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Citation
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Judgment date
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| December 2022 |
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Convictions quashed where prosecution relied on uncorroborated accomplice evidence and improperly authenticated call‑logs.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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. Defamation — damages awarded despite limited evidence of reputational harm. Loss of business — discretionary award where financial records absent. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |