Results.
76 judgments found.
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| March 2024 |
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A statutory corporation (municipal council) is not exempt from enforcement under Order 34 rule 4 absent express statutory immunity.
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Civil procedure — Order 34 rule 4 CPR 2017 — exemption from enforcement applies to Government or public officers as defined by statute; statutory corporations do not automatically enjoy Crown-type immunities absent express statutory provision.
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6 March 2024 |
| February 2024 |
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Employer did not breach statutory or common‑law duty; claimant failed to prove negligence and was himself negligent, claim dismissed with costs.
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Occupational safety — Employer's duty of care under Occupational Health, Safety and Welfare Act — Employee's reciprocal duty to take reasonable care — Proof of negligence on balance of probabilities — Contributory negligence and credibility findings.
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28 February 2024 |
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A party’s mere dissatisfaction with an arbitrator’s merits findings does not amount to misconduct warranting setting aside the award.
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Arbitration — setting aside award — misconduct standard — arbitrator’s procedural discretion — inspection of materials — merits disagreement not ground for removal of arbitrator.
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28 February 2024 |
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Court awards compensation and statutory severance using current salary, reduced for applicant’s partial contribution; appeal conditional on 50% payment.
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Employment law — unfair dismissal for procedural unfairness — assessment of compensation under s63(4) and (5) Employment Act — use of current salary to preserve purchasing power — partial contribution reduces discretionary award — statutory severance calculation (First Schedule, s35(2)) — appeal conditional on payment of 50% (no automatic stay).
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20 February 2024 |
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An applicant cannot obtain leave to appeal to the SCA on an interlocutory matter without certified lower-court refusal and procedural propriety.
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Civil procedure — Leave to appeal — Requirement to seek leave in the court below and to produce certified refusal before approaching appellate court — Interlocutory/non-final matters not appealable — Procedural propriety for litigants in person.
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19 February 2024 |
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Preservation order expired after 90 days; no forfeiture application was pending, so frozen accounts must be unfrozen.
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Financial Crimes Act s67(b) — preservation orders expire after 90 days unless a forfeiture application is pending; meaning of "application pending"; Courts Act s3(1) — issuance/placement of process; civil forfeiture prerequisites and necessity of predicate offence; unfreezing accounts where preservation order expired.
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15 February 2024 |
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Whether arbitration was waived and unfulfilled conditions precedent rendered the share purchase agreement unenforceable.
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Arbitration clause — waiver by filing defence; Rule in Turquand — apparent authority of managing director/sole shareholder; Conditions precedent — failure to fulfil renders share purchase agreement unenforceable; Share transfer — essential for completion; Costs follow event.
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15 February 2024 |
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A very late, extensive re-amendment was refused where it would unfairly prejudice the respondent and disrupt court resources.
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Civil procedure — amendment of pleadings — O.7 r.23 CPR 2017 — very late re‑amendment after closure — overriding objective and case management — prejudice not compensable by costs — reintroduction of issues disposed at mediation.
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12 February 2024 |
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Summary judgment refused due to genuine disputes over repayment, interest, and entitlement to punitive damages.
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Summary judgment — Genuine dispute of fact — Repayment of guaranteed funds — Assessment of interest and loss — Punitive damages in contract require proof of deliberate tortious conduct — Mediation or trial required.
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12 February 2024 |
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Summary judgment granted for a written MK10,000,000 loan; defendant’s illegality and repayment defences found unarguable.
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Contract law — written loan agreement — existence and enforceability; summary disposal under procedural rules; illegality defence and Financial Services Act; unconscionability and bargaining power; estoppel and proof of repayment.
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6 February 2024 |
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1 February 2024 |
| January 2024 |
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Conviction quashed where facts established incest requiring DPP's written consent; trial ordered de novo with directions.
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Criminal procedure — Review of subordinate court proceedings — Charge irregularity; incest (s.157 Penal Code) vs rape (s.133 Penal Code); requirement of DPP's written consent for prosecutions within prohibited degrees of consanguinity; conviction quashed; trial de novo ordered.
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30 January 2024 |
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Assessment of quantum for unfair dismissal, gratuity, pension and notice pay under Defence Force Regulations.}
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29 January 2024 |
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Whether a Final Third-Party Debt Order can be set aside for alleged misrepresentation of claimant’s status (sole trader v partnership).
