Results.
239 judgments found.
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| December 2022 |
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Convictions quashed where prosecution relied on uncorroborated accomplice evidence and improperly authenticated call‑logs.
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Criminal law — Dangerous drugs (possession and attempted export) — accomplice evidence and requirement for corroboration — admissibility of co‑accused caution statements as witness evidence under s.175 — computer‑generated call logs and witness competence/authentication.
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23 December 2022 |
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9 December 2022 |
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Court confirmed defilement conviction and increased sentence to 40 years due to breach of trust, threats, and HIV transmission.
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Criminal law — Defilement: elements and proof; identification evidence; medical corroboration not essential but supportive; sentencing — aggravating factors (breach of trust, threats, HIV transmission) justify substantial enhancement.
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6 December 2022 |
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Conviction for defilement upheld and sentence enhanced to 40 years due to serious aggravating factors.
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Criminal law — Defilement (s.138(1) Penal Code) — sufficiency of evidence and corroboration of child’s testimony — medical evidence not indispensable — sentencing enhancement — aggravating factors (young victim, planning, force, psychological harm) outweighing first‑offender mitigation.
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6 December 2022 |
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Court confirmed robbery convictions, upheld identification evidence, and enhanced custodial sentence to concurrent terms.
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Robbery — identification evidence — Turnbull guidelines — confirmation of conviction — sentencing: aggravating factors (mask, group, violence, planning) outweighing youth and first-offender mitigation — sentence enhancement to concurrent terms.
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6 December 2022 |
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Non‑therapeutic circumcisions of minors without valid parental/guardian consent constituted battery, breach of duty and violated bodily integrity.
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2 December 2022 |
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Proceedings were prejudiced by magistrate conduct amounting to bias and re‑victimization, requiring retrial, victim support and disciplinary/systemic reforms.
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Criminal procedure — judicial conduct and impartiality — secondary victimization in sexual‑offence trials — gender stereotyping — retrial ordered; referral to Judicial Service Commission; victim support ordered.
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1 December 2022 |
| November 2022 |
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Court granted injunctions, demolition and damages where defendant’s predecessor unlawfully encroached public road and claimant’s land.
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Property law — Encroachment on road reserve and adjoining private land — locus standi to sue where private injury shown — public land not susceptible to acquisition by prescription — mandatory and prohibitory injunctions and damages awarded.
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30 November 2022 |
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Prosecution evidence was insufficient and unreliable to require the accused to enter a defence; accused acquitted.
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Criminal law — no-case-to-answer — sufficiency of prosecution evidence — hearsay and inconsistent witness testimony — unmarked exhibits — failure to establish circumstantial link to crime.
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16 November 2022 |
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Court dismissed application to re-enter an appeal; dismissal for non-appearance cannot be revived and no sufficient cause was shown.
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Civil procedure — dismissal for non-appearance — Order III r.21(2) — re-entry of appeal — sufficiency of cause — inherent jurisdiction — functus officio — delay and lack of diligence.
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10 November 2022 |
| October 2022 |
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Court held instruction fee payable once proceedings commenced, reduced fee and ordered revised costs payable within 14 days.
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Costs — Instruction fee — Order 31 Rule 10 — Entitlement to instruction fee once proceedings commence in High Court even if no trial — Court's discretion to reduce quantum of fee.
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30 October 2022 |
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Court granted extension to file for judicial review, finding no prejudice or inordinate delay, deferring statutory time‑bar issues to substantive hearing.
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Civil procedure — extension of time to seek judicial review — discretionary power under Order 19 r.20(6) — considerations: prejudice to respondent/public, detriment to good administration, and reasonableness of delay; Tax law — limitation/sunset clause (s.125 Taxation Act) raised but not decided at extension stage.
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24 October 2022 |
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Court awarded 10% of the judgment plus assessed disbursements, refusing refresher fees for lack of evidence of three‑hour sittings.
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Costs — assessment under Subordinate Court Rules Order XXX r 2 and Second Schedule — 10% of judgment debt awarded — refresher fees require continuous court seating of three hours or more and proof — additional heads allowed: attendance, service, disbursements, secretarial, stationery — total assessed MK3,772,260.76.
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12 October 2022 |
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Assessment of quantum for unfair dismissal: salary base, mitigation, pension and severance, with a 50% devaluation uplift.
