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Citation
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Judgment date
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| March 2023 |
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The claimant failed to prove serious long‑term injuries; court awarded MK900,000 for soft tissue injuries and MK750,000 costs.
Assessment of damages — Admissibility and weight of medical reports not prepared by the treating clinician — Quantum for soft tissue injuries — Requirement of credible evidence for claims of long‑term disability and loss of amenities — Costs on assessment.
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31 March 2023 |
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Default judgment set aside because a triable issue exists over premature commencement under Section 4; defendant ordered to file defence.
Civil procedure — Setting aside default judgment — Order 12 rule 21 CPR 2017; Statutory notice — Section 4 Civil Procedure (Suits by or against Government and Public Officers) Act — premature commencement; Riot Damages Act — discretionary ministerial power; Interests of justice; Triable issues.
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31 March 2023 |
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The applicants recovered damages only for false imprisonment; unpleaded and unproven heads were dismissed, award K1.5M each.
Constitutional/Delict — False imprisonment — Assessment of damages limited to pleaded relief — Evidential burden for special damages — Duration (20 hours) and circumstances relevant to quantum — Award K1,500,000 per claimant — Costs to be agreed or taxed.
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28 March 2023 |
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Magistrate must expressly assess and record that delay or expense would be unreasonable before refusing recall of witnesses under section 165.
Criminal procedure – section 165 CP&EC – recall of witnesses when trial continued by succeeding magistrate – qualified right to request recall – magistrate must expressly find that delay or expense would be unreasonable before refusing – failure to make required finding renders decision reviewable.
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24 March 2023 |
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Whether reliance on a Ministerial Budget Statement to calculate excise tax is lawfully reviewable and whether a Special Referee appeal was available.
Judicial review — Amenability where lawfulness/illegality alleged — Ministerial Budget Statement as basis for excise tax; legitimate expectation; alternative remedy — Special Referee jurisdiction under s121 Customs and Excise Act; interim injunction — adequacy of damages.
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22 March 2023 |
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Aggravating factors (premeditation, abuse of trust, pregnancy, HIV risk) outweighed mitigation; long concurrent custodial sentences imposed.
Criminal law — Sentencing for sexual offences — Defilement, rape and indecent practices — Abuse of trust, premeditation, victim pregnancy and miscarriage, HIV risk — First offender status and age not determinative — Concurrent long custodial sentences.
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8 March 2023 |
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Court imposed a lengthy custodial sentence for defilement, rape and indecent practices due to premeditation, abuse of trust and serious victim harm.
Criminal law — Sentencing — Defilement, rape and indecent practices in presence of a child — Aggravating factors: premeditation, abuse of trust, victim pregnancy and miscarriage, HIV‑positive assailant, sexual act in presence of a child — Upward sentencing trend for sexual offences — Custodial sentence imposed (concurrent terms).
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8 March 2023 |
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Court set aside a default judgment to determine contested estate issues on the merits; claimant ordered to pay costs.
Civil procedure – setting aside default judgment – service and content of summons (Order 5) – default judgment provisions (Order 12 r6 & r21) – reasonable cause and meritorious defence – discretion in interests of justice – deceased estates (Deceased Estate (Wills, Inheritance and Protection) Act ss.17,187).
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6 March 2023 |
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6 March 2023 |