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Citation
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Judgment date
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| August 2022 |
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Court reduced claimed personal injury damages and awarded K4,000,000 with costs to be assessed if not agreed.
Personal injury — assessment of general damages — injuries including deep forehead laceration, bruises, deformed/swollen knees and dislocated hip — use of comparable precedents to determine quantum — award reduced from claimed amount to K4,000,000 — costs to be assessed if not agreed.
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5 August 2022 |
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4 August 2022 |
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Court awarded damages for 10‑day false imprisonment, dismissed malicious prosecution, and granted loss of business, defamation, and costs.
False imprisonment — quantum for loss of liberty, indignity and mental suffering; duration and conditions considered. Malicious prosecution — requires prosecution determined in claimant’s favour, not proved
Defamation — damages awarded despite limited evidence of reputational harm. Loss of business — discretionary award where financial records absent
Costs — party-and-party on standard basis following default judgment
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4 August 2022 |
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Conviction for attempted suicide confirmed; custodial sentence set aside under s340(1) in favour of immediate release.
Criminal law – Sentencing – Attempted suicide – Custodial sentence for first offender – Section 340(1) CPE Code requires recorded good grounds before imprisonment – High Court review powers under Courts Act ss25–26 and CPE Code s362.
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4 August 2022 |
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Assessment of damages for amputation: forearm loss subsumed under pain and suffering and K9,000,000 awarded.
Personal injury — assessment of damages — loss of limb (forearm) treated as part of pain and suffering/disfigurement — viva-voce evidence sufficient where medical report raises hearsay concerns — application of comparable awards principle.
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1 August 2022 |
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Court awarded K4,000,000 for pain and suffering and loss of amenities; special damages not proved; order against 2nd defendant.
Personal injury — Assessment of damages — General damages for pain and suffering and loss of amenities — Fracture, shoulder bruises, eye injury — No proof of disfigurement — Special damages not proved — Default judgment; exhaustive assessment.
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1 August 2022 |
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Viva-voce evidence can establish serious injury absent X‑rays; claimant awarded MK7,000,000 inclusive, costs to defendants.
Personal injury — proof of fracture — viva-voce evidence acceptable where X‑rays absent — hearsay limits on medical reports — assessment of quantum — comparability of awards.
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1 August 2022 |
| July 2022 |
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Cancellation of an industrial rebate without a hearing breached section 43, violated legitimate expectation, and was quashed.
Administrative law – section 43 Constitution – right to lawful and procedurally fair administrative action – legitimate expectation – right to be heard – cancellation of industrial rebate – customs regulations – Wednesbury unreasonableness – certiorari.
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28 July 2022 |
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Applicants proved entitlement to 18 months' unpaid salaries; court awarded amounts plus a 25% devaluation uplift, payable within 14 days.
Labour law – assessment of salary arrears after default judgment – burden and standard of proof in assessment proceedings – awarding currency devaluation uplift – proceeding in absentia where service proved.
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25 July 2022 |
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Default judgment set aside despite delay because judgment contained unpleaded monetary and leave awards and alleged improper service.
Civil procedure – setting aside default judgment – inordinate delay versus irregularity of judgment (unpleaded quantified awards, improper service) – court’s discretion to revoke judgment obtained by procedural failure.
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25 July 2022 |
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The applicant was awarded just and equitable compensation for unfair dismissal, statutory entitlements, and a 25% inflation uplift.
Employment law — unfair dismissal — assessment of compensation under Section 63(4)–(5) Employment Act — severance, gratuity, overtime, accrued leave, notice pay — burden and standard of proof — mitigation of loss — inflation/currency devaluation uplift.
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25 July 2022 |
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Matters involving alleged loss of customs, tax and VAT revenue belong in the High Court Revenue Division and must be transferred.
High Court divisions — Revenue Division v Criminal Division — section 6A Courts Act — revenue matters (Customs, Tax, VAT) — transfer of proceedings commenced in wrong Division — judge’s inherent power to transfer — procedural consequences of wrong forum.
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25 July 2022 |
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Judicial review refused as premature because claimant failed to exhaust licence/Act dispute remedies (arbitration); injunction dismissed.
Administrative law – judicial review – leave to apply – requirement to exhaust alternative dispute resolution/arbitration under licence and Act – preliminary finding and show‑cause process lawful – injunction denied as consequential remedy.
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25 July 2022 |
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Indiscriminate police 'sweeps', failure to inform arrestees, and coerced guilty pleas breached constitutional fair‑trial and liberty rights.
