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Citation
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Judgment date
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| July 2021 |
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Applicant's suit dismissed for want of prosecution; respondent awarded K3,500 for slander and assault.
Defamation (slander) — words concerning professional competence — actionable per se; Assault — corroboration and medical evidence; Dismissal for want of prosecution; Assessment of damages.
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29 July 2021 |
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Convictions under revoked regulations are nullities; forfeiture and vehicle-owner fine set aside; courts must use updated statute books.
Criminal law — Conviction under revoked regulations — Proceedings a nullity — Forfeiture and fines dependent on invalid conviction set aside — Duty to maintain updated statute books.
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29 July 2021 |
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DPP’s appeal dismissed: prosecution failed to establish cause of death or nexus, so no case to answer.
Criminal law – case to answer – prima facie case; murder – causation, nexus and malice aforethought; circumstantial evidence and doctrine of last seen; admissibility and weight of expert and post-mortem evidence; delegation of prosecutorial power; requirements for notice of appeal.
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28 July 2021 |
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26 July 2021 |
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Claimant awarded MK4.8 million for injuries; ongoing pain and disfigurement insufficiently proven.
Personal injury – quantum of damages – assessment of pain and suffering, loss of amenities and disfigurement; proof of fractures without x-ray evidence; requirement of medical follow-up evidence for ongoing disability; reliance on comparable awards.
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26 July 2021 |
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Absence of letters of administration does not bar wrongful‑death damages; court awarded K14,605,000 for expectancy, dependency, and funeral costs.
Personal injury/wrongful death — Letters of Administration not prerequisite to recovery under s.7 Statute Law (Miscellaneous Provisions) Act — Assessment of damages: loss of expectation of life, dependency calculation (multiplicand, multiplier, deduction), and special damages accepted on balance of probabilities despite no receipts.
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26 July 2021 |
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23 July 2021 |
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Possession of customary land confers title; claimant failed to prove lawful acquisition or required chief consultation for the extension.
Land law – customary land v public land – statutory designation of public land requires Gazette/ministerial certificate (Land Act ss 27, 40–41); chiefs administer customary land (s25); title to customary land moves with possession; requirement to consult chiefs and prove compensation when acquiring customary extensions.
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23 July 2021 |
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22 July 2021 |
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Costs assessed on the standard basis; several bill items reduced for disproportionality and lack of proof.
Costs assessment – party-and-party costs – standard basis of assessment – proportionality and reasonableness – hourly rate for counsel – proof of disbursements – reduction of excessive bill items.
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22 July 2021 |
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21 July 2021 |
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20 July 2021 |
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Assessment of damages for claimant's multiple fractures, disfigurement and loss of amenities following defendant's default on liability.
Personal injury — Assessment of damages — Multiple fractures, dislocations, soft tissue injuries — Pain and suffering, loss of amenities, disfigurement — Special damages strictly proved — Default judgment on liability — Use of comparable awards in quantification.
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19 July 2021 |
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19 July 2021 |
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Appeals from the IRC are limited to law or jurisdiction; factual findings on fairness of dismissal are rarely disturbed.
Labour law – unfair dismissal – procedural fairness in disciplinary hearings – appeals from Industrial Relations Court limited to questions of law or jurisdiction – appellate restraint on factual findings.
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16 July 2021 |
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A chief’s suspension and dethronement without hearing or written reasons is unlawful and invalidates any successor selection.
Customary law – proof as question of fact; chiefs – suspension and dethronement; requirement to be heard and reasons in writing (s43 Constitution); invalidity of successor selection where removal unlawful; public law remedies — judicial review v ordinary action; procedural compliance by Traditional Authority.
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16 July 2021 |
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Conviction and 36‑month sentence for possessing charcoal without a licence upheld; foreign documents insufficient to prove lawful importation.
Forestry Act — possession/trafficking of charcoal without licence — sufficiency of foreign documents to prove lawful importation — proof of previous convictions for sentencing — interpretation of sections 68(3)(a) and 81.
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16 July 2021 |
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The High Court lacked statutory jurisdiction to review an Industrial Relations Court Chairperson's order under section 26(1).
Courts Act s26(1) — supervisory and revisionary jurisdiction — Industrial Relations Court not established under Courts Act — jurisdiction is statute-conferred — High Court lacks power to review IRC Chairperson's order under s26(1).
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15 July 2021 |
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The applicant's convictions were upheld on circumstantial evidence and call logs despite improper use of section 3 CP&EC.
