Results.
31 judgments found.
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| December 2025 |
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18 December 2025 |
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Defective affidavits and insufficient evidence meant petitioner failed to prove electoral irregularities; election confirmed.
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Election law — electoral petition — admissibility and credibility of affidavits (name, signature and jurat date discrepancies) — failure to cross-examine deponent — burden and standard of proof in election petitions — MEC’s investigatory duties, jurisdiction and remedial powers — allegations of handouts, intimidation, purchase of voter slips, and ballot handling.
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3 December 2025 |
| November 2025 |
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Claimant proved agreement for Malawi Kwacha equivalent compensation referenced to US$25,000; quoting foreign currency as reference not illegal.
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Contract — agreement to pay Malawi Kwacha equivalent of foreign currency — reference currency permissible; Civil procedure — burden and standard of proof on balance of probabilities; Evidence — adverse inference from failure to call material witnesses; Exchange control — quoting or indexing to foreign currency does not per se constitute illegality.
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26 November 2025 |
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Whether the applicant is entitled to continue an interlocutory injunction despite a one-day late filing and alleged non-disclosure and stamping issues.
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Interlocutory injunctions — Order 10 Rule 27 (CPR 2017) — American Cyanamid principles — serious question to be tried; adequacy of damages; preservation of status quo — CPR Order 2 cure of irregularity — duty of full and frank disclosure for ex parte relief — equity and unclean hands — effect of unstamped agreements where party treats contract as operative.
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21 November 2025 |
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The applicant’s application to set aside a default judgment succeeded due to non-service and an arguable defence.
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Civil procedure — Setting aside default judgment — Non-service of originating process — Delay in bringing application — Prospects of defence — Prejudice — Vacatur of interlocutory injunction.
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20 November 2025 |
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Section 100 petition confined to Commission‑decided complaints; one unsigned result sheet found but did not affect election, petition dismissed.
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Election law — Section 100 appeal limited to matters decided by the Commission; scope of election petitions; irregularity defined as non‑compliance with the Act; presiding officer’s signature mandatory on result sheets; criminal electoral offences (handouts, unlawful campaigning) are for criminal process and require conviction before affecting election outcome; burden of proof on petitioner on balance of probabilities.
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11 November 2025 |
| October 2025 |
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Appeal allowed: finding of constructive dismissal reversed; compensation assessment principles clarified and arbitrary 30% boost disallowed.
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Employment law — constructive dismissal — demotion and transfers; conditional loan as possible victimisation; timing and delay in claiming constructive dismissal; compensation assessment under Employment Act s.63(4) and minima in s.63(5); mitigation of loss; courts may not 'boost' awards for inflation—use prevailing wage instead.
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2 October 2025 |
| September 2025 |
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Application dismissed for being commenced in the wrong procedural form; election challenges require petition or Form 86A originations.
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Election procedure — Mode of commencement — Petition under PPLGEA or judicial review by originating motion (Form 86A); CPR cannot add modes; procedural irregularity fatal.
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10 September 2025 |
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Failure of the Returning Officer to notify a nomination defect rendered the exclusion unlawful despite incorrect fee paid at presentation.
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Election law — nomination fees — age qualification for youth candidates determined at time of presentation — Returning Officer’s duty to notify defects before close of nominations (s.39(2)–(3)) — failure to notify defeats internal remedies (s.99) — judicial review permissible where no communicated decision.
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9 September 2025 |
| August 2025 |
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Court abridged time and set an expedited timetable to hear a review of a candidate's exclusion under Section 42(2) before the election.
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Electoral law — judicial review of electoral commission decision — exclusion of candidate — urgency — abridgement of time under civil procedure rules — operation of Section 42(2) of the Elections Act.
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29 August 2025 |
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Claimant lacked a cognisable right and sufficient interest to seek judicial review of the appointment; application dismissed and costs awarded.
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Judicial review — permission stage — Order 19 rule 20 requirements — must show a right, interest or legitimate expectation affected and sufficient locus standi; speculative future grievances non-justiciable; interlocutory injunction falls away where permission denied; costs follow the event.
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20 August 2025 |
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18 August 2025 |
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18 August 2025 |
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11 August 2025 |
| July 2025 |
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Bail pending appeal denied: no exceptional circumstances, appeal unlikely to succeed, substantial sentence remains unserved.
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Criminal procedure — Bail pending appeal (s.359) — Discretionary relief only in exceptional, special or unusual circumstances — Factors include likelihood of success and risk of serving substantive sentence — Likelihood alone rarely sufficient.
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28 July 2025 |
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Criminal defamation provision struck down as an unconstitutional, disproportionate limit on freedom of expression.
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Constitutional law — Freedom of expression — Criminal defamation — Section 200 Penal Code — Overbreadth, vagueness and chilling effect — Section 44 limitation test — Civil remedies as less restrictive means — Attorney General’s neutral role in constitutional referrals.
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17 July 2025 |
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Whether criminal defamation (section 200) unjustifiably limits freedom of expression and must be struck down.
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Criminal defamation — Freedom of expression (section 35) — Limitation test (section 44(1),(2)) — Proportionality and necessity — Civil remedies as less restrictive means — Chilling effect — Decriminalisation consistent with regional and international jurisprudence — Attorney General’s impartial role in constitutional referrals.
