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Citation
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Judgment date
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| March 2022 |
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High Court reviews magistrate's interlocutory refusal, orders PSU report released and investigators compelled to testify for fair trial.
Criminal procedure — High Court review of subordinate court interlocutory orders; fair trial rights and disclosure under Section 42(2)(f) of the Constitution; relevance and compellability of Professional Standards Unit investigators; Sections 25–26 Courts Act and Sections 195, 201, 360, 362 CP&EC.
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8 March 2022 |
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On appeal, a seven-year custodial sentence for acts intended to cause grievous harm was held not manifestly excessive and was confirmed.
Criminal law — sentencing for acts intended to cause grievous harm (s235 Penal Code) — appellate review of sentence — manifest excess or error in principle required to interfere; observation of injuries in court (s260); intoxication and premeditation issues; mitigating factors considered.
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8 March 2022 |
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Appellate court confirmed seven-year custodial sentence for acts intended to cause grievous harm, finding it not manifestly excessive.
Criminal law – Sentencing – Acts intended to cause grievous harm (s235 Penal Code) – Appellate review of sentence – manifestly excessive/wrong in principle – consideration of mitigating factors (first offender, guilty plea, youth) – alleged intoxication – evaluation of visible injuries without medical report.
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8 March 2022 |
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Court summarily dismissed application to transfer an appeal to the Principal Registry, directing re-filing at Lilongwe and payment of fees.
Criminal procedure — Forum for appeals — Administrative practice requiring Dedza matters to be remitted to High Court Lilongwe District Registry; Motion to change registry lacking legal authority; Irrelevance of relatives’ presence; Section 351 CP & EC and High Court’s appellate handling powers.
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7 March 2022 |
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Court granted bail pending trial for accused murder suspects, applying Bail Guidelines and imposing conditions.
Bail pending trial — murder charge — Bail Guidelines Act factors (evasion, witness interference, danger, public order) — court's duty to weigh accused’s personal circumstances — conditions of bail — direction to expedite committal and disclosure.
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4 March 2022 |
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Applicant on prolonged remand granted bail where prosecution did not oppose and trial was not imminent.
Bail — Right to bail under Constitution s.42(2)(e) — Bail Guidelines Act 2000 factors — Interests of justice — Prolonged remand — Burden on prosecution to justify detention.
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4 March 2022 |
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Prolonged pre-trial detention without imminent trial justified grant of bail after balancing accused’s circumstances against interests of justice.
Criminal procedure – Bail pending trial – Interests of justice under s.42(2)(e) Constitution – Bail Guidelines Act 2000 factors (flight risk, witness interference, danger to community, public order) – Prolonged pre-trial detention – Duty of State to demonstrate why bail should be refused – Court’s independent balancing duty.
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4 March 2022 |
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Applicant on murder charge granted conditional bail pending trial; court weighed Bail Guidelines and ordered expedited steps.
Bail pending trial; Bail Guidelines Act — criteria (flight risk, witness interference, danger to community, public order); Section 9 — weighing accused’s personal interests against interests of justice; conditional bail and direction to expedite trial.
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4 March 2022 |
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Magistrates' courts lack jurisdiction to hear workplace injury claims commenced under the Workers’ Compensation Act.
Jurisdiction — statutory nature of jurisdiction; Workers’ Compensation Act — limited conferment of jurisdiction to Chief Resident Magistrate (appeals and enforcement); subordinate courts lack jurisdiction to hear claims commenced under the Act; section 63 — preservation of civil suits in respect of negligence subject to set-off provisos; amendment cannot cure absence of jurisdiction.
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4 March 2022 |
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Claim dismissed for failure to prove the bottle's origin, causation, and actionable nervous shock.
Product liability – manufacturer’s duty of care; proof of origin and causation; res ipsa loquitur inapplicable where product was not under sole control; requirement of medical and scientific evidence to establish nervous shock and nexus to contaminants.
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2 March 2022 |
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Claimant failed to substantiate claim by sworn evidence; summary judgment declined and matter referred to mediation.
Civil procedure — Summary judgment — Order 12 rules 23–26 — Claimant must substantiate plea by sworn statement; pleadings alone insufficient — Deficient defence should be challenged by strike-out, not summary judgment — Guidance from Easyair (EWHC).