Criminal procedure – vagrancy/sweeping exercises – arbitrary mass arrest – failure to inform detainees of reasons – coerced guilty pleas – right to fair trial – section 184(1)(b) problematic – mandamus for police guidelines and legislative review.
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22 July 2022 |
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The respondent’s seven-year sentence for armed, violent robbery was increased to fourteen years due to statutory aggravating factors.
Criminal law – Robbery – Sentence – Section 301(2) Penal Code – Aggravating factors: armed with offensive weapon, in company, use of personal violence – Enhancement of sentence – Confirmation of magistrate’s sentence.
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21 July 2022 |
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High Court enhanced a seven‑year robbery sentence to fourteen years due to being armed, in company, and causing injury.
Criminal law – Robbery – Sentence – Aggravating factors: armed with weapon, acting in company, use of personal violence – Enhancement of sentence on confirmation.
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21 July 2022 |
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Claimant awarded MK6,603,000 for wrongful death using multiplicand‑multiplier and minimum wage for dependency.
Personal injury – wrongful death – entitlement of dependents to sue on behalf of estate; loss of expectation of life – modest/conventional awards; loss of dependency – multiplicand and multiplier; use of minimum wage where income unascertained; one‑third deduction for personal expenses; assessment in defendant’s default.
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20 July 2022 |
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Claimant proved pain and loss of amenities from ankle dislocation; MK3,500,000 awarded; other claims denied.
Personal injury — road traffic accident — ankle dislocation; damages — pain and suffering; loss of amenities; disfigurement not proved; loss of earning capacity not proved; quantum by reference to comparable awards.
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20 July 2022 |
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Application to remove insurer as a party dismissed; policy-limit issue held res judicata and requires evidential proof.
Civil procedure – Order 6 Rule 8 – removal of party; Res judicata – prior determination at assessment of costs; Insurance law – policy limit must be proved by evidence (pleading insufficient); Mediation-derived liability order; Late relitigation vs. appeal.
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20 July 2022 |
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Court confirmed concurrent prison terms for premeditated thefts from employer, finding breach of trust and limited mitigation.
Criminal law – Breaking into a building and committing felony – Sentencing – aggravating factors (premeditation, damage, breach of trust, value of stolen property) – mitigating factors (youth, first offender, recovery of property) – confirmation of concurrent custodial sentences.
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19 July 2022 |
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Summary judgment refused because triable issues exist on contract formation and statutory exclusivity over land compensation.
Civil procedure – summary judgment – Order 12/Rule 26 CPR 17 – refusal where triable issues exist; Contract formation – signed agreement versus contract by conduct; Land Acquisition and Compensation Act s.9 – exclusive ministerial power over land acquisition and compensation; Document reliance – pleading requirements (Order 5 CPR 17).
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18 July 2022 |
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High Court confirmed unlawful wounding conviction and two‑year sentence despite defective plea‑taking, finding no prejudice to the accused.
Criminal procedure — Plea of guilt — adequacy of plea-taking and requirement to elicit lawful‑excuse element; conflicting caution statement versus prosecution facts; unlawful wounding — assessment of safety of conviction; sentencing — mitigation and confirmation of two‑year term.
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18 July 2022 |
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Permission for judicial review was refused where the claimant relied on unsubstantiated assertions about appointment practice, delay and discrimination.
Judicial review — appointment (not promotion) to Supreme Court of Appeal — distinction between appointment and promotion — permission stage requires arguable case and evidence — procedural fairness — Wednesbury unreasonableness — allegations of discrimination (sex, age, regional origin) must be substantiated.
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15 July 2022 |
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Permission for judicial review refused where applicant failed to establish an arguable, evidenced case of unlawful appointment or discrimination.
Judicial review — permission to apply; Appointment to the Supreme Court of Appeal (not promotion) — constitutional procedure; Alleged seniority practice — evidential requirement; Reasonableness/Wednesbury review of delay; Lawful consideration of gender balance and retirement/age; Need for arguable case to proceed to full hearing.
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15 July 2022 |
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Bail denied where accused’s foreign domicile and flight risk outweighed a breach of pre-trial custody limits; expedited trial ordered.
Bail – right under section 42(2)(e) – qualified by interests of justice; State’s burden to show flight risk on balance of probabilities – pre-trial custody limits (s.161) breach not automatic ground for release – expedited trial ordered.