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17 July 2025 |
| May 2025 |
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Appellate court found KYC‑related poor performance justified dismissal; set aside boosted compensation and reassessed remedies.
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Employment law
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Unfair dismissal — Poor performance on KYC compliance — Valid reason and employer’s duty to act with justice and equity — Employment Act ss57,61
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Compensation for unfair dismissal — Statutory minima and court discretion under s63(4)–(5) — Role of mitigation
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Severance allowance — Statutory calculation under First Schedule — No judicial 'boost' for devaluation absent statutory or pleaded basis
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21 May 2025 |
| April 2025 |
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Judicial review of the DPP’s prosecutorial decisions is exceptional; applicants must first exhaust parliamentary and criminal remedies.
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Prosecutorial discretion — Judicial review leave — Selective prosecution alleged — Requirement to exhaust parliamentary oversight (Legal Affairs Committee) — Exceptional circumstances threshold (dishonesty/mala fides) — Prematurity and abuse of civil process to challenge criminal proceedings.
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28 April 2025 |
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Accrued annual leave cannot be forfeited; employer must pay untaken earned leave on termination.
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Employment law — Annual leave — Employer’s duty to grant leave; employee’s duty to take leave — No statutory forfeiture of accrued earned leave — Contractual clauses purporting to forfeit accrued leave void — Entitlement to payment for accrued untaken leave on termination (sections 44 and 45, Employment Act).
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25 April 2025 |
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The employer's appeal against compensation for the respondent's constructive dismissal was dismissed; s63 discretion upheld.
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Employment law — Unfair/constructive dismissal — Assessment of compensation — Sections 63(4) and 63(5) Employment Act — Immediate loss and future loss — Pleading standards in Industrial Relations Court — Statutory severance allowance (s35).
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4 April 2025 |
| March 2025 |
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Court awards K70,000,000 to the applicant for negligent medical treatment causing genital mutilation, including exemplary damages.
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16 March 2025 |
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Whether a public officer failed to declare a close associate’s interest and whether foreign intelligence evidence was admissible.
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Criminal law — s25D(2)(a) Corrupt Practices Act — failure to declare interest — scope of ‘interest’ and ‘close associate’ — interplay with PPDA Act; admissibility of foreign intelligence/evidence obtained under an MOU; case‑to‑answer test under s313 CP&EC.
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4 March 2025 |
| February 2025 |
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Ex parte freezing injunction vacated after applicant suppressed material related‑party and forensic‑audit facts.
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Civil procedure — freezing injunctions — Order 10 r.11, r.12(2)(b) CPR — requirements: good and arguable case, assets likely to form part of judgment, risk of dissipation — equitable relief requires full and frank disclosure — clean hands doctrine — proportionality of freezing orders — relevance of forensic audit and related-party conflicts.
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7 February 2025 |
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Court orders pending appeal to determine custody and proposed relocation, stays parallel proceedings, prioritizing the child’s best interests.
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Family law — Child custody and access — Proposed relocation of child abroad (Portugal) — Jurisdiction to dissolve marriage — Best interests of the child (Constitution s.23) — Stay of parallel proceedings — Recusal: reasonable apprehension of bias test — Review vs appeal.
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3 February 2025 |
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Failure to serve the mandatory pre‑suit notice and the time‑barred nature of the dispute rendered the applicants’ claim and motion a nullity.
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Civil procedure — pre‑suit notice mandatory under Civil Procedure (Suits By and Against Government) Act s4 — non‑compliance renders action a nullity; administrative law — challenges to Ministerial implementation of statutory pension scheme are matters for judicial review; limitation — three‑month rule for judicial review; declaratory relief cannot circumvent pre‑suit notice requirement.
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3 February 2025 |
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Exit agreement signed under economic duress: dismissal unfair; applicant entitled to compensation and remedy hearing.
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Employment law — Unfair dismissal — Mutual release/exit agreement vitiated by economic duress; procedural fairness in disciplinary process; employer’s burden to prove valid reason for dismissal; compensation remedy.
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3 February 2025 |
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Dismissals for operational requirements without consultation were unfair; applicants entitled to compensation.
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Employment law — unfair dismissal — operational requirements/retrenchment — statutory consultation requirement — justice and equity (s.61 Employment Act) — funding contingency clause — contractual notice period — compensation assessment.
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3 February 2025 |
| January 2025 |
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Ex parte permission for judicial review discharged for abuse of process and suppression of prior related proceedings.
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Administrative law — Judicial review — Ex parte permission — Duty of frank and full disclosure — Suppression of prior related proceedings — Abuse of court process via multiplicity of actions — Discharge of permission and interlocutory injunction — Discretionary extension of time (functus officio).
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31 January 2025 |
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High Court reviewed and set aside subordinate custody order, awarding primary custody to the breastfeeding mother and ordering medical and social assessments.
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Family law — Custody — Best interests of the child — Infant breastfeeding as paramount consideration — High Court supervisory review under Section 26 Courts Act — Quashing subordinate court custody order — Orders for medical and social welfare assessments.
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22 January 2025 |
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Registrar rejects application for review due to improper signature, procedural non-compliance, and wrong forum for admissions.
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Civil procedure — rejection of documents; signature by named legal practitioner required; notice of change of legal practitioner (Order 33); sworn statement formalities (Order 18); jurisdiction for admissions — Chief Justice; abuse of court process; Rules Orders 5, 18, 25.
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22 January 2025 |