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1 March 2022 |
| February 2022 |
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The claimant succeeded in libel where false, malicious imputations defeated fair-comment and privilege defences; apologies and damages ordered.
Defamation (libel) – public interest reporting – fair comment and qualified privilege – malice defeats privilege – justification (truth) and burden of proof – remedies: apology, damages, costs.
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28 February 2022 |
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Rehearing allowed limited to cross‑examination where defaulting defendant showed promptness, good reason, and reasonable prospects.
Civil procedure – rehearing of judgment entered in absence – Order 16 r 7 – promptness, good reason (law‑firm software failure), reasonable prospects – sealing and citation defects not fatal.
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25 February 2022 |
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A bare/general denial contrary to CPR Order 7 warrants striking out the defence and judgment for the claimant.
Civil Procedure Rules 2017 — Order 7 Rules 6 & 7 — pleading requirements; general/bare denial; strike out of defence; holding defences; amendment of statement of case; interlocutory procedure; duty to exhibit amended pleadings and file skeleton arguments.
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24 February 2022 |
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Sworn statements containing legal argument and opinion may be expunged; expert evidence requires prior court permission.
Civil procedure — Admissibility of affidavits — Order 18 r6: affidavits must contain facts deponable from personal knowledge, not legal argument or opinion — Expert evidence — Order 17 r19: court permission required to call expert evidence; must identify issue requiring expert — Points of law — Order 16 r6(2): where facts agreed, court may decide questions of law — Striking defective affidavits; nullity where admissible and inadmissible material interwoven.
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18 February 2022 |
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An order that terminates prosecution and sets accused at liberty constitutes a final, appealable order under section 346.
Criminal procedure – Appealability of subordinate court rulings – Meaning of "order" in s.346 – Distinction between interlocutory and final orders – Stay/entrapment orders and release of accused as final and appealable – High Court review jurisdiction in criminal matters.
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17 February 2022 |
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Assessment awarded K6,313,282.84 for fire losses; negligence is not a separate head of damage; police inventory and quotations accepted.
Civil damages — assessment after default judgment — admissibility of police report and market quotations for special damages — negligence not a distinct head of damage — restitutionary approach with uplift for delay.
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16 February 2022 |
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Application to amend notice of appeal and stay enforcement is premature until the appeal record is settled; interim non-enforcement ordered.
Civil procedure – Appeals – Entry of appeal; Order 111 rules 10, 11 and 19 – Record of appeal must be settled and filed before Supreme Court is seized – Applications to amend notice of appeal or stay enforcement premature until appeal entered – Interim restraint on enforcement pending record settlement – Costs each party to bear.
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15 February 2022 |
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Administrator General appointed; Letters of Administration revoked; audit and restitution ordered after veil lifted and fraudulent asset disposals found.
Probate and intestacy – scope of estate – distinguishing personal assets from company assets – lifting corporate veil where company used to defeat inheritance rights – revocation of Letters of Administration obtained by material misrepresentation – appointment of Administrator General – audit and restitution orders – protection of minor dependants.
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15 February 2022 |
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Claimant proved a likely forged transfer to a subsequently-created trust; court ordered rectification restoring original joint ownership.
Registered Land Act – registration vests leasehold title; transfer by instrument — requirement of prescribed form and witnessing; alleged forgery of transfer — proof on balance of probabilities; transfer to trust created after transfer — invalid; rectification of register for fraudulently obtained registration.
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14 February 2022 |
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Landlord's failure to remove prior occupiers constituted breach; frustration, insurance and arbitration defenses rejected.
Contract law — valid written contracts for traffic management — landlord's duty to provide access and remove prior occupiers — frustration by third party; foreseeability and prior knowledge — insurance clause and arbitration clause do not absolve landlord from liability for fundamental breach — damages for loss of contract performance.
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10 February 2022 |
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A prior summary judgment on liability does not automatically bind new claimants; each must litigate negligence on the merits.
Civil procedure – summary judgment – res judicata – effect of prior judgment on separate claimants – consent order as compromise on damages – negligence claims from quarry blasting.
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10 February 2022 |
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Whether section 9’s Preliminary Inquiry follows CP&EC Part VIII, witness presence, authentication, and reconciling treaty obligations.
