Results.
8 judgments found.
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| October 2024 |
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Interpleader claim dismissed where claimant failed to follow Sheriff Act procedure and did not prove ownership of seized goods.
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Interpleader relief; section 11(a)(iii) Courts Act; Order 29 CPR scope; section 20 Sheriff’s Act (Sheriff interpleader summons); burden to prove ownership of goods seized in execution.
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25 October 2024 |
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Application to file supplementary skeleton arguments deferred to the full bench; copies to be supplied by deadline or dismissed.
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Civil procedure — interlocutory application for leave to file supplementary skeleton arguments — judicial discretion — timing and service of filings — appropriateness of single-member determination where appeal listed before full bench — procedural directions and automatic dismissal for non-compliance.
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24 October 2024 |
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The applicant (Attorney General) lacks standing to be joined where government shareholding is held through a separate corporate entity.
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Joinder of parties — Order 6 r 7 CPR — person "affected by a proceeding"; Company law — separate legal personality (Salomon) and shareholder standing; Contractual clauses — exclusive jurisdiction vs arbitration clause; Civil Procedure Rules — overriding objective and active case management; Judicial conduct — recusal of judge.
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22 October 2024 |
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Failure to consult senior employees before retrenchment amounted to unfair dismissal and an unfair labour practice.
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Employment law — retrenchment for operational requirements — duty to consult employees — fair and equitable procedure under s.61(2) Employment Act and s.31 Constitution — consultant-led functional review — adequacy of consultation; legitimate expectation from proposed contract change; severance versus gratuity/pension entitlements; interest on wrongfully withheld severance.
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22 October 2024 |
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Insurer subrogation succeeds where driver of BR 398 failed to give way, entitling recovery of MK15,390,000 plus interest and costs.
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Road traffic negligence — duty to give way at junction; proof by photographs and damage pattern; insurer’s right of subrogation to sue in insured’s name; discretion to admit late documents under frontloading rules; award of compound interest and costs.
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18 October 2024 |
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The court ceased jurisdiction after referral to arbitration and declined to entertain further applications.
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Arbitration law — Referral to arbitration cedes court jurisdiction — Court obliged to honour arbitration agreement; inability to hear matters once jurisdiction ceded; procedural delay attributable to counsel’s failure to appoint arbitrator.
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16 October 2024 |
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Registrar rejects originating summons as procedurally defective, abusive, and brought by a claimant lacking standing.
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9 October 2024 |
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High Court found a substantive customary marriage despite statutory publication lapses and re‑ordered equitable distribution, directing executive action on MDFRA implementation.
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Family law — customary marriage formalities under MDFRA (ss.26–29) — effect of non‑compliance — recognition of marriage by substance and conduct; distribution of matrimonial property — principles of fairness, equitable/shared ownership and proof; jurisdiction of magistrate courts in customary divorce matters; state obligation to operationalize MDFRA registration regime.
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4 October 2024 |