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Civil procedure — Third-Party Debt Order — application to set aside Final Third-Party Debt Order; Partnership law — status of claimant (sole trader v partnership) and effect on liability; Courts (High Court) (Civil Procedure) Rules 2017 — Order 28 rule 17 — objections pre-final order; Abuse of process — striking out.
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29 January 2024 |
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27 January 2024 |
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Claimant failed to prove defendant’s negligence or statutory breach in fire allegedly caused by high voltage; claim dismissed with costs.
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Tort — Negligence in electricity supply; causation; high voltage vs high current; short-circuit principles; res ipsa loquitur inapplicable; statutory reporting/arbitration (MERA) not mandatory.
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25 January 2024 |
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Interim injunction continued pending trial as triable issue exists over whether a counteroffer negated the sale agreement; damages inadequate for land.
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Property law — interim injunction — existence of enforceable agreement for sale of land — whether offeree’s response amounted to a counteroffer or mere request for variation — adequacy of damages for land — balance of convenience — referral to mediation.
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25 January 2024 |
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Interim injunction maintained due to triable issue on offer/counteroffer and inadequacy of damages for land.
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Interim injunction — whether a triable issue exists as to formation of contract (offer v counteroffer) — uniqueness of land and inadequacy of damages — balance of convenience — continuation of interlocutory injunction; referral to mediation.
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25 January 2024 |
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Court dismissed both claim and counterclaim for want of prosecution after 35 months' inaction.
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Civil procedure — dismissal for want of prosecution — Order 12 r 54 — inordinate and inexcusable delay — abuse of court process — counterclaim also dismissed — costs: each party to bear own costs.
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25 January 2024 |
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Both claim and counterclaim dismissed for want of prosecution after 35 months' inaction; each party to bear its own costs.
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Civil procedure — Dismissal for want of prosecution under Order 12, rule 54 — Inordinate delay and abuse of process — Counterclaim also dismissed — Overriding objective and case-management non-compliance — Costs: each party to bear own costs.
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25 January 2024 |
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Summary judgment granted where defence was a sham; stay for related criminal proceedings denied.
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Civil procedure — stay of civil proceedings pending criminal proceedings; summary judgment — general denial treated as sham under Order 7 r 6 CPR; monetary claims vs criminal restitution; party-and-party costs only.
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24 January 2024 |
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A dispute founded on employment contract restraints belongs to the Industrial Relations Court, not the High Court Commercial Division.
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Jurisdiction — High Court (Commercial Division) v Industrial Relations Court — employment contract disputes; restraint of trade in employment — enforceability and reasonableness vis-à-vis constitutional right to work (s.29); definition of "commercial matter" (Courts Act s.2).
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22 January 2024 |
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Whether a restraint-of-trade claim arising from employment belongs to the Industrial Relations Court rather than the Commercial Division.
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Jurisdiction — Commercial Division v Industrial Relations Court — enforcement of post‑termination restraint in employment contract — whether dispute is commercial or labour — reasonableness of restraint and constitutional right to economic activity (section 29).
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22 January 2024 |
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Court set aside a without-notice injunction after the claimant failed to comply with filing, service and attendance conditions.
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Civil procedure — interlocutory injunctions — without-notice orders — inherent power to set aside/discharge suo motu — non-compliance with terms (filing, service, attendance) — Order 10 r.27 — overriding objective.
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22 January 2024 |
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Applicant discharged under section 247 due to prosecutorial inability to produce evidence; court warns against prosecutions without evidence.
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Criminal procedure — Discharge under section 247 CP & EC where prosecutor unable/unwilling to proceed; discontinuance as DPP's exclusive constitutional power; inapplicability of section 270 at substantive trial stage; prosecutorial duty to terminate prosecutions lacking credible evidence; abuse of process and protection of personal liberty.
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9 January 2024 |
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Court set aside stay of enforcement and issued a third‑party debt order against the respondent's bank for assessed costs.
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Civil procedure — stay of execution of costs order — setting aside stay for inordinate delay and failure to prosecute review — third‑party debt order against bank — respondent's ability to repay — costs awarded to respondent.
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4 January 2024 |