Results.
10 judgments found.
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| February 2023 |
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Continuation of an interim injunction pending judicial review of alleged unlawful and abusive tax enforcement by the revenue authority.
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Judicial review — tax enforcement — interim injunction — serious question to be tried — adequacy of damages — balance of convenience — unclean hands — status quo ante.
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21 February 2023 |
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Magistrates’ courts lack inherent jurisdiction to stay and refer constitutional questions; bail refused for insufficient supporting information.
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Bail — evidential burden on applicant; consideration of risk to witnesses post-investigation; seriousness of offence as factor in bail; magistrates' courts lack inherent jurisdiction to stay criminal proceedings or refer matters for constitutional certification; entrapment/agent provocateur claim was not a basis for referral in magistrates' court.
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21 February 2023 |
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Magistrate courts lack inherent jurisdiction to stay proceedings for constitutional certification; bail refusal upheld due to insufficient applicant evidence.
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Criminal procedure — Bail — accused's evidential burden to raise facts for release; consideration of likelihood of witness interference and seriousness of offence — Magistrate courts' jurisdiction — lack of inherent jurisdiction to stay proceedings or refer matters for constitutional certification — Referral for certification — agent provocateur/entrapment allegation.
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21 February 2023 |
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Court awarded MK5,000,000 as total damages for loss of expectation of life and dependency, limited by the defendant's agreed cap.
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Motor‑vehicle accident — assessment of damages — loss of expectation of life; loss of dependency — multiplier/multiplicand approach — conventional awards for expectation of life — default judgment and agreed cap on defendant’s liability (MK5,000,000.00).
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20 February 2023 |
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Permission to seek judicial review of ACB production notices dismissed for failing to disclose an arguable case; jurisdiction confirmed.
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Financial Crimes Division jurisdiction; judicial review (permission stage); notices to produce under Corrupt Practices Act s.11(1)(c); specificity of investigative notices; suppression of material facts; investigatory delay and abuse of process; Wednesbury unreasonableness.
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14 February 2023 |
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A statutory Law Society may seek judicial review of public‑law decisions affecting the Anti‑Corruption Bureau; review is not barred by section 61 Courts Act.
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Judicial review — jurisdiction to review magistrates' decisions — section 61 Courts Act distinction between suits and judicial review — locus standi of statutory Law Society to protect public interest — alternative remedies and exhaustion — interdiction as public law vs. private employment matter — ex parte stay applications and urgency.
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8 February 2023 |
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A guilty plea entered without confirming understanding and absence of an essential element invalidates the conviction.
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Criminal procedure — Plea of guilty — Proviso to s251(2) CP&EC requires court to ascertain accused’s understanding and unqualified admission; Elements of offence — lack of licence or permit is essential for possession of charcoal under s68(3)(a) Forestry Act; Conviction cannot stand where facts do not prove essential element; Retrial discretionary — declined where accused detained lengthy and material evidence may be lost.
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6 February 2023 |
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Claimant failed to exhaust the statutory appeal under section 121 and missed the three-month filing deadline, so judicial review was dismissed.
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Administrative law — Judicial review barred where alternative remedy available under s121 Customs and Excise Act; Special Referee’s jurisdiction covers disputes as to amount of duty (including formula issues) — Requirement to exhaust statutory appeal — Time limit for judicial review (3 months) — Post-decision discussions do not extend limitation period.
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6 February 2023 |
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Stay of execution denied where applicant failed to prove respondent’s impecuniosity and appeal prospects were not decisive.
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Civil procedure — Stay of execution pending appeal — Discretionary relief — Prospects of success on appeal not decisive — Applicant must prove respondent’s impecuniosity — Balance of injustice test.
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1 February 2023 |
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Court refused to hear bail application and directed counsel to file it before the judge presiding over the advanced-stage trial.
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Criminal procedure — Bail pending trial — Court declined to entertain bail application because substantive trial at advanced stage before judge seized of matter — Application to be filed with trial judge for proper case management.
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1 February 2023 |