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Labour law — assessment of damages for unfair dismissal — appropriate salary base (statutory salary vs overtime) — mitigation of loss — entitlement to statutory employer pension contributions — severance pay calculation — adjustment for currency devaluation — inadmissibility of unpleaded heads of damage.
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10 October 2022 |
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Assessment of compensation for unfair dismissal, applying mitigation, statutory minima and accepting uncontroverted applicant evidence.
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Employment law — unfair dismissal — assessment of compensation — Section 63(4) & (5) Employment Act — mitigation of loss — severance pay — notice pay — withheld wages — effect of failure to call witnesses.
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4 October 2022 |
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Whether the respondent is liable to maintain the children and the appropriate financial and material maintenance order.
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Child maintenance — liability to maintain children — assessment under Child Care Protection and Justice Act s.10 — orders for monetary upkeep, school fees, clothing, medical bills, rent contribution, vehicle provision — duration sv. s.15/s.16 — best interests of the child.
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4 October 2022 |
| September 2022 |
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Appellants' convictions for unlawful wounding upheld, but 18‑month custodial sentences set aside and immediate release ordered as excessive.
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Criminal law — Unlawful wounding (s.241(a)) — proof beyond reasonable doubt — eyewitness credibility; Sentencing — first offenders, ss.339–340 CPE Code — discretion to not suspend; Excessive sentence — appellate reduction and immediate release.
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22 September 2022 |
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High Court stayed its proceedings where concurrent subordinate-court action remained unresolved because costs were not agreed, assessed or paid.
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Civil procedure — abuse of court process — concurrent proceedings in different courts — withdrawal of subordinate-court action does not conclude proceedings until costs are agreed/assessed/paid — High Court’s inherent jurisdiction to stay proceedings.
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19 September 2022 |
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Joinder of an insurer after the two‑year RTA limitation is time‑barred; insurer ordered to pay costs for raising the objection late.
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Road Traffic Act s148 — Limitation of direct claims against insurers to two years; s148(1)(c) preserves only proceedings actually commenced against insurer within two years; late joinder of insurer time‑barred; mistake in insurer identity does not extend limitation period; discretion to award costs against successful but unreasonably late objector.
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16 September 2022 |
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Claim dismissed with costs where claimant’s eyewitness evidence was discredited and police report was inadmissible hearsay.
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Road traffic negligence — duty of care of driver — requirement to prove negligence on balance of probabilities; amendment of pleadings under Order 7 r 23(1); hearsay inadmissibility of police report under Order 17 r 55; evidentiary weight of discredited eyewitness testimony.
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16 September 2022 |
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Employer liable for negligence and for breaching statutory duty by failing to provide a safe system of work; damages awarded.
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Employer liability — negligence and breach of statutory duties (Occupational Safety, Health and Welfare Act: ss.13, 64) — safe system of work — mechanical appliances — res ipsa loquitur inapplicable — pleading particulars and PPE claims.
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16 September 2022 |
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Unmarked roadworks obstruction caused injury; defendant 75% liable, claimant 25% contributorily negligent.
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Negligence — roadworks obstruction — duty to warn road users of obstructions — adequacy and persistence of warning measures; contributory negligence for cycling at night without illumination; apportionment of liability; res ipsa loquitur inapplicable.
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16 September 2022 |
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Ex parte interlocutory injunction discharged for likely suppression of material facts; balance of convenience favors the respondent.
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Land law — interlocutory (ex parte) injunction — duty of full and frank disclosure — suppression of material facts — serious question to be tried — balance of convenience — enforcement notice and alleged unauthorised development under Physical Planning Act.
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13 September 2022 |
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Court reversed refusal to forfeit tainted timber, holding forfeiture discretionary, remedial, and not double punishment.
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Criminal law — Forest Act s.68, s.74 — Forfeiture of tainted property — "May" denotes judicial discretion — Forfeiture remedial not punitive — Forfeiture may extend to foreign-sourced produce — Third‑party property requires hearing.
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12 September 2022 |
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Assessment of damages for negligent medical care causing leg amputation—awards for pain, loss of amenities, and disfigurement, special damages denied.