Criminal law
ircumstantial evidence
dmissibility of call logs/business records alse police statement as perjury xtradition (s.21)
ddition of lesser offences provable by extradition facts xclusion of illegally obtained evidence
nd limited scope of s.3 CP&EC
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14 July 2021 |
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Court refused claimant's summary judgment application despite finding defendant's defence a sham, to avoid abuse of process.
Civil procedure – Summary judgment – Order 12 rule 23 – Sham defence – General denials – Order 7 rule 6 – Abuse of process – Refusal of partial summary judgment.
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14 July 2021 |
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Prosecutorial delay and unsubstantiated flight-risk claims did not justify continued remand; bail granted with conditions.
Criminal procedure – Bail – Constitutional right to bail (s.42(2)(e)) – Burden on prosecution to show interests of justice – Prosecutorial delay and prior revocation without due process – Flight risk and bail conditions.
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14 July 2021 |
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Costs were taxed on the standard basis as proportionate, reduced from the claimed amount to MK5,469,388.75.
Civil procedure – taxation of costs – standard basis assessment; Proportionality of costs to amount recovered (Order 31 r.5 CPR 2017); Apportionment of hourly rates; Allowability of refresher/instruction fees; Disallowance/reduction of unsupported disbursements and authorities.
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13 July 2021 |
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12 July 2021 |
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12 July 2021 |
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Costs assessed on the standard basis and reduced for proportionality to MK4,519,800.
Costs assessment – standard basis where judgment silent; proportionality of costs to amount recovered; hourly rate for counsel; reasonableness of hours (conferences, documents, attendances); general care and conduct percentage; instruction fee and disbursements; taxation of bill.
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12 July 2021 |
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12 July 2021 |
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A juvenile accused of murder entitled to bail where the State does not object; court imposed conditions to secure attendance.
Bail — Constitutional right under Section 42(2)(e) — not absolute — State bears burden to show detention necessary in interests of justice — Bail (Guidelines) Act factors — juvenile accused — bail conditions to secure attendance.
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8 July 2021 |
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Additional claimants added at assessment and identifications by house number struck off; each party must be named separately under Order 6.
Civil Procedure — Order 6 CPR 2017 — Parties must be named separately — Adding parties after summons served — Endorsement before service and court applications — Consolidation of matters — Assessment of damages — Striking off improperly added claimants — Identification by house number invalid.
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5 July 2021 |
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Minister's tacit acceptance of an Acting Traditional Authority without presidential delegation or royal-family consultation was ultra vires and void.
[Chiefs Act] Appointment of Acting Traditional Authority – tacit governmental decision reviewable though unwritten – necessity of written presidential delegation for s.10 powers – requirement to consult royal family and observe customary law – Wednesbury unreasonableness – certiorari and mandamus.
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5 July 2021 |
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Minister’s tacit recognition of an acting chief was ultra vires absent written presidential delegation and without customary consultation.
Chiefs Act s10 – appointment of Acting Traditional Authority; delegation of presidential powers – written delegation required (General Interpretation Act s35(1); Constitution s89(6)); customary law and royal‑family consultation required for acting appointments; tacit administrative decisions and judicial reviewability; Wednesbury unreasonableness; ultra vires administrative action.
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5 July 2021 |
| June 2021 |
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A consent order did not bar recovery of costs to the claimants; insurer’s policy limit does not relieve the insured of excess costs.
Insurance law – consent order – policy limit – costs – taxation of costs; distinction between insurer’s obligation and insured’s personal liability; Kabotolo precedent.
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28 June 2021 |
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Unpleaded nerve injury and unparticularized special damages rejected; court separately assessed non-pecuniary and earning-capacity damages, awarding K7.5m.
Personal injury — assessment of damages; new/unpleaded injury inadmissible at assessment without prior notice or medical support; unparticularized special damages not awarded; non-pecuniary heads to be separated; loss of earning capacity — use of minimum wage as multiplicand and court discretion on multiplier when age/earnings unverified.
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24 June 2021 |
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Court found an oral partnership and dissolved it from 1 January 2009 but dismissed accounting and damages claims for lack of audited proof.
Partnership law – existence of partnership despite absence of written agreement – contribution by labour and profit-sharing as indicia of partnership; Partnership act – dissolution by notice and cessation of joint trading; Civil proof – need for audited accounts/forensic tracing to establish alleged transfers, loans and loss.
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24 June 2021 |
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24 June 2021 |
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Whether hearsay alone can establish that the respondent defamed and maliciously harmed the applicant's employment prospects.
