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Citation
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Judgment date
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| 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 |