binding settlements — summary judgment — effect of "without admission of liability" and absence of "without prejudice" — no arguable defence — interest not recoverable absent express agreement.
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22 November 2021 |
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Assessment of general damages for fractured ankle, pain, loss of amenities and disfigurement; award MK4.5 million plus costs.
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Personal injury — road traffic accident — assessment of general damages — pain and suffering; loss of amenities of life; disfigurement — use of comparable cases — award MK4,500,000 — costs of assessment taxed if not agreed.
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22 November 2021 |
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Assessment of damages for head injury causing left-sided paralysis; court awarded K8,000,000 and taxed costs.
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Personal injury — assessment of general damages — head injury, unconsciousness and left-sided paralysis — pain and suffering; loss of amenities; disfigurement — use of comparable cases — future treatment not pleaded — award K8,000,000; costs taxed.
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22 November 2021 |
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Whether pending enforcement proceedings and a consent order in another matter permit timely filing of a bill of costs.
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Civil procedure — Costs assessment — Order 31 r 12(1) CPR 2017 — Timing for filing bills of costs — Pending enforcement proceedings as continuation of proceedings — Effect of consent order in different cause number as triggering order for costs — Requirement for leave to file before conclusion.
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22 November 2021 |
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A consent order in a related matter can permit timely filing of a bill of costs within the three‑month limit.
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Costs — Bill of costs — Order 31 r 12(1) CPR 2017 — three‑month filing period — conclusion of proceedings — enforcement proceedings — consent order in related matter as basis for filing — leave required to file before conclusion.
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22 November 2021 |
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Court awarded MK8,604,004.32 for general damages and reduced future earning capacity after workplace hand injury.
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Personal injury — assessment of damages — general damages for pain and suffering, loss of amenities and disfigurement — loss of earning capacity — use of minimum wage where earnings unascertainable — deduction for contingencies — assessment after default judgment.
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22 November 2021 |
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Claimant awarded MK7,000,000 damages; insurer liable only to MK5,000,000 policy limit.
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Personal injury — assessment of damages — open Gustilo type 3B tibia and fibula fracture — pain and suffering, loss of amenities, disfigurement — use of comparable awards — insurer’s statutory/policy limit (s.144 Road Traffic Act) — judicial notice of MK5,000,000 limit.
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20 November 2021 |
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Conviction under child sexual imagery provision quashed where complainant was 16; retrial refused on justice grounds.
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Criminal law — Section 160E (photographing a child in prohibited sexual act) — statutory definition of "child" (section 160A) — elements of offence; Plea of guilty — requirement to put ingredients of offence to accused; Misdescription/misdirection — effect on conviction; Retrial discretion (section 353) — balancing interests of justice vs prejudice to accused; Minor/cognate offences — limitations on convicting for uncharged offences.
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19 November 2021 |
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Whether an ex parte varied injunction should be suspended for suppression of material facts and reliance on an expired interlocutory order.
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Civil procedure — Stay of enforcement (Order 28 r48 CPR) — Ex parte injunctions — Duty of full and frank disclosure — Suppression of material facts — Expiry of interlocutory injunction — Enforcement orders and possession under Sheriffs Act.
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19 November 2021 |
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Court awarded reduced damages for electrocution injuries but limited loss of earnings due to insufficient evidence.
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Personal injury — Electrocution at work — Assessment of damages — Pain and suffering, loss of amenities, deformity/disfigurement, and loss of earning capacity — Quantum reduced where claimant’s proposed figures unsupported; insufficient evidence for high loss of earnings award.
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18 November 2021 |
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Court refused without-notice injunction to restrain media reporting on an ongoing investigation, prioritizing press freedom.
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Civil procedure — Interlocutory injunctions (Order 10 r27) — Defamation — Bonnard v Perryman principle — Plea of justification — Freedom of the press vs reputation.
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18 November 2021 |
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Assessment of damages for drug extravasation injury, admissible photographs, proved special damages, reduced by 30% contributory negligence.
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Medical negligence — extravasation of gentamicin causing tissue necrosis — admissibility of photographs — assessment of general damages (pain and suffering, loss of amenities, disfigurement) — special damages proof requirements — contributory negligence reduction — refusal of aggravated/exemplary damages and interest.
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17 November 2021 |
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Court awarded K4.3 million for pain, loss of amenities and disfigurement; special damages not proved.
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Personal injury — assessment of damages — pain and suffering; loss of amenities of life; disfigurement — special damages must be specifically pleaded and proved — reliance on comparable awards and adjustment for currency devaluation.
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17 November 2021 |
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Claimant entitled to repair, loss-of-use and special damages, but recovery limited by insurer’s policy limits.
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Insurance — assessment of damages — reasonableness of insurer’s claim adjustments using insurer-selected garages — effect of policy limits on awards — agreed liability subject to policy limit.
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17 November 2021 |
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Court fixed counsel's expense rate at K30,000/hr, disallowed travel costs, and taxed the bill at K2,958,525.00.
