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Citation
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Judgment date
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| July 2023 |
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Seasonal cultivation without exclusive possession and intention does not establish adverse possession to defeat earlier registered title.
Adverse possession — Registered Land Act s.134(1) — elements: factual possession and intention to possess — seasonal cultivation insufficient — failure to register adverse possession — variation of default judgment and rectification of land registry.
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13 July 2023 |
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Claim struck out for inordinate delay and abuse of process; defective sworn statement curable but did not avert strike-out.
Civil procedure — Want of prosecution — Strike out under Order 12 r56 — Court’s discretion and prejudice — Sworn statements: commissioning and service requirements (Order 18) — Abuse of process — Urgency in commercial matters.
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13 July 2023 |
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Whether a prosecution under the Corrupt Practices Act is ‘instituted’ on arrest/charging or only when the accused is called to answer the charge.
Criminal procedure – Corrupt Practices Act – requirement of DPP written consent to institute prosecutions – meaning of ‘instituted’ (arrest/charging/remand v. being called to answer/plead) – repeal of consent requirement and retrospectivity – General Interpretation Act s.14.
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11 July 2023 |
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Whether late service of a charge-sheet and pre-plea disclosure obligations justify adjournment and set timelines for evidence disclosure.
Criminal procedure — service of charge sheet; section 151(1) CP&EC — pre-plea disclosure of evidential material; fair trial and equality of arms; right to legal representation; adjournment and timelines.
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3 July 2023 |
| June 2023 |
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Court varied ex parte injunction: no suppression found, serious issue to be tried on enforceability of teaming agreement; partial implementation permitted.
Interlocutory injunctions – ex parte disclosure – alleged suppression of material facts – enforceability of teaming agreements – adequacy of damages – variation of injunction to permit partial project implementation.
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23 June 2023 |
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Court varied ex parte injunction: allowed limited project start but restrained defendant from using $400,000 or implementing claimant’s component pending resolution.
Contract/NGO funding – Teaming Agreement and enforceability – interlocutory injunction – ex parte disclosure duties – adequacy of damages – balancing public interest in service delivery vs contractual rights.
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23 June 2023 |
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Unchallenged valuation awarded as market value; limited special damages proved but K10,000,000 general damages awarded for delay.
Land law – assessment of damages – unchallenged expert valuation adopted as market value – breach of contract damages – claimant must prove consequential loss; general damages awarded for delay/inconvenience – costs to claimant.
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23 June 2023 |
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22 June 2023 |
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Where charged offences are not gazetted as exceptions, the High Court must try the accused by jury.
Criminal procedure – Trial by jury under s.294(1) Criminal Procedure and Evidence Code – Minister’s power under s.294(2) to Gazette exceptions – Criminal Procedure (Trials Without Jury) Order – offences not listed require jury trial.
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22 June 2023 |
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The applicant, a statutory public housing corporation, is protected by Order 34 Rule 4 from seizure and sale; enforcement suspended.
Civil procedure – suspension of execution – stay of enforcement; Public institution immunity – Order 34 Rule 4 – seizure and sale orders; Statutory corporations – government entity status and representation by Attorney General; Enforcement against public bodies – alternative procedures.
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16 June 2023 |
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Applicant with cannabis-triggered violent episodes granted bail subject to strict conditions and a mandatory mental-health treatment plan.
Bail — right to bail not absolute — interests of justice and Bail Guidelines — delay in prosecution and unlawful remand — substance-induced psychiatric risk — bail conditional on mental-health outpatient plan and strict security measures.
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15 June 2023 |
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An application to stay a statutory demand was dismissed as incompetent; a statutory demand is not an Order 28 enforcement order.
Civil procedure – Stay of execution – Suspension of enforcement of costs order – Statutory demand under Insolvency Act not an enforcement order under Order 28 – Competency of application – Registrar’s jurisdiction under Order 25 Rule 1 – Delegated decisions as High Court decisions – Res judicata – Inherent jurisdiction
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13 June 2023 |
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Whether a bank’s wrongful caution caused the claimant’s sale loss and whether the claimant must repay funds received without consideration.
Registered Land Act – cautions (ss.126–130) – wrongful lodgement of caution – unregistrable interest and requirement to have advanced money; Tort/Equity – damages for wrongful caution causing rescission of sale; Contract/Property – purchaser’s right to rescind upon discovering a caution; Restitution – action for money had and received; Defence of change of position; Burden and standard of proof (balance of probabilities).
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13 June 2023 |
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Wrongful caution on land led to claimant’s damages; bank recovers MK5.95 million received by claimant.
Registered Land Act – cautions (s.126–130) – wrongful lodgement of caution – unregistrable interest – requirement for bank to have advanced money on current account – remedies under s.130; Civil restitution – money had and received – receipt of bank funds without consideration entitling recovery; rescission of sale due to registered caution and consequential damages.
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13 June 2023 |
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Court dismissed challenge to anti-corruption investigation, finding allegations speculative and judicial review unjustified.
Administrative law – judicial review of investigative/prosecutorial actions; locus standi; prosecutorial discretion; ACB cooperation with foreign agencies (NCA); admissibility of allegedly illegally obtained evidence; limits of DPP/Attorney General supervision over ACB; arrest versus summons; availability of alternative remedies.
