Results.
387 judgments found.
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| June 2021 |
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A trial court need not give reasons when finding the applicant has a case to answer.
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Criminal procedure — Section 254 CP&E Code — finding of a case to answer — no statutory duty to give reasons when directing accused to make defence — review jurisdiction and non-interference with ongoing subordinate court proceedings.
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15 June 2021 |
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Leave granted to seek judicial review of COVID-related restrictions; injunction dismissed; police dismissal overturned for procedural unfairness.
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Judicial review — Public health measures — Partial lockdown and restrictions on trade and movement — Amenability to judicial review — Lawfulness and procedural fairness; Interlocutory injunction — requirement for separate application and supporting affidavit; Administrative law — disciplinary proceedings — procedural fairness, inadequate notice, internal interference, functus officio; Ultra vires and parliamentary oversight — Public Health Amendment Rules.
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15 June 2021 |
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Leave for judicial review refused where no recorded hospital decision, no medical evidence under s.243, and alternative remedies available.
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Administrative law — leave to apply for judicial review — necessity of a recorded public decision; Abortion law — section 243 Penal Code exception for operations to preserve mother's life; Alternative remedies — criminal prosecution and child maintenance bars to review; Wednesbury unreasonableness; Onus on applicant to produce medical evidence.
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15 June 2021 |
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Leave for judicial review refused where no hospital decision to deny termination was recorded and alternative remedies existed.
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Judicial review — leave to apply — requirement of a justiciable public decision; Penal Code s243 exception — onus to show risk to mother's life/health; locus standi; alternative remedies (criminal prosecution, child maintenance); abuse of process.
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15 June 2021 |
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Section 46 requires the Commissioner to refer questions of law to the High Court on request; refusal is irrational, mandamus granted.
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Workers Compensation Act s46 — mandatory duty to state a special case to the High Court on request; judicial review — Wednesbury unreasonableness; mandamus to compel statutory duty; distinction between case stated and appeal procedures.
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15 June 2021 |
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Adoption authorized after court found statutory requirements, valid consents, and best interests of the child satisfied.
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Adoption law — Adoption of Children Act requirements — child’s age and residency — petitioners’ age and marital status — consent of persons with parental interest — Guardian ad Litem recommendation — best interests of the child — prohibition on payment for adoption.
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14 June 2021 |
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Subordinate court may distribute matrimonial property as ancillary to dissolving a customary marriage; distribution depends on intention and contributions.
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Family law — Dissolution of customary marriage — Ancillary power of subordinate court to distribute matrimonial property notwithstanding statutory monetary limits — Distribution based on intention and contribution (Sikwese v Banda) — Pre-Act marriages and inapplicability of section 74 — Credibility findings and evidential assessment.
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14 June 2021 |
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Costs assessed on the standard basis: counsel’s K40,000 hourly rate allowed, several claimed hours reduced as disproportionate.
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Civil procedure — Assessment of costs — Standard basis where order silent — Proportionality and reasonableness of hours — Counsel hourly rate — Reduction for non-compliance with assessment bundle rule — Messengerial attendances not taxable at counsel rates — 60% allowance for general care and conduct in straightforward personal injury matter.
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14 June 2021 |
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10 June 2021 |
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9 June 2021 |
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Court validated an unratified pre-incorporation land transfer under Companies Act s44, making the company a proper party.
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Companies Act s44 — pre-incorporation contracts — requirement and form of ratification — validation by court of unratified pre-incorporation land transfer — capacity to sue — proper party to proceedings.
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9 June 2021 |
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9 June 2021 |
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8 June 2021 |
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Application for rehearing and to set aside judgment dismissed; High Court functus officio after Supreme Court appeal.
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Civil procedure — application for rehearing and to set aside judgment entered in absence of a party — functus officio — finality of judgment after appellate determination; High Court cannot reopen matter adjudicated on appeal.
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8 June 2021 |
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Court stayed enforcement of procurement-review remedies pending judicial review due to arguable illegality, possible bias, and reputational risk.
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Administrative law — stay of execution pending judicial review; procurement law — Review Committee remedies; duty of tribunal to give reasons; undeclared interest and apprehension of bias; serious issue to be tried, irreparable harm, balance of convenience.
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8 June 2021 |
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7 June 2021 |
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Court enhanced sentence to 40 years for defilement of a nine‑year‑old by an HIV‑positive, premeditating offender.
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Criminal law — Defilement — Sentencing on confirmation — Whether ten years was unduly lenient for defilement of a nine‑year‑old — Aggravating factors: victim age, HIV‑positive offender, premeditation, threats and bribery — Movement from 14‑year to higher baseline starting point.
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7 June 2021 |
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Assessment of damages for fractured tibia: non-pecuniary award and modest special damages for reports.
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Personal injury — assessment of damages — fracture of tibia with permanent scarring — pain and suffering, loss of amenities, disfigurement — special damages must be proved; reasonable compensation where proof lacking — reliance on comparable awards.