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Taxation of costs — party-and-party bill — standard basis assessment — allocation of expense rate to attending counsel — expense rate fixed at K30,000/hr — travel disallowed where attending counsel based locally — itemised hours, care and conduct allowance, VAT and outlays.
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17 November 2021 |
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Application to set aside default judgment dismissed: defendant failed to show a meritorious defence and claimant was an innocent purchaser.
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Civil procedure — Setting aside default judgment — Order 12 rule 21 CPR 2017 — requirements of reasonable cause and meritorious defence — bona fide purchaser — restriction order by Anti‑Corruption Bureau not a defence to contractual liability.
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17 November 2021 |
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Whether the Attorney General automatically becomes a defendant in constitutional referrals and who may represent State interests.
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Constitutional referral — parties — Order 19 r.8 service on Attorney General — Attorney General not automatically defendant — role of Attorney General vs DPP — counsel authority and conflict of interest — competence to represent DPP.
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16 November 2021 |
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Failure to produce letters of administration when pleading as administrator is an irregularity; mediation set aside to permit cure.
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Locus standi — necessity of letters of administration where claimant pleads as administrator; Statute Law (Miscellaneous Provisions) Act s.7 — scope and limits; Deceased Estates (Wills, Inheritance and Protection) Act ss.43,50 — effect of letters of administration; procedural irregularity — setting aside mediation to permit cure.
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15 November 2021 |
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Assessment of damages for fracture, tooth loss and bruises; court awarded K8,003,000, insurer liable up to policy limit K5,000,000.
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Personal injury — assessment of damages — fracture of arm, loss of teeth and scarring — admissibility/hearsay of medical reports — general and special damages — insurer liability limited to policy limit.
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15 November 2021 |
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Court set aside default judgment and allowed defence where a meritorious defence (insurance exclusion) was shown, subject to conditions.
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Civil procedure — Setting aside default judgment (Order 12 r21 CPR 2017); filing vs service of defence; meritorious defence requirement; insurer's exclusion clause; costs and conditions to mitigate prejudice.
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15 November 2021 |
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A camp court magistrate not originally seized must explain jurisdiction and file a formal bail order to cure procedural irregularity.
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Criminal procedure — Review of camp court proceedings — Jurisdiction to grant bail where magistrate not originally seized — Requirement for explanatory transfer notes and formal bail order — Importance of accurate court records and correct citation of prosecution as "Republic."
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15 November 2021 |
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Court found bail validly granted by the magistrate seized of the matter and remitted the file to continue the trial.
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Criminal procedure — Review under constitutional and statutory provisions — Alleged irregular bail grant at camp court by magistrate not seized of matter — Record showed bail granted by magistrate seized of matter — Remittal to trial court to continue proceedings.
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15 November 2021 |
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15 November 2021 |
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15 November 2021 |
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Presence and service in Malawi establish jurisdiction; forum non conveniens not shown; substantive law follows lex loci delicti, procedure follows lex fori.
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Jurisdiction — forum non conveniens — presence and service in forum; Conflict of laws — lex loci delicti governs substantive tort law; Lex fori governs procedure and interlocutory injunctions; Proof of foreign law (Order 17 rule 60).
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12 November 2021 |
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Defendant’s residence and service in Malawi confer jurisdiction; lex loci delicti governs substantive law, not forum choice.
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Jurisdiction — forum non conveniens — presence and service — action in personam; Conflict of laws — lex loci delicti governs applicable substantive law, not jurisdiction; Online defamation — place of access/publication and choice of law; Procedure — interlocutory injunctions governed by Malawian rules; Foreign law proof — Order 17 r 60.
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12 November 2021 |
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Court orders transfer of criminal trial to Blantyre under s69(b) CP&EC; no exceptional justification for Lilongwe venue.
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Criminal procedure — venue of trial — section 69(b) CP&EC — nearest court to place of offence or arrest — convenience of defence, prosecution and witnesses — section 96(2) CP&EC — warrant may direct accused to issuing court or any court having jurisdiction — committal irregularity curable under section 5 — presumption of innocence and fairness in venue decisions.
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12 November 2021 |
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Sentence enhanced on confirmation for defilement of a vulnerable 12-year-old, prioritizing deterrence over first-offender status.
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Criminal law — Defilement — Sentencing on confirmation — Enhancement of sentence — First offender status weighed against victim vulnerability and deterrence.
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11 November 2021 |
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Court enhanced sentence for defilement of a seven-year-old, holding first-offender status insufficient to avoid long imprisonment.
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Criminal law — Defilement — Sentence enhancement on confirmation — First offender considerations and sections 339 & 340 CrPE — Sentencing guidelines (starting point ten years) — Aggravating factors: victim age (7), planning, breach of trust — Protection and deterrence.
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11 November 2021 |
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11 November 2021 |
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Court upheld a postdated will after admitting extrinsic evidence, rejected forgery claim, and ordered full disclosure and continued injunction.