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Damages assessment — medical negligence — amputation — awards for pain and suffering, loss of amenities, disfigurement — refusal of special damages for lack of strict proof — use of comparative awards and inflation adjustments.
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11 September 2022 |
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Application to set aside default judgment dismissed for inordinate delay and lack of a bona fide meritorious defence.
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Civil procedure — Setting aside default judgment — Order 12 r 21 CPR 2017 — requirement of reasonable cause and meritorious defence — promptness and inordinate delay — vacatur of stay of execution.
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5 September 2022 |
| August 2022 |
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A driver’s unsafe left overtaking and failure to stop found negligent; insurer liable, registered owner not.
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Negligence — duty of care of drivers — failure to keep proper lookout and unsafe overtaking (left) — standard of proof on balance of probabilities; Motor vehicle collisions — liability of driver and insurer; Evidentiary weight of police/traffic officer reports; Owner liability not established.
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30 August 2022 |
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Conviction for trafficking quashed where prosecution failed to prove prohibited means and purpose of exploitation.
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Criminal law — Trafficking in persons — Elements: action (e.g. transporting), proscribed means (force, fraud, abuse, payment to obtain consent, etc.) and purpose (exploitation); burden of proof beyond reasonable doubt; failure to prove means and purpose mandates acquittal; appellate rehearing and error where trial court did not separately consider all elements.
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30 August 2022 |
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Forfeiture of a vehicle requires evidence linking the owner and an opportunity for the owner to be heard.
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Forestry Act s74(1)(f) — forfeiture of vehicle; property rights (Constitution s28) — arbitrary deprivation; presumption of innocence; instrumentality of crime — requirement of direct/systematic use; procedural requirement to hear owner/show cause; appellate setting aside under s353(1)(b) of the Code.
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23 August 2022 |
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Short detention during a march amounted to false imprisonment and a reduced award due to claimant’s provocative conduct.
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Constitutional right to protest — False imprisonment — Assessment of non-pecuniary damages — Duration and aggravation — Mitigation of punitive damages where claimant’s conduct contributed to the harm.
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19 August 2022 |
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16 August 2022 |
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Ex parte permission and stay vacated because claimants lacked locus standi and materially misrepresented their status.
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Judicial review — ex parte permission and interim relief — vacatur for lack of locus standi and material non-disclosure; Refugees Act — refugee status determination and effect of Minister's decision; scope of governmental relocation notice (rural v urban); costs awarded.
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12 August 2022 |
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Court refused review of respondent’s 700MHz cease-and-desist but granted review of related fine and accounting orders.
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Administrative law — Judicial review (permission stage) — arguable case required; Legitimate expectation — temporary licence and notice of competitive reassignment; Spectrum regulation — migration from 700 MHz band 17 to band 28, cease-and-desist, fines and revenue account; Procedural fairness and reasons for administrative action.
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12 August 2022 |
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Court refused review of cease-and-desist order due to temporary licence and prior notice, but allowed review of fine and accounts requirement.
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Administrative law — Judicial review — Permission stage — Legitimate expectation — Temporary licence and competitive reassignment of spectrum — Reasons for administrative action — Interlocutory injunctions — Wednesbury unreasonableness.
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12 August 2022 |
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Employer liable for employee’s burn injuries from sludge due to unsafe system and lack of protective measures.
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Negligence — employer’s duty of care and safe system of work; Occupational Safety, Health and Welfare Act — provision of safety instructions and protective clothing; contributory negligence — not established; failure to call material witnesses; assessment of damages ordered.
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11 August 2022 |
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Award of K3,500,000 for pain, suffering and loss of amenities; no separate disfigurement award; costs to be assessed.
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Personal injury — Assessment of damages — Pain and suffering and loss of amenities — Quantum — Disfigurement — Default judgment — Use of comparable authorities.
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11 August 2022 |
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Plaintiff proved some unpaid invoices but failure to traverse limitation plea rendered older claims statute-barred.
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Civil debt recovery — unpaid invoices — plea of limitation — Order 18 r.13 deemed admissions — acknowledgement of debt and effect on limitation — assessment before Registrar — interest and costs.
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9 August 2022 |
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Court continued injunction restraining purported Leader of Opposition appointment; perjury/suppression allegations dismissed.