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13 July 2022 |
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Divorce granted for cruelty (denial of conjugal rights); adultery unproven; custody to mother; maintenance and property orders made.
Choice of law – MDFRA v
Divorce Act; Jurisdiction – domicile and subject matter; Matrimonial grounds – desertion, cruelty (denial of conjugal rights) and adultery; Evidence – hearsay and authentication of electronic messages; Child welfare – custody and access; Maintenance and property division; Damages for adultery and statutory gender discrimination; Costs in matrimonial proceedings
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8 July 2022 |
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Decree nisi granted for cruelty (denial of conjugal rights); adultery not proved; Divorce Act applied to pre‑MDFRA marriage.
Statutory interpretation – MDFRA s.3 and s.114(6) – retrospectivity; Divorce Act governs pre‑MDFRA marriages; matrimonial relief – desertion, cruelty (denial of conjugal rights), adultery (insufficient hearsay/technical evidence); custody, maintenance and property distribution; damages for adultery; costs.
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8 July 2022 |
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Whether defendants are liable for private-ward charges before insurer approval when transfer occurred without their proven consent.
Hospital billing; private-ward accommodation; insurer approval; burden of proof on balance of probabilities; unsigned room-request form; inadmissible hearsay; unilateral variation of contract; admission agreement not binding for unagreed extra charges.
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8 July 2022 |
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Permission for judicial review refused where licence revocation for non-payment eliminated any legitimate expectation of renewal.
Judicial review — permission stage — arguable case required — licensing — licence revocation for non-payment — legitimate expectation — duty to communicate decision — interim relief
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8 July 2022 |
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High Court held it cannot re-open IRC factual findings and upheld summary dismissal for unexplained stock shortage.
Labour law – Appeal from Industrial Relations Court – High Court jurisdiction limited to questions of law or jurisdiction (s65 Labour Relations Act) – Findings of fact by IRC final and binding – Summary dismissal for unexplained stock shortage – Claim of subsequent overage not proved.
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7 July 2022 |
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Default judgment set aside where defendant showed reasonable delay explanation and a potentially meritorious defence disputing employment.
Civil procedure — Setting aside default judgment — Order 12 Rule 21 CPR 17 — reasonable explanation for delay (insured documents misplaced) — meritorious defence (dispute over employment and occurrence of accident) — interest of justice — costs awarded to claimant to date.
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6 July 2022 |
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Interlocutory mandatory injunction discharged where claimant failed to show a serious triable issue and sought final relief prematurely.
Land law — Interlocutory relief — Requirement of a serious question to be tried — Interim mandatory injunctions exceptional — Quashing administrative allocation inappropriate at interlocutory stage.
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1 July 2022 |
| June 2022 |
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Defendants held in contempt for disobeying an injunction, but court declined to convict due to disputed title.
Contempt of court – interlocutory injunction – obedience to court orders until discharged – disputed title and letters of administration – discretion not to convict.
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30 June 2022 |
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Employment-related claims must be commenced in the Industrial Relations Court; the High Court should decline first-instance jurisdiction.
Constitutional and statutory jurisdiction — Industrial Relations Court as first-instance forum for employment disputes — section 110(2) Constitution; Labour Relations Act s64 — transfer of employment claims — High Court declining jurisdiction where specialised court exists.
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30 June 2022 |
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Claimant failed to prove bus driver's negligence; collision held caused by truck driver veering to avoid a cyclist, claim dismissed.
'Negligence' – duty of care and breach; burden and standard of proof in civil cases; causation in road traffic collisions; res ipsa loquitur – inapplicable where claimant's evidence is inconsistent; submission of no case to answer in civil proceedings; costs—court's discretion.
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27 June 2022 |
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The claimant was awarded K7,028,000 for pain, loss of amenities, disfigurement and special damages after a road accident.
Personal injury — assessment of damages — fractures of tibia and fibula and facial bruising — non‑pecuniary heads: pain and suffering, loss of amenities, disfigurement — reliance on comparative awards — special damages for report costs — costs awarded.
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24 June 2022 |
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24 June 2022 |
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Claimant awarded K7,000,000 for pain, loss of amenities and disfigurement from a workplace hand injury; special damages denied.
Personal injury — Workplace accident — Assessment of damages — Non-pecuniary damages: pain and suffering, loss of amenities, disfigurement — Quantum awarded K7,000,000 — Special damages not proved — Costs awarded.