Extradition — Preliminary Inquiry under section 9 Extradition Act — Part VIII CP&EC applies mutatis mutandis; extradition character: criminal; witness presence — physical preferred but virtual allowed in appropriate cases; evidence taken before foreign competent court under Evidence by Commissions Act effective; authentication governed by section 13 Extradition Act; treaty obligations (pacta sunt servanda) to be respected when possible.
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8 February 2022 |
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Preliminary inquiries under the Extradition Act follow Part VIII CP & EC; witnesses’ physical presence is preferred but may be dispensed with under defined procedures.
Extradition law – section 9 Preliminary Inquiry construed as Part VIII CP & EC preliminaries; extradition committal is criminal in nature; Criminal Division has jurisdiction to review committals; witness presence preferred but not absolute—virtual testimony or foreign court examination permissible; authentication governed by section 13 of the Extradition Act and Evidence by Commissions Act.
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8 February 2022 |
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An application to reopen a final 2016 disciplinary disbarment was rejected: the High Court had jurisdiction, gave adequate notice, and was functus officio.
Legal practitioners — Disciplinary jurisdiction of High Court under s.21 Legal Education and Legal Practitioners Act — Reasonable opportunity to be heard via national publication and Malawi Law Society involvement — Functus officio and finality of judgments — Abuse of process in reopening final disciplinary orders.
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8 February 2022 |
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High Court may review subordinate court decisions, including interlocutory rulings, to protect fair trial rights after late disclosure.
Constitutional and statutory review — High Court supervisory jurisdiction over subordinate courts — Sections 25–28 Courts Act and sections 360–363 Criminal Procedure and Evidence Code — party-initiated and interlocutory review — adjournment and fair trial rights following late disclosure.
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8 February 2022 |
| January 2022 |
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Claimant awarded K20,000,000 for false imprisonment, defamation, malicious prosecution and assault.
Damages assessment — false imprisonment (21 days): rejection of hourly formula; awards for defamation, malicious prosecution and assault and battery; reliance on comparable Malawian authorities; defendant absent at assessment.
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31 January 2022 |
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Embargo and factory closure under s149 were unlawful absent proceedings; search warrant did not justify closure.
Customs & Excise Act s149 (embargo) — scope and limits; s15(1)(a) — search warrants and securing premises; corporate separate legal personality; procedural fairness/hearing; embargo invalid absent connected proceedings.
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28 January 2022 |
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A registrar lacks jurisdiction to grant post-judgment amendments; such applications must be determined by the judge seized of the case.
Civil procedure – Amendment of statement of case – Order 7 r 23 – Permission required after closure – Registrar’s jurisdiction under Courts Act and CPR – Order 25 limits Registrar’s automatic powers – Post-judgment/amendment at assessment stage must be determined by the Judge.
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28 January 2022 |
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Court granted interlocutory injunction preventing disposal of seized vehicles where ownership and legality of seizure were triable issues.
Judicial review – Interlocutory injunction – Application of American Cyanamid test (serious question to be tried; damages inadequate; balance of convenience) – Seizure of property during searches – Ownership disputes and alleged connection to criminal proceedings – Preservation of status quo pending trial.
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28 January 2022 |
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The claimant (DPP) may bring civil preservation proceedings under the FCA; ex parte preservation orders are constitutionally permissible.
Constitutional interpretation — purposive and contextual approach; Financial Crimes Act — competent authority; DPP's locus to institute civil preservation proceedings; Ex parte preservation orders — interim in rem relief to secure tainted property; Compatibility of FCA preservation regime with rights to fair hearing, presumption of innocence, property and dignity; Retrospectivity of non-penal statutory provisions.
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26 January 2022 |
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Appellants' custodial sentences for organised forest destruction and squatting upheld as aggravating factors outweighed mitigation.
Criminal law – Sentencing – Forestry offences (destruction of forest produce, squatting) – First offender and guilty plea as mitigating factors – Option of fine and suspended sentences – Group commission, premeditation and injuries to law enforcement as aggravating factors – Sentences upheld.
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26 January 2022 |
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Court declared a lease void as unlawfully depriving clan members of customary land and ordered its cancellation.
Customary land — Lease procured without clan consultation — Unlawful deprivation of property — Section 28 Constitution — Transaction void — Order to cancel lease — Costs against lessee.
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25 January 2022 |
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Unlawful arrests without reasonable suspicion caused false imprisonment, reputational harm and business loss; malicious prosecution claim failed.
Constitutional and common-law protections of personal liberty — arrest and detention; False imprisonment — requirement of reasonable suspicion and informing arrested persons of reasons; Malicious prosecution — requirement of termination in favour and absence of probable cause; Defamation — publication and reputational injury arising from state-instigated arrests and resultant media coverage; Loss of business — damages for confiscation and non-use of business equipment.
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25 January 2022 |
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Appellate court will not overturn a trial court’s land ownership finding absent demonstrable misdirection, prejudice, or supporting evidence.
Land law – ownership dispute over customary/communal land – mkamwini’s capacity to own land – appellate review of factual findings – requirement to show misdirection or prejudice – unsubstantiated allegations of corruption and procedural irregularity insufficient to overturn judgment.
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24 January 2022 |
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On the balance of probabilities the claimant’s research was plagiarised; university lawfully withheld the degree but claimant may rewrite and resubmit.
Academic misconduct – Plagiarism – University disciplinary powers under Students' Handbook – Burden of proof on balance of probabilities – Withdrawal or withholding of degree – Right to education and permissible limitations.
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24 January 2022 |
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Estate duty must be assessed under the schedule in force at the deceased's date of death, not later amendments.
Estate duty — applicable rate determined by Schedule in force at deceased's date of death — amendments to Estate Duty Act not retrospective — valuation for estate duty at time of death — requirement for fresh assessment by Estate Duty Commissioner.
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21 January 2022 |
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Court refused permission for judicial review of recall/shipping arrangements, finding damages and alternative remedies adequate, and dismissed stay.
Judicial review — recall of diplomats and shipping arrangements — legitimate expectation, Wednesbury unreasonableness, bad faith — adequacy of damages and alternative remedies — stay of administrative decision.
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20 January 2022 |
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Claimant awarded policy-limit damages for pain, suffering, loss of amenities and disfigurement following a vehicle rollover.
Motor vehicle accident – assessment of damages – pain and suffering; loss of amenities; disfigurement – consent order limiting liability to policy limit – award of policy limit balance and costs.
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19 January 2022 |
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An acquittal alone does not establish malicious prosecution; claimant must prove lack of probable cause and malice.
Malicious prosecution — elements (initiation, absence of reasonable and probable cause, malice, favourable termination) — acquittal alone insufficient to prove malice or lack of probable cause — burden of proof on claimant.
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19 January 2022 |
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An acquittal does not prove malicious prosecution absent proof of lack of reasonable cause and malice.
Malicious prosecution — elements: initiation, reasonable and probable cause, malice, termination in favour — acquittal alone insufficient where prosecution established prima facie case — burden of proof on claimant.
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19 January 2022 |
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Court imposed 30 years’ imprisonment for rape by a police officer on duty, emphasizing breach of trust and serious aggravating factors.
Criminal law – Sentencing in rape cases – aggravating factors: police officer on duty, breach of position of trust, commission within police station, repeated assaults, victim youth – mitigation: first offender – application of defilement sentencing guideline to rape – absence of medical report not fatal to finding of harm.
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18 January 2022 |
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The accused, a police officer on duty, received 30 years' imprisonment for raping a detainee at a police station.
Criminal law — Rape — Sentencing — Position of trust and commission while on duty at police station as aggravating factors — Repeated sexual assaults and detention — Absence of medical report not fatal where credible testimonial evidence of harm exists — Custodial sentence appropriate.
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18 January 2022 |
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Application for judicial review dismissed for lack of proper parties, locus standi and suppression of material facts.
Judicial review — proper parties and mode of commencement — locus standi (sufficient interest) — prematurity and hypothetical claims — suppression/misrepresentation of material facts — international instruments and domestic enforceability (section 211).
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13 January 2022 |
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Leave for judicial review and interim relief refused: wrong defendants, lack of locus standi, premature challenge and material non-disclosure.
Judicial review — proper parties and joinder — locus standi (sufficient interest) — ripeness