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Judicial review/interlocutory injunctions — ex parte relief — duty of full and frank disclosure; Political party internal decisions — justiciability and scope of judicial oversight; Constitutional political rights — right of MPs to participate in party processes; Adequacy of damages — non-pecuniary nature of office; Procedural directions — continuation of interlocutory relief pending trial.
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8 August 2022 |
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Court reduced claimed personal injury damages and awarded K4,000,000 with costs to be assessed if not agreed.
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Personal injury — assessment of general damages — injuries including deep forehead laceration, bruises, deformed/swollen knees and dislocated hip — use of comparable precedents to determine quantum — award reduced from claimed amount to K4,000,000 — costs to be assessed if not agreed.
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5 August 2022 |
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4 August 2022 |
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Court awarded damages for 10‑day false imprisonment, dismissed malicious prosecution, and granted loss of business, defamation, and costs.
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False imprisonment — quantum for loss of liberty, indignity and mental suffering; duration and conditions considered. Malicious prosecution — requires prosecution determined in claimant’s favour, not proved
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Defamation — damages awarded despite limited evidence of reputational harm. Loss of business — discretionary award where financial records absent
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Costs — party-and-party on standard basis following default judgment
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4 August 2022 |
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Conviction for attempted suicide confirmed; custodial sentence set aside under s340(1) in favour of immediate release.
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Criminal law — Sentencing — Attempted suicide — Custodial sentence for first offender — Section 340(1) CPE Code requires recorded good grounds before imprisonment — High Court review powers under Courts Act ss25–26 and CPE Code s362.
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4 August 2022 |
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Assessment of damages for amputation: forearm loss subsumed under pain and suffering and K9,000,000 awarded.
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Personal injury — assessment of damages — loss of limb (forearm) treated as part of pain and suffering/disfigurement — viva-voce evidence sufficient where medical report raises hearsay concerns — application of comparable awards principle.
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1 August 2022 |
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Court awarded K4,000,000 for pain and suffering and loss of amenities; special damages not proved; order against 2nd defendant.
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Personal injury — Assessment of damages — General damages for pain and suffering and loss of amenities — Fracture, shoulder bruises, eye injury — No proof of disfigurement — Special damages not proved — Default judgment; exhaustive assessment.
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1 August 2022 |
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Viva-voce evidence can establish serious injury absent X‑rays; claimant awarded MK7,000,000 inclusive, costs to defendants.
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Personal injury — proof of fracture — viva-voce evidence acceptable where X‑rays absent — hearsay limits on medical reports — assessment of quantum — comparability of awards.
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1 August 2022 |
| July 2022 |
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Cancellation of an industrial rebate without a hearing breached section 43, violated legitimate expectation, and was quashed.
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Administrative law — section 43 Constitution — right to lawful and procedurally fair administrative action — legitimate expectation — right to be heard — cancellation of industrial rebate — customs regulations — Wednesbury unreasonableness — certiorari.
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28 July 2022 |
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Applicants proved entitlement to 18 months' unpaid salaries; court awarded amounts plus a 25% devaluation uplift, payable within 14 days.
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Labour law — assessment of salary arrears after default judgment — burden and standard of proof in assessment proceedings — awarding currency devaluation uplift — proceeding in absentia where service proved.
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25 July 2022 |
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Default judgment set aside despite delay because judgment contained unpleaded monetary and leave awards and alleged improper service.
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Civil procedure — setting aside default judgment — inordinate delay versus irregularity of judgment (unpleaded quantified awards, improper service) — court’s discretion to revoke judgment obtained by procedural failure.
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25 July 2022 |
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The applicant was awarded just and equitable compensation for unfair dismissal, statutory entitlements, and a 25% inflation uplift.
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Employment law — unfair dismissal — assessment of compensation under Section 63(4)–(5) Employment Act — severance, gratuity, overtime, accrued leave, notice pay — burden and standard of proof — mitigation of loss — inflation/currency devaluation uplift.
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25 July 2022 |
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Matters involving alleged loss of customs, tax and VAT revenue belong in the High Court Revenue Division and must be transferred.
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High Court divisions — Revenue Division v Criminal Division — section 6A Courts Act — revenue matters (Customs, Tax, VAT) — transfer of proceedings commenced in wrong Division — judge’s inherent power to transfer — procedural consequences of wrong forum.
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25 July 2022 |