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24 June 2022 |
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Minor injured in road accident awarded K14,013,500 for amputation, pain, loss of amenities, and disfigurement.
Personal injury — Road traffic accident — Amputation and multiple fractures — Assessment of damages by Registrar — Awards for pain and suffering, loss of amenities and disfigurement — Special damages for police and medical reports — Payment into trust account for minor.
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24 June 2022 |
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Court awarded K4,000,000 for death of an 11‑year‑old, using comparable awards and reasonable future probabilities for dependency.
Damages — Wrongful death of a child — Loss of expectation of life guided by comparable awards; Loss of dependency for non‑working child assessed by reasonable future probabilities (not multiplier–multiplicand).
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24 June 2022 |
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Assessment of non-pecuniary damages for three injured claimants; psychological effects not awarded without evidence.
Damages assessment — non-pecuniary losses (pain and suffering, loss of amenities, disfigurement) — need for evidence to prove psychological injury — awards to minors and trustee account for guardian access.
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24 June 2022 |
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Claimant awarded MK4,810,000 for proven minor head and limb injuries; traumatic brain injury claim rejected.
Personal injury — Assessment of quantum — Pain and suffering, loss of amenities and disfigurement — Loss of earnings and earning capacity — Insufficiency of evidence for traumatic brain injury and undocumented business income — Use of comparable awards.
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23 June 2022 |
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A defendant’s preliminary objection was dismissed for failing to follow court direction to pursue an inter-partes challenge to a consent order.
Civil procedure – consent order alleged entered by mistake – ex parte application to stay or set aside vs inter-partes procedure – preliminary objection at assessment hearing improper where party failed to follow court direction – dismissal with costs.
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23 June 2022 |
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High Court set aside magistrate's costs order against counsel, holding no statutory authority for such costs on adjournment.
High Court supervisory jurisdiction — Sections 25 and 26 Courts Act; s360 Criminal Procedure and Evidence Code — power to call records and review subordinate courts; Magistrates' power to award costs — statutory basis required; Criminal proceedings — presumption against awarding costs; Adjournment — discretionary but cannot found costs order absent statutory authority; Section 142 CP&E Code — costs permissible on conviction/acquittal or where private prosecutor had no reasonable grounds.
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22 June 2022 |
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Driver negligent; deceased partly contributory — liability apportioned 70/30 and insurer liable up to policy limit.
Road traffic accident — Driver negligence for failing to slow/stop — Eyewitness credibility — Contributory negligence by pedestrian — Apportionment of liability (70%/30%) — Insurer liability subject to policy limit (s.148(1) Road Traffic Act).
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22 June 2022 |
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Court awarded K2,000,000 for expectation and K2,000,000 for dependency after an 11‑year‑old's death; multiplier method rejected for non‑earning child.
Personal injury — fatal road accident — assessment of damages — loss of expectation of life — loss of dependency — child of non‑working age — comparable awards preferred; multiplier‑multiplicand method inappropriate for non‑earning child.
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22 June 2022 |
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Whether criminal libel under section 200 unreasonably restricts freedom of expression and warrants certification and a stay.
Constitutional law — Freedom of expression — Criminal libel (s.200 Penal Code) — Section 35 and limitation test under s.44 Constitution — ICCPR art.19 and ACHPR art.9(2) — de Morais v Angola; Lohe Issa Konate v Burkina Faso — Referral to Chief Justice under s.9(3) Courts Act — High Court inherent jurisdiction — Civil Procedure Rules O.19 limited to civil matters — Stay of subordinate court proceedings.
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20 June 2022 |
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Court enhanced defilement sentence to 18 years, finding aggravating factors outweighed mitigating circumstances.
Criminal law – Defilement – Sentencing and sentence enhancement – Aggravating factors (victim’s age, premeditation, prevalence of offence, not‑guilty plea) vs mitigating factors (youth, first offender) – Consent not established; deterrence and protection of girl child.
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20 June 2022 |
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Claimant failed to prove driver negligence; collision likely occurred while claimant was joining the main road.
Negligence — duty of care — burden of proof on balance of probabilities — point of impact disputed — evidential weight of police report and fine.
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18 June 2022 |
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The defendant held liable for breach of statutory safety duty after unguarded conveyor laces caught the plaintiff's jacket.
Occupational safety — employer's statutory duty and negligence — guarding of machinery (conveyor laces) — credibility of post-accident investigations; failure to call material witnesses.
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17 June 2022 |