Results.
22 judgments found.
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| May 2026 |
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Application to set aside default judgment dismissed for unexplained delay, lack of meritorious defence and counsel misconduct.
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Civil procedure — Default judgment — Setting aside — Requirements under Order 12 Rule 21 CPR 2017 — Reasonable cause, meritorious defence, explanation of delay, interest of justice
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Professional misconduct — Misleading court and unauthorised removal/replacement of court file documents — Abuse of process and adverse effect on relief
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8 May 2026 |
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Whether a blanket prohibition on Indian Hemp possession without a religious exemption unjustifiably limits the applicant's freedom of religion.
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Constitutional law
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— Freedom of religion — Prohibition on sacramental cannabis possession — Justifiable limitation under s44 of the Constitution
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— Equality — Facially neutral drug prohibition — Not discrimination where law applies generally
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Human rights — Human dignity — Criminalisation of religious drug possession — Does not necessarily negate essential content of dignity right
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8 May 2026 |
| April 2026 |
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Court dismissed challenge: NGO lacked standing and pension and written‑particulars exemptions were constitutional.
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Constitutional law — Standing — Public interest/representative standing — Organisations must establish a direct or sufficient interest to litigate on behalf of others
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Labour and social security — Pension exemptions — Ministerial power to exempt classes from mandatory occupational pension — Reasonableness, proportionality and non‑discrimination; Pension Act s11; Constitution ss13, 20, 30, 31
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Employment law — Written particulars of employment — Threshold of five employees — Constitutionality and permissible limitation; Employment Act s27(4)
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16 April 2026 |
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15 April 2026 |
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8 April 2026 |
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Statutory procedures must be followed to challenge freezing/restriction orders; defective CPR filings are rejected.
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Civil procedure — Commencement of action — Summons (Specially Endorsed) vs "Statement of Case"; Statutory procedure — Financial Crimes Act and Corrupt Practices Act — remedies for freezing directives and restriction notices; Interlocutory applications — notice and signature requirements; Registry jurisdiction (Lilongwe v Blantyre)
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2 April 2026 |
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Court substituted imprisonment with compensation to secure the convict’s parental responsibility and child welfare.
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Criminal law — Sexual offences — Sexual intercourse with person under 18 — Consent immaterial under section 138(1) Penal Code
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Criminal procedure — Sentencing and disposal — Compensation and discharge as alternative to imprisonment under section 32 Penal Code and section 337(1)(c)(i) Criminal Procedure and Evidence Code
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Family law — Civil remedies — Victim’s right to pursue maintenance under section 96 Marriage Divorce and Family Relations Act
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1 April 2026 |
| March 2026 |
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31 March 2026 |
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26 March 2026 |
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26 March 2026 |
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25 March 2026 |
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19 March 2026 |
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Amendment seeking to apply collection-costs rules enacted after proceedings commenced cannot be allowed as retrospective.
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Civil procedure
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— Amendment of pleadings — Application of new subsidiary legislation to pending proceedings — Retrospective operation and General Interpretation Act s 14(1)(a)
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— Costs — Recoverability of statutory collection costs under Legal Education and Legal Practitioners (Remuneration) Rules 2025 — Non-retrospective application where proceedings commenced prior to enactment
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18 March 2026 |
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18 March 2026 |
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12 March 2026 |
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10 March 2026 |
| February 2026 |
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18 February 2026 |
| January 2026 |
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Airline's refusal to carry a disabled child without lawful or reasonable justification amounted to discrimination and violated dignity.
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Disability discrimination in air carriage; reasonable accommodation and medical clearance; Chicago Convention Annex 9; right to equality and dignity; general (not punitive) damages awarded.
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23 January 2026 |
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Regulator lawfully conducted inquiry and later disciplinary hearing; ad hoc committee and concurrent criminal proceedings were permissible.
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Administrative law — statutory interpretation of regulatory disciplinary powers — sections 17, 36 and 37 read together; delegation to committees and use of ad hoc panels permissible; distinction between inquiry and disciplinary hearing; concurrent criminal and disciplinary proceedings not per se unreasonable.
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22 January 2026 |
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21 January 2026 |
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Withdrawal of a bail application does not terminate criminal proceedings; the court may grant release and issue case-management directions to protect liberty.
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Constitutional rights — personal liberty and 48-hour rule — withdrawal of bail application — effect on ongoing criminal proceedings — habeas corpus as appropriate remedy — court's discretion to grant reliefs mero motu; case management and disclosure obligations.
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20 January 2026 |
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14 January 2026 |