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Citation
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Judgment date
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| September 2021 |
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Assessment of personal injury damages: inadequate proof of lost earnings/special damages; consolidated award of MK 4,950,000.
Personal injury — assessment of damages — pain and suffering; loss of amenities; disfigurement; insufficient proof of loss of earnings and special damages; single consolidated award to avoid overcompensation.
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22 September 2021 |
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Malicious prosecution claim succeeds; false imprisonment, unlawful detention and defamation claims dismissed; costs shared.
Criminal procedure and civil liability – malicious prosecution – absence of reasonable and probable cause and malice; false imprisonment – liability where police conduct own investigations; unlawful detention – proof required of court appearance/remand within 48 hours; defamation – necessity to plead and prove exact words and publication; costs – discretionary.
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21 September 2021 |
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Assessment of damages for multiple passengers injured in a motor vehicle accident, awarding MK23,530,000 and taxed costs.
Personal injury — Assessment of damages — Restitutio in integrum — Use of comparable awards — Proof of disfigurement — Special damages strict proof — Assessment in absence of defendant (service proved).
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20 September 2021 |
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Applicant failed to show good cause or explain an eight-month delay; leave to appeal out of time was refused.
Criminal procedure – leave to appeal out of time – s.349(4) Criminal Procedure and Evidence Code – requirement to show sufficient cause, bona fides and diligence – discretion to condone delay only where adequate explanation and steps taken.
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17 September 2021 |
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Standard-basis taxation reduced an inflated costs bill to K4,520,440.00, stressing proportionality and required supporting documents.
Costs taxation — standard basis assessment — proportionality and reasonableness — Legal Practitioners’ hourly rates (K40,000/hr for senior counsel) — requirement to attach assessment bundle — trimming exaggerated or unsupported bill items.
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14 September 2021 |
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The applicant failed to prove the respondent’s negligence or causation for the fire; claim dismissed.
Negligence — causation in electrical fire claims; res ipsa loquitur — burden to exclude internal causes; electricity supply contracts — liability ends at metering point; necessity of expert evidence in electrical fire causation.
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10 September 2021 |
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Confirmation court increases burglary sentence for premeditated, large-scale theft and notes failure to amend/add charge under section 254.
Criminal procedure — failure to amend charges before section 254 compliance; Penal Code — burglary (s.309(a)) and breaking into building committing felony (s.311); sentencing — appropriate starting point and enhancement for premeditation and magnitude.
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10 September 2021 |
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Court confirmed five‑year burglary sentence, finding magistrate properly balanced aggravating and mitigating factors.
Criminal law – Burglary and theft – Sentencing – Confirmation review under section 15 – Guideline starting point for burglary (six years) – Mitigating factors: youth, first offender, unlocked entry, no damage – Sentence confirmed.
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10 September 2021 |
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Accused convicted for corruptly offering money to judges to influence an election petition; alternative counts dismissed.
Corrupt Practices Act — offering advantage to public officers (s24(2)) — admissibility and weight of audio/WhatsApp evidence — circumstantial evidence and intent — alternative attempt/inducement counts fall away on conviction of substantive offence.
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10 September 2021 |
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Court confirmed a three-year sentence for grievous bodily harm by hot-iron burns, weighing injury severity against guilty plea and first-offender status.
Criminal law — act intended to cause grievous bodily harm — sentence confirmation — assessment of appropriate sentence — factors: severity of injuries, guilty plea, first offender status, comparative authorities — incomplete medical evidence.
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6 September 2021 |
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Default judgment set aside because defendant showed a bona fide defence, subject to costs, filing a defence, and mediation conditions.
Civil procedure — Setting aside default judgment — Delay — Defence on merits — Conditional setting aside — Costs as condition — Requirement to file defence and mediation timetable.
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5 September 2021 |
| August 2021 |
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Assessment of damages for fatal and non‑fatal road accident injuries, including dependency and report costs.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |
| July 2021 |
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29 July 2021 |