Defamation – requirement of proof of publication to third parties – hearsay insufficient to establish defamatory or malicious false statements – failure to call primary witnesses defeats claim.
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24 June 2021 |
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Death sentence set aside due to youth and untreated epilepsy; substituted sentence of time served with conditional medical follow-up.
Sentencing — Death sentence rehearing — Mental illness (grand mal epilepsy) as mitigation — Lack of neurological/psychiatric assessment — First offender and youth — Substituted sentence of time served and conditional release.
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24 June 2021 |
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Conviction quashed where unsworn child evidence lacked adequate corroboration and the defence version might reasonably be true.
Criminal law - defilement of a minor; unsworn child evidence requiring corroboration; medical evidence confirms assault but not perpetrator; credibility and timing of disclosure; appellate review; conviction unsafe and quashed.
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24 June 2021 |
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Whether a bank’s application of a deposit to a defaulted loan violated Pension Act s73(1)(c)’s protection of pension benefits.
Banking and loans – application of account deposit to arrears and fees – appellate rehearing and powers under Courts Act s22 – Pension Act s73(1)(c) – protection of pension benefits from attachment – remittal for additional evidence.
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23 June 2021 |
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Whether the Ombudsman may hear unfair dismissal claims where court remedies exist and whether its compensation awards exceeded statutory limits.
Administrative law – Ombudsman jurisdiction under section 123 – exclusion where court remedies reasonably available; Employment law – compensation for unfair dismissal – awards must follow Employment Act standards, avoid double recovery; Judicial review – Wednesbury unreasonableness and statutory conformity.
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23 June 2021 |
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The Ombudsman lacked jurisdiction over a delayed unfair‑dismissal claim and awarded excessive, Wednesbury‑unreasonable compensation.
Constitutional/judicial review – Ombudsman jurisdiction – section 123 Constitution – exclusion where court remedies available; Labour law – unfair dismissal – Employment Act governs compensation – awards must be just and equitable; Administrative law – Wednesbury unreasonableness – excessive compensation; Limitation and separation of functions between courts and Ombudsman.
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23 June 2021 |
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Ombudsman lacked jurisdiction over an old unfair dismissal claim and its compensation awards were excessive and unlawful.
Ombudsman jurisdiction – section 123 Constitution – availability of court remedies – unfair dismissal – Employment Act s63 compensation – Wednesbury unreasonableness – administrative judicial review.
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23 June 2021 |
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An appeal may be dismissed with costs where appellants fail to comply with practice directions and to prosecute the appeal.
Civil procedure — Practice Direction No. 1 of 2010 — Failure to comply with pre-hearing protocols — Failure to prosecute appeal — Dismissal for want of prosecution and costs; land law — permanent injunction protecting possession and quiet enjoyment.
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22 June 2021 |
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Claimant awarded K3,500,000 for pain, suffering and loss of amenities after false positive HIV diagnosis and ARV treatment.
Medical negligence – False positive HIV test – Wrongful administration of ARVs – Assessment of damages for pain and suffering, loss of amenities and disfigurement – Default judgment on liability.
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21 June 2021 |
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21 June 2021 |
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Application to stay assessment of damages was refused: default judgment against the 2nd defendant stands and no special circumstances merited a stay.
Civil procedure — Stay of proceedings pending appeal — Inherent jurisdiction to stay proceedings — Default judgment — Assessment of damages may proceed despite pending appeal against other defendants — Applicant must show special circumstances or irreparable harm not compensable by damages.
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21 June 2021 |
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Whether newspaper words amounted to defamatory libel and whether fair comment or justification defeated the claim.
Defamation (libel) – publication and reference – ordinary meaning test – whether words lower claimant in estimation of right-thinking members of society – defences of fair comment and justification – failure to prove defamation on balance of probabilities – costs for failure to file submissions.
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18 June 2021 |
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17 June 2021 |
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Discharge for nude photos substantively justified but quashed due to serious procedural unfairness in disciplinary process.
Police discipline – conduct prejudicial to good order – nude photographs – higher standard for uniformed officers; Administrative law – procedural fairness – inadequate notice; natural justice; functus officio; unlawful internal interference; Appeal – leave to appeal out of time.
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15 June 2021 |
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15 June 2021 |
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Failure to prove that the employer instigated arrests; acquittal alone does not establish false imprisonment.
False imprisonment — employer report of missing goods — notification to police vs. laying a charge — police independent investigation — acquittal not determinative of civil liability — evidential burden to prove instigation of arrest.
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15 June 2021 |