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Citation
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Judgment date
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| 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 |
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Ex parte injunction discharged where borrower defaulted, misrepresented title/service and bank lawfully pursued sale under statutory remedies.
Interlocutory injunction — discharge of ex parte injunction; American Cyanamid principles; Registered Land Act ss.68 & 71; service of statutory demand; misrepresentation and bad faith; adequacy of damages; balance of convenience.
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24 January 2023 |
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The court found the insurer liable where the insured driver's road obstruction breached the duty of care and caused the collision.
Motor vehicle negligence – obstruction of road – duty of care of drivers – causation and burden of proof – insurer liability – assessment of damages.
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13 January 2023 |
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A road obstruction by an insured driver was negligent, rendering the defendant insurer liable and damages to be assessed.
Negligence — obstruction of road by driver — duty of care of road users — foreseeability and causation — insurer vicarious/liability — burden of proof on balance of probabilities.
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13 January 2023 |
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12 January 2023 |
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Assessment of damages for property and business losses caused by negligent electricity supply, including replacement costs and lost profits.
Negligence — assessment of damages for destruction of property and business by electrical fire; replacement value and contractor quotations; proof of special damages; conversion of sales to profit (30% margin); general damages for inconvenience.
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12 January 2023 |
| December 2022 |
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Convictions quashed where prosecution relied on uncorroborated accomplice evidence and improperly authenticated call‑logs.
Criminal law — Dangerous drugs (possession and attempted export) — accomplice evidence and requirement for corroboration — admissibility of co‑accused caution statements as witness evidence under s.175 — computer‑generated call logs and witness competence/authentication.
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23 December 2022 |
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9 December 2022 |
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Court confirmed defilement conviction and increased sentence to 40 years due to breach of trust, threats, and HIV transmission.
Criminal law — Defilement: elements and proof; identification evidence; medical corroboration not essential but supportive; sentencing — aggravating factors (breach of trust, threats, HIV transmission) justify substantial enhancement.
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6 December 2022 |
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Conviction for defilement upheld and sentence enhanced to 40 years due to serious aggravating factors.
Criminal law – Defilement (s.138(1) Penal Code) – sufficiency of evidence and corroboration of child’s testimony – medical evidence not indispensable – sentencing enhancement – aggravating factors (young victim, planning, force, psychological harm) outweighing first‑offender mitigation.
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6 December 2022 |
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Court confirmed robbery convictions, upheld identification evidence, and enhanced custodial sentence to concurrent terms.
Robbery – identification evidence – Turnbull guidelines – confirmation of conviction – sentencing: aggravating factors (mask, group, violence, planning) outweighing youth and first-offender mitigation – sentence enhancement to concurrent terms.
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6 December 2022 |
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Non‑therapeutic circumcisions of minors without valid parental/guardian consent constituted battery, breach of duty and violated bodily integrity.
:[
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2 December 2022 |
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Proceedings were prejudiced by magistrate conduct amounting to bias and re‑victimization, requiring retrial, victim support and disciplinary/systemic reforms.
Criminal procedure — judicial conduct and impartiality — secondary victimization in sexual‑offence trials — gender stereotyping — retrial ordered; referral to Judicial Service Commission; victim support ordered.
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1 December 2022 |
| November 2022 |
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Court granted injunctions, demolition and damages where defendant’s predecessor unlawfully encroached public road and claimant’s land.
Property law – Encroachment on road reserve and adjoining private land – locus standi to sue where private injury shown – public land not susceptible to acquisition by prescription – mandatory and prohibitory injunctions and damages awarded.
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30 November 2022 |
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Prosecution evidence was insufficient and unreliable to require the accused to enter a defence; accused acquitted.
Criminal law — no-case-to-answer — sufficiency of prosecution evidence — hearsay and inconsistent witness testimony — unmarked exhibits — failure to establish circumstantial link to crime.
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16 November 2022 |
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Court dismissed application to re-enter an appeal; dismissal for non-appearance cannot be revived and no sufficient cause was shown.
Civil procedure — dismissal for non-appearance — Order III r.21(2) — re-entry of appeal — sufficiency of cause — inherent jurisdiction — functus officio — delay and lack of diligence.
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10 November 2022 |
| October 2022 |
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Court held instruction fee payable once proceedings commenced, reduced fee and ordered revised costs payable within 14 days.
Costs — Instruction fee — Order 31 Rule 10 — Entitlement to instruction fee once proceedings commence in High Court even if no trial — Court's discretion to reduce quantum of fee.
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30 October 2022 |
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Court granted extension to file for judicial review, finding no prejudice or inordinate delay, deferring statutory time‑bar issues to substantive hearing.