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4 June 2021 |
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Court quashed unlawful Electoral Commission appointments for breaching statutory nomination limits and ordered prompt re‑nomination.
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Electoral law — Nomination and appointment of Electoral Commission commissioners — Interpretation and enforcement of section 4 of the Electoral Commission (Amendment) Act — Validity of appointments where a party exceeds statutory nominee limit — Locus standi of political party to challenge appointments — Waiver and acquiescence not applicable to constitutional/political rights.
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2 June 2021 |
| May 2021 |
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Assessment of damages for amputation injuries, loss of earning capacity calculation, and insurer's policy limit on costs.
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Personal injury — below‑knee amputation — assessment of general damages (pain and suffering, loss of amenities, disfigurement); loss of earning capacity where earnings unproven — use of minimum wage and appropriate multiplier; insurer policy limits and whether party‑and‑party costs are included — governed by express policy wording.
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31 May 2021 |
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Assessment awarded K4,750,000 for a minor’s road accident injuries; special damages denied for lack of proof.
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Personal injury — assessment of damages for a minor — pain and suffering, loss of amenities, disfigurement/incapacitation — requirement of proof for special damages — use of comparable awards and adjustment for currency devaluation.
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28 May 2021 |
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Court authorized kinship adoption after finding statutory requirements met and imposed yearly school-reporting for the child’s welfare.
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Adoption law — Adoption of Children Act requirements — parental consent — residency — guardian ad litem report — kinship adoption — court-imposed post-adoption reporting condition.
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25 May 2021 |
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General denials and inconsistent explanations do not justify setting aside a timely default judgment.
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Civil procedure — Default judgment — Setting aside under Order 12 Rule 21 — timely application insufficient without reasonable cause and meritorious defence — general denials and inconsistent explanations inadequate — stay of assessment refused; defence struck out; costs awarded.
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25 May 2021 |
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Court continued interlocutory injunction to preserve disputed land status where ownership is triable and damages inadequate.
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Interlocutory injunctions — American Cyanamid test — serious question to be tried; adequacy of damages; balance of convenience; ex parte orders and alleged suppression of material facts; procedural requirements for interlocutory applications under Order 10 of the High Court (Civil Procedure) Rules; preservation of status quo in disputed land ownership.
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25 May 2021 |
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Whether employees of a state-owned company incorporated under Companies Act are public officers under anti-corruption laws.
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Company law — State-owned company (Companies Act s.26) — public body status; Public law — definition of public officer under Corrupt Practices Act and Penal Code; applicability of Public Procurement Act and public-officers asset-declaration obligations; preliminary objection to charges dismissed.
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25 May 2021 |
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Court granted leave to judicially review COVID-19 restrictions but dismissed interlocutory injunction for procedural non-compliance.
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Administrative law — judicial review — leave to apply where public-health measures affect rights; procedural requirements for interlocutory injunctions; ultra vires and parliamentary oversight of public health rules.
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25 May 2021 |
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Claimant hit by vehicle awarded K7.5m for pain, suffering, loss of amenities and disfigurement.
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Personal injury — Assessment of damages — Heads: pain and suffering, loss of amenities, disfigurement — Quantum by comparison with authorities — Evidentiary gaps do not necessarily defeat award — Liability settled by consent.
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24 May 2021 |
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Court dismissed defendant’s strike-out application, finding contractual claim not plainly displaced by the Public Roads Act and not frivolous.
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Civil procedure — strike-out for frivolous/vexatious or abuse of process — inherent jurisdiction; Public Roads Act — statutory compensation procedure and contractor powers; section 21(1) immunity and section 21(2) preservation for negligence; contractual claim versus statutory remedy.
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24 May 2021 |
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24 May 2021 |
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Leave for judicial review granted of public body's change to tobacco transport allocation; injunction dismissed for procedural defects.
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Administrative law — Judicial review of public body decision on tobacco transport allocations — Legitimate expectation and procedural fairness — Timeliness and sufficient interest — No alternative statutory remedy — Interlocutory injunction dismissed for procedural non-compliance.
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21 May 2021 |
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Leave for judicial review granted against transport policy; interlocutory injunction dismissed for procedural defect.
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Administrative law — Judicial review of public body's transport policy — Decision of 23 March 2021 reviewable; leave granted; no mandatory alternative remedy; interlocutory injunction dismissed for procedural noncompliance.
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21 May 2021 |
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False imprisonment and loss-of-income claims dismissed for lack of proof that the employer procured the arrest.
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False imprisonment — whether detention was procured by employer or resulted from independent police investigation; employer’s reporting versus procuring arrest; proof on balance of probabilities for civil damages; entitlement to loss of income; costs in court’s discretion.
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20 May 2021 |
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Criminal court dismisses accused's attempts to nullify proceedings, recuse the judge, or obtain a permanent stay for delay.