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Wills — alteration/postdating of date — admissibility of extrinsic evidence under Probate (Non‑contentious) Rules (Rule 14) — forgery allegations and handwriting expert evidence weighed against witness testimony and documentary emails — standard: balance of probabilities; estate accounting and injunction.
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10 November 2021 |
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Appellate court reversed lower decision: unsigned, unproven sale insufficient; chiefs’ involvement and proper evidence required for customary land ownership.
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Customary land — ownership and sale — individual acquisition and sale of customary land recognised; chiefs’ role and customary consent required
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Evidence — admissibility and weight — unsigned document and absence of proof of consideration render alleged sale invalid
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Witnesses — failure to call material witnesses (vendor/chiefs) weakens party’s case
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Appeal — High Court’s role as rehearing court to reassess evidence and correct misdirections by lower court
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9 November 2021 |
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In-house counsel cannot personally claim party or solicitor-and-own-client costs; party acting in person recovers up to two-thirds of assessed counsel-scale costs.
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Costs — taxation; whether in-house counsel may personally recover party-and-party or solicitor-and-own-client costs — party costs belong to the party
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Legal Practitioners Act s.31 — restrictions on in-house practice; exceptions
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Civil Procedure Rules O.31 r.15(1) — party acting in person recoverable up to two-thirds of counsel-scale costs
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Assessment — reduction of excessive hours and application of reasonable hourly rates
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9 November 2021 |
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Interlocutory injunction granted to restrain defendants from developing disputed land due to triable issues and inadequate remedy at law.
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Interlocutory injunction — Order 10 r.27 CPR — triable issue over land — inadequacy of damages for real property — balance of convenience and preservation of status quo — trespass and development pending trial.
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8 November 2021 |
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A trespass claim on leased land is not automatically a "commercial matter"; defendant failed to prove lack of jurisdiction.
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Jurisdiction — Commercial matter — Definition and scope under Courts Act; Trespass to land — Lease alone does not render dispute commercial; Onus of proof — Allegation of commercial significance must be supported by evidence; Commercial Division vs General Division — Proper forum determined by demonstrated commercial significance.
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5 November 2021 |
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Restoring an alleged-stolen vehicle on one day's notice and before trial was irregular; restoration and enforcement orders set aside.
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Criminal procedure — restoration/disposal of property — preservation of prospective exhibits — adequacy of notice for return dates — ownership disputes pending trial — enforcement orders against non-parties — magistrate court record-keeping and reassignment of proceedings.
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5 November 2021 |
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Whether customary land used for a school becomes public without formal acquisition and whether title moves with buildings.
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Customary land — conversion to public/institutional land requires Land Acquisition Act procedure; title on customary land may move with buildings (Kampaundi v Rev Sisco); boundary/beacon evidence; limitation not determined.
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3 November 2021 |
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Whether customary land became public without statutory acquisition and whether title to improvements moves with the land.
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Land law — customary land v public/institutional land — Land Acquisition Act compliance — title moves with property on customary land — encroachment — limitation not determined due to insufficient evidence.
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3 November 2021 |
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Claimant's suit and injunction seeking enforcement of a quashed boundary re‑demarcation were dismissed as frivolous and an abuse of process.
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Functus officio; abuse of process; interlocutory injunction; failure to disclose cause of action; boundary re‑demarcation quashed by prior judicial review.
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2 November 2021 |
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Claimant awarded K7,503,000 for spinal injuries, pain and loss of amenities; special damages only partially proved.
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Personal injury — Assessment of damages — Fracture and dislocation of cervical spine — Pain and suffering; loss of amenities; strict proof required for special damages (reports) — Comparable awards and currency devaluation considered — Award K7,503,000 plus costs.
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1 November 2021 |
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Assessment of party-and-party costs: court fixed reasonable hourly rates and taxed costs at K2,346,537.50.
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Costs assessment — party-and-party costs — reasonableness of items — retrospective application of updated hourly rate rules — hourly rate fixed at K30,000 — instruction fees and general care & conduct percentage.
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1 November 2021 |
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Interlocutory injunction refused where traders occupied road reserve, alternative markets provided and damages deemed adequate.
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Interlocutory injunction — road reserve occupation — temporary market allocation — adequacy of damages — alternative relocation offered — Public Roads Act considerations — balance of convenience.
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1 November 2021 |
| October 2021 |
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CCTV and circumstantial evidence upheld convictions for burglary, vehicle theft and robbery; sentences affirmed and made consecutive.
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Criminal law — right to call witnesses — admissibility and weight of CCTV and circumstantial evidence — sufficiency of prosecution evidence — sentence review and proportionality — forfeiture of vehicle.
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28 October 2021 |
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Employer breached statutory duty by failing to provide adequate manpower, causing employee’s hand injuries; damages awarded.
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Occupational Safety, Health and Welfare Act s13 — employer’s duty to provide safe systems and adequate manpower; s18(a) — employee duty to take reasonable care; causation of injury; damages assessment.
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28 October 2021 |