Civil procedure – extension of time to seek judicial review – discretionary power under Order 19 r.20(6) – considerations: prejudice to respondent/public, detriment to good administration, and reasonableness of delay; Tax law – limitation/sunset clause (s.125 Taxation Act) raised but not decided at extension stage.
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24 October 2022 |
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Court awarded 10% of the judgment plus assessed disbursements, refusing refresher fees for lack of evidence of three‑hour sittings.
Costs — assessment under Subordinate Court Rules Order XXX r 2 and Second Schedule — 10% of judgment debt awarded — refresher fees require continuous court seating of three hours or more and proof — additional heads allowed: attendance, service, disbursements, secretarial, stationery — total assessed MK3,772,260.76.
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12 October 2022 |
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Assessment of quantum for unfair dismissal: salary base, mitigation, pension and severance, with a 50% devaluation uplift.
Labour law — assessment of damages for unfair dismissal — appropriate salary base (statutory salary vs overtime) — mitigation of loss — entitlement to statutory employer pension contributions — severance pay calculation — adjustment for currency devaluation — inadmissibility of unpleaded heads of damage.
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10 October 2022 |
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Assessment of compensation for unfair dismissal, applying mitigation, statutory minima and accepting uncontroverted applicant evidence.
Employment law – unfair dismissal – assessment of compensation – Section 63(4) & (5) Employment Act – mitigation of loss – severance pay – notice pay – withheld wages – effect of failure to call witnesses.
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4 October 2022 |
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Whether the respondent is liable to maintain the children and the appropriate financial and material maintenance order.
Child maintenance – liability to maintain children – assessment under Child Care Protection and Justice Act s.10 – orders for monetary upkeep, school fees, clothing, medical bills, rent contribution, vehicle provision – duration sv. s.15/s.16 – best interests of the child.
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4 October 2022 |
| September 2022 |
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Appellants' convictions for unlawful wounding upheld, but 18‑month custodial sentences set aside and immediate release ordered as excessive.
Criminal law – Unlawful wounding (s.241(a)) – proof beyond reasonable doubt – eyewitness credibility; Sentencing – first offenders, ss.339–340 CPE Code – discretion to not suspend; Excessive sentence – appellate reduction and immediate release.
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22 September 2022 |
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High Court stayed its proceedings where concurrent subordinate-court action remained unresolved because costs were not agreed, assessed or paid.
Civil procedure – abuse of court process – concurrent proceedings in different courts – withdrawal of subordinate-court action does not conclude proceedings until costs are agreed/assessed/paid – High Court’s inherent jurisdiction to stay proceedings.
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19 September 2022 |
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Joinder of an insurer after the two‑year RTA limitation is time‑barred; insurer ordered to pay costs for raising the objection late.
Road Traffic Act s148 – Limitation of direct claims against insurers to two years; s148(1)(c) preserves only proceedings actually commenced against insurer within two years; late joinder of insurer time‑barred; mistake in insurer identity does not extend limitation period; discretion to award costs against successful but unreasonably late objector.
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16 September 2022 |
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Claim dismissed with costs where claimant’s eyewitness evidence was discredited and police report was inadmissible hearsay.
Road traffic negligence – duty of care of driver – requirement to prove negligence on balance of probabilities; amendment of pleadings under Order 7 r 23(1); hearsay inadmissibility of police report under Order 17 r 55; evidentiary weight of discredited eyewitness testimony.
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16 September 2022 |
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Employer liable for negligence and for breaching statutory duty by failing to provide a safe system of work; damages awarded.
Employer liability – negligence and breach of statutory duties (Occupational Safety, Health and Welfare Act: ss.13, 64) – safe system of work – mechanical appliances – res ipsa loquitur inapplicable – pleading particulars and PPE claims.
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16 September 2022 |
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Unmarked roadworks obstruction caused injury; defendant 75% liable, claimant 25% contributorily negligent.
Negligence — roadworks obstruction — duty to warn road users of obstructions — adequacy and persistence of warning measures; contributory negligence for cycling at night without illumination; apportionment of liability; res ipsa loquitur inapplicable.
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16 September 2022 |
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Ex parte interlocutory injunction discharged for likely suppression of material facts; balance of convenience favors the respondent.
Land law – interlocutory (ex parte) injunction – duty of full and frank disclosure – suppression of material facts – serious question to be tried – balance of convenience – enforcement notice and alleged unauthorised development under Physical Planning Act.
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13 September 2022 |
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Court reversed refusal to forfeit tainted timber, holding forfeiture discretionary, remedial, and not double punishment.
Criminal law — Forest Act s.68, s.74 — Forfeiture of tainted property — "May" denotes judicial discretion — Forfeiture remedial not punitive — Forfeiture may extend to foreign-sourced produce — Third‑party property requires hearing.