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Judicial tenure/extension — jurisdiction to review — criminal trial not appropriate forum; recusal — fair‑minded and informed observer test; case management and delay — not proof of bias; permanent stay refused.
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20 May 2021 |
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18 May 2021 |
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18 May 2021 |
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18 May 2021 |
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Whether a confirming court should enhance a 36‑month sentence for robbery with violence given mitigating factors and comparative sentencing trends.
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Criminal law — Confirmation of sentence — Robbery with violence — Sentencing discretion — Mitigating factors (first offender, youth, no weapon, compensation) — Sentencing range 5–10 years — Comparative authorities considered.
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18 May 2021 |
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Whether the applicant is a bona fide purchaser and whether the prior consent order remains valid and triable without a full hearing.
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Civil procedure — originating summons — procedural noncompliance under new rules (defence, summary judgment/mediation, trial) — triable issues require hearing; Property law — bona fide purchaser for value without notice; Consent orders — binding as judgments; to set aside require fresh action or proper legal cause (fraud/mistake/misrepresentation); Contempt allegation cannot be determined without full hearing.
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13 May 2021 |
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12 May 2021 |
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Court maintained 100% care and conduct, reduced instruction fees, and excluded in-house counsel from personally receiving taxed costs.
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Costs assessment — care and conduct (100%) — instruction fee reduced to K8,000,000 per counsel — in-house counsel not entitled to receive taxed costs personally — distribution of taxed bill left to parties — objections to specific line items dismissed.
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12 May 2021 |
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Assessment of damages for deaths and injuries in a road accident; special damages denied for lack of proof.
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Personal injury—assessment of damages; loss of expectation of life; loss of companionship; pain and suffering; loss of amenities; disfigurement; special damages require strict pleading and proof; use of comparative awards and adjustment for currency devaluation.
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10 May 2021 |
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Court awarded K5,000,000 in damages for personal injuries, denying unproven special damages and granting leave to appeal.
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Personal injury — assessment of damages — pain and suffering, loss of amenities, disfigurement — loss of earnings and earning capacity where pre-accident income unproven — special damages require strict proof — use of comparable awards and adjustment for currency devaluation.
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7 May 2021 |
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Assessment awarded K7,750,000 for claimant’s amputation injuries covering pain, amenities, disfigurement, and lost earning capacity.
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Personal injury — assessment of damages — pain and suffering; loss of amenities; disfigurement; loss of earning capacity where claimant is self‑employed without documented earnings; need for proof of special damages; reliance on comparative awards and adjustment for currency value.
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7 May 2021 |
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Court awarded MK65,000,000 for crop losses, trees, loss of use and consequential agronomical damages, with apportioned liability and leave to appeal.
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Assessment of damages — loss of crops and projected profits — business projections admissible but may be discounted for contingencies; Loss of trees and seedlings — proof by oral and corroborative evidence; General damages for deprivation of use — discretionary award; Consequential damages — annual accrual until return of possession; Allocation of liability — erroneous lease by Attorney General.
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7 May 2021 |
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Assessment awarded K65,000,000 for lost crops, lost use of land and ongoing agronomical damages, with leave to appeal.
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Assessment of damages — proof and quantification of loss of commercial crops and projected income; valuation of lost trees and seedlings; general damages for deprivation of land use; consequential agronomical damages accruing annually; costs and leave to appeal.
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7 May 2021 |
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Assessment of damages for destroyed crops and land, annual consequential damages, and State liability for erroneous lease.
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Assessment of damages — loss of crops and projected profits — distinction between general and special damages — requirement of proof for special damages — discounting speculative projections for contingencies — loss of use awards — State liability for erroneous lease issuance — consequential damages accruing annually until possession restored.
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7 May 2021 |
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Assessment of damages for road‑traffic personal injuries: awards for pain, loss of amenities and disfigurement; no special damages proved.
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Motor vehicle accident — Assessment of damages — General damages (pain and suffering) — Loss of amenities of life — Disfigurement — Special damages not proved — Use of comparable awards and adjustment for currency devaluation.
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7 May 2021 |
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Court awarded K4,000,000 to the claimant for personal injuries, denying unproven special damages.
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Assessment of damages; personal injury—pain and suffering; loss of amenities of life; special damages—proof required; use of comparable awards and adjustment for currency devaluation.
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7 May 2021 |
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Assessment of damages against the respondent for medical negligence causing the applicant’s newborn’s death.
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Medical negligence — Assessment of damages for death of newborn — Pain and suffering; loss of expectation of life; reimbursement of proven medical and incidental expenses; use of comparable awards and currency value in quantum assessment; unopposed evidence and expert opinion.
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7 May 2021 |
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Court taxed applicants’ bill, awarding care and conduct at 70% applied to the total, totalling MWK17,133,187.50.
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Civil procedure — assessment of costs — care and conduct allowance — appropriate percentage (70%) and application to total bill; taxation of party-and-party costs; application of prescribed hourly rate (K40,000).
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7 May 2021 |