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Citation
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Judgment date
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| 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 |
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Judicial review refused as premature because claimant failed to exhaust licence/Act dispute remedies (arbitration); injunction dismissed.
Administrative law – judicial review – leave to apply – requirement to exhaust alternative dispute resolution/arbitration under licence and Act – preliminary finding and show‑cause process lawful – injunction denied as consequential remedy.
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25 July 2022 |
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Indiscriminate police 'sweeps', failure to inform arrestees, and coerced guilty pleas breached constitutional fair‑trial and liberty rights.
Criminal procedure – vagrancy/sweeping exercises – arbitrary mass arrest – failure to inform detainees of reasons – coerced guilty pleas – right to fair trial – section 184(1)(b) problematic – mandamus for police guidelines and legislative review.
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22 July 2022 |
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The respondent’s seven-year sentence for armed, violent robbery was increased to fourteen years due to statutory aggravating factors.
Criminal law – Robbery – Sentence – Section 301(2) Penal Code – Aggravating factors: armed with offensive weapon, in company, use of personal violence – Enhancement of sentence – Confirmation of magistrate’s sentence.
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21 July 2022 |
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High Court enhanced a seven‑year robbery sentence to fourteen years due to being armed, in company, and causing injury.
Criminal law – Robbery – Sentence – Aggravating factors: armed with weapon, acting in company, use of personal violence – Enhancement of sentence on confirmation.
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21 July 2022 |
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Claimant awarded MK6,603,000 for wrongful death using multiplicand‑multiplier and minimum wage for dependency.
Personal injury – wrongful death – entitlement of dependents to sue on behalf of estate; loss of expectation of life – modest/conventional awards; loss of dependency – multiplicand and multiplier; use of minimum wage where income unascertained; one‑third deduction for personal expenses; assessment in defendant’s default.
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20 July 2022 |
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Claimant proved pain and loss of amenities from ankle dislocation; MK3,500,000 awarded; other claims denied.
Personal injury — road traffic accident — ankle dislocation; damages — pain and suffering; loss of amenities; disfigurement not proved; loss of earning capacity not proved; quantum by reference to comparable awards.
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20 July 2022 |
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Application to remove insurer as a party dismissed; policy-limit issue held res judicata and requires evidential proof.
Civil procedure – Order 6 Rule 8 – removal of party; Res judicata – prior determination at assessment of costs; Insurance law – policy limit must be proved by evidence (pleading insufficient); Mediation-derived liability order; Late relitigation vs. appeal.
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20 July 2022 |
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Court confirmed concurrent prison terms for premeditated thefts from employer, finding breach of trust and limited mitigation.
Criminal law – Breaking into a building and committing felony – Sentencing – aggravating factors (premeditation, damage, breach of trust, value of stolen property) – mitigating factors (youth, first offender, recovery of property) – confirmation of concurrent custodial sentences.
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19 July 2022 |
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Summary judgment refused because triable issues exist on contract formation and statutory exclusivity over land compensation.
Civil procedure – summary judgment – Order 12/Rule 26 CPR 17 – refusal where triable issues exist; Contract formation – signed agreement versus contract by conduct; Land Acquisition and Compensation Act s.9 – exclusive ministerial power over land acquisition and compensation; Document reliance – pleading requirements (Order 5 CPR 17).
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18 July 2022 |
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High Court confirmed unlawful wounding conviction and two‑year sentence despite defective plea‑taking, finding no prejudice to the accused.
Criminal procedure — Plea of guilt — adequacy of plea-taking and requirement to elicit lawful‑excuse element; conflicting caution statement versus prosecution facts; unlawful wounding — assessment of safety of conviction; sentencing — mitigation and confirmation of two‑year term.
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18 July 2022 |
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Permission for judicial review was refused where the claimant relied on unsubstantiated assertions about appointment practice, delay and discrimination.
Judicial review — appointment (not promotion) to Supreme Court of Appeal — distinction between appointment and promotion — permission stage requires arguable case and evidence — procedural fairness — Wednesbury unreasonableness — allegations of discrimination (sex, age, regional origin) must be substantiated.
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15 July 2022 |
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Permission for judicial review refused where applicant failed to establish an arguable, evidenced case of unlawful appointment or discrimination.
Judicial review — permission to apply; Appointment to the Supreme Court of Appeal (not promotion) — constitutional procedure; Alleged seniority practice — evidential requirement; Reasonableness/Wednesbury review of delay; Lawful consideration of gender balance and retirement/age; Need for arguable case to proceed to full hearing.
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15 July 2022 |
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Bail denied where accused’s foreign domicile and flight risk outweighed a breach of pre-trial custody limits; expedited trial ordered.
Bail – right under section 42(2)(e) – qualified by interests of justice; State’s burden to show flight risk on balance of probabilities – pre-trial custody limits (s.161) breach not automatic ground for release – expedited trial ordered.
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13 July 2022 |
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Divorce granted for cruelty (denial of conjugal rights); adultery unproven; custody to mother; maintenance and property orders made.
Choice of law – MDFRA v
Divorce Act; Jurisdiction – domicile and subject matter; Matrimonial grounds – desertion, cruelty (denial of conjugal rights) and adultery; Evidence – hearsay and authentication of electronic messages; Child welfare – custody and access; Maintenance and property division; Damages for adultery and statutory gender discrimination; Costs in matrimonial proceedings
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8 July 2022 |
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Decree nisi granted for cruelty (denial of conjugal rights); adultery not proved; Divorce Act applied to pre‑MDFRA marriage.
Statutory interpretation – MDFRA s.3 and s.114(6) – retrospectivity; Divorce Act governs pre‑MDFRA marriages; matrimonial relief – desertion, cruelty (denial of conjugal rights), adultery (insufficient hearsay/technical evidence); custody, maintenance and property distribution; damages for adultery; costs.
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8 July 2022 |
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Whether defendants are liable for private-ward charges before insurer approval when transfer occurred without their proven consent.
Hospital billing; private-ward accommodation; insurer approval; burden of proof on balance of probabilities; unsigned room-request form; inadmissible hearsay; unilateral variation of contract; admission agreement not binding for unagreed extra charges.
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8 July 2022 |
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Permission for judicial review refused where licence revocation for non-payment eliminated any legitimate expectation of renewal.
Judicial review — permission stage — arguable case required — licensing — licence revocation for non-payment — legitimate expectation — duty to communicate decision — interim relief
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8 July 2022 |
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High Court held it cannot re-open IRC factual findings and upheld summary dismissal for unexplained stock shortage.
Labour law – Appeal from Industrial Relations Court – High Court jurisdiction limited to questions of law or jurisdiction (s65 Labour Relations Act) – Findings of fact by IRC final and binding – Summary dismissal for unexplained stock shortage – Claim of subsequent overage not proved.
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7 July 2022 |
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Default judgment set aside where defendant showed reasonable delay explanation and a potentially meritorious defence disputing employment.
Civil procedure — Setting aside default judgment — Order 12 Rule 21 CPR 17 — reasonable explanation for delay (insured documents misplaced) — meritorious defence (dispute over employment and occurrence of accident) — interest of justice — costs awarded to claimant to date.
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6 July 2022 |
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Interlocutory mandatory injunction discharged where claimant failed to show a serious triable issue and sought final relief prematurely.
Land law — Interlocutory relief — Requirement of a serious question to be tried — Interim mandatory injunctions exceptional — Quashing administrative allocation inappropriate at interlocutory stage.
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1 July 2022 |