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12 September 2022 |
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Assessment of damages for negligent medical care causing leg amputation—awards for pain, loss of amenities, and disfigurement, special damages denied.
Damages assessment – medical negligence – amputation – awards for pain and suffering, loss of amenities, disfigurement – refusal of special damages for lack of strict proof – use of comparative awards and inflation adjustments.
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11 September 2022 |
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Application to set aside default judgment dismissed for inordinate delay and lack of a bona fide meritorious defence.
Civil procedure — Setting aside default judgment — Order 12 r 21 CPR 2017 — requirement of reasonable cause and meritorious defence — promptness and inordinate delay — vacatur of stay of execution.
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5 September 2022 |
| August 2022 |
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A driver’s unsafe left overtaking and failure to stop found negligent; insurer liable, registered owner not.
Negligence – duty of care of drivers – failure to keep proper lookout and unsafe overtaking (left) – standard of proof on balance of probabilities; Motor vehicle collisions – liability of driver and insurer; Evidentiary weight of police/traffic officer reports; Owner liability not established.
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30 August 2022 |
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Conviction for trafficking quashed where prosecution failed to prove prohibited means and purpose of exploitation.
Criminal law – Trafficking in persons – Elements: action (e.g. transporting), proscribed means (force, fraud, abuse, payment to obtain consent, etc.) and purpose (exploitation); burden of proof beyond reasonable doubt; failure to prove means and purpose mandates acquittal; appellate rehearing and error where trial court did not separately consider all elements.
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30 August 2022 |
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Forfeiture of a vehicle requires evidence linking the owner and an opportunity for the owner to be heard.
Forestry Act s74(1)(f) — forfeiture of vehicle; property rights (Constitution s28) — arbitrary deprivation; presumption of innocence; instrumentality of crime — requirement of direct/systematic use; procedural requirement to hear owner/show cause; appellate setting aside under s353(1)(b) of the Code.
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23 August 2022 |
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Short detention during a march amounted to false imprisonment and a reduced award due to claimant’s provocative conduct.
Constitutional right to protest — False imprisonment — Assessment of non-pecuniary damages — Duration and aggravation — Mitigation of punitive damages where claimant’s conduct contributed to the harm.
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19 August 2022 |
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16 August 2022 |
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Ex parte permission and stay vacated because claimants lacked locus standi and materially misrepresented their status.
Judicial review — ex parte permission and interim relief — vacatur for lack of locus standi and material non-disclosure; Refugees Act — refugee status determination and effect of Minister's decision; scope of governmental relocation notice (rural v urban); costs awarded.
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12 August 2022 |
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Court refused review of respondent’s 700MHz cease-and-desist but granted review of related fine and accounting orders.
Administrative law — Judicial review (permission stage) — arguable case required; Legitimate expectation — temporary licence and notice of competitive reassignment; Spectrum regulation — migration from 700 MHz band 17 to band 28, cease-and-desist, fines and revenue account; Procedural fairness and reasons for administrative action.
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12 August 2022 |
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Court refused review of cease-and-desist order due to temporary licence and prior notice, but allowed review of fine and accounts requirement.
Administrative law — Judicial review — Permission stage — Legitimate expectation — Temporary licence and competitive reassignment of spectrum — Reasons for administrative action — Interlocutory injunctions — Wednesbury unreasonableness.
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12 August 2022 |
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Employer liable for employee’s burn injuries from sludge due to unsafe system and lack of protective measures.
Negligence – employer’s duty of care and safe system of work; Occupational Safety, Health and Welfare Act – provision of safety instructions and protective clothing; contributory negligence – not established; failure to call material witnesses; assessment of damages ordered.
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11 August 2022 |
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Award of K3,500,000 for pain, suffering and loss of amenities; no separate disfigurement award; costs to be assessed.
Personal injury — Assessment of damages — Pain and suffering and loss of amenities — Quantum — Disfigurement — Default judgment — Use of comparable authorities.
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11 August 2022 |
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Plaintiff proved some unpaid invoices but failure to traverse limitation plea rendered older claims statute-barred.
Civil debt recovery – unpaid invoices – plea of limitation – Order 18 r.13 deemed admissions – acknowledgement of debt and effect on limitation – assessment before Registrar – interest and costs.
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9 August 2022 |
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Court continued injunction restraining purported Leader of Opposition appointment; perjury/suppression allegations dismissed.
Judicial review/interlocutory injunctions – ex parte relief – duty of full and frank disclosure; Political party internal decisions – justiciability and scope of judicial oversight; Constitutional political rights – right of MPs to participate in party processes; Adequacy of damages – non-pecuniary nature of office; Procedural directions – continuation of interlocutory relief pending trial.
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8 August 2022 |