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5 June 2023 |
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Application for judicial review to quash ACB investigation and prosecution dismissed for lack of factual basis and alternative remedies.
Judicial review — prosecutorial and investigative decisions — locus standi — timeliness — cooperation with foreign agencies (NCA) — admissibility of illegally obtained evidence (discretionary) — scope of DPP/Attorney General supervision — arrest v summons — exceptional nature of quashing investigations.
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5 June 2023 |
| May 2023 |
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Registrar may assess interest despite defendant's 'without prejudice' dollar-pegging claim; claimant awarded costs and assessment set down.
Civil procedure — Assessment of interest — Admissibility of 'without prejudice' communications — Registrar's jurisdiction under Order 25 Rule 1 to determine whether issue is contentious — Costs discretion under Order 31 Rule 3.
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30 May 2023 |
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Court consolidated two related suits over one loan offer, finding consolidation appropriate where borrower admitted default and issues are identical.
Commercial law – loan facilities contained in one offer – borrower default and lender's right to recall – injunctions as stopgap measures – consolidation of related proceedings to avoid abuse of process – sale of secured property and notice requirements – Loans Recovery Act applications where borrower admits default.
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25 May 2023 |
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Court refused to strike out claim for misnaming, ordered amendment of defendant's name and directed assessment of damages.
Civil procedure — Misnaming of party — Amendment of party name under Order 1 Rule 5 — Default judgment — Strike-out after judgment inappropriate; set-aside is proper remedy.
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22 May 2023 |
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19 May 2023 |
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19 May 2023 |
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16 May 2023 |
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Employer breached statutory duty to guard dangerous machinery causing amputation; dismissal was unfair and claimant reinstated, damages to be assessed.
Occupational safety – Employer’s duty to fence or guard dangerous machinery – breach of s35 OSHWA establishing negligence; Contributory negligence – standard adapted to noisy, repetitive factory work – defence rejected; Causation – lack of guarding caused amputation; Employment law – burden on employer to prove redundancy under Employment Act s61 – dismissal unfair; Reporting obligations – failure to notify Director and Workers Compensation Trustee under OSHWA and Workers Compensation Act.
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12 May 2023 |
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Court entered judgment for the claimant on admitted loan liability and awarded costs; interest and costs to be assessed if not agreed.
Commercial law – loan default – admission of liability – judgment on liability despite disputed quantum – consent/agreed order inconsistent with court directions – assessment/taxation of interest and costs – enforcement of security/power of sale.
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10 May 2023 |
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Policy forcing Rastafarian children to cut dreadlocks for school admission violates rights to religion, education and equality.
Constitutional law – freedom of religion – manifestation by hair (dreadlocks) – right to education – equality and non‑discrimination – administrative law – policy (written or unwritten) amenable to review – Wednesbury irrationality and proportionality – reasonable accommodation – remedies: declarations, certiorari, mandamus, costs.
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8 May 2023 |
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Overtime claims require employee proof; unreasoned lump-sum awards for unfair dismissal must be set aside and reviewed.
Labour law — Unfair dismissal — Procedural fairness v substantive reason — Compensation assessment — Burden of proof for overtime on employee — Registrar/Assistant Registrar jurisdiction — Review under Rule 5A — Mitigation and contributory fault — Severance pay computation.
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5 May 2023 |
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Court held interdiction and prosecution null where suspension power rests with the President and Director enjoys statutory immunity absent alleged bad faith.
Administrative/constitutional law – judicial review of government action – permission to apply ex parte constitutes the review application; where no defence is filed claimant may seek scheduling conference or ask Court to end proceedings early – exception to mootness for decisions capable of repetition yet evading review – public officer immunity under Corrupt Practices Act (section 22) requires allegation/establishment of bad faith before proceedings – suspension/interdiction power of Director vested in President (section 6(3)).
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5 May 2023 |
| April 2023 |
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Registrar found ambiguity in Order 13(6)(2) on restoring struck-out defences and referred the issue to the Judge.
Civil procedure – mediation – Order 13(6): striking out defence vs dismissal of claim; scope of restoration under Rule 6(2); Registrar’s powers under Order 25; referral to Judge for authoritative determination.
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19 April 2023 |
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Experienced employee’s failure to take available precautions defeated negligence and statutory duty claims against the employer.
Employer's duty of care; employee’s duty to take reasonable care; Occupational Safety, Health and Welfare Act (ss.13,18,58,65); contributory/sole negligence; res ipsa loquitur.
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5 April 2023 |
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An experienced worker’s failure to take available precautions defeated his claim of employer negligence and statutory breach.
Personal injury – employer’s duty under Occupational Safety, Health and Welfare Act – alleged breach of statutory duty – contributory negligence by experienced employee – causation and failure to prove employer negligence.
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5 April 2023 |
| 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 |
| 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |
| January 2023 |
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Failure to afford a proper hearing rendered the recruit’s dismissal unfair; compensation awarded instead of reinstatement.
Employment law — Unfair dismissal — Procedurally fair administrative action — Right to be heard (audi alteram partem) — Sham disciplinary hearing — Remedy: compensation where reinstatement impracticable.
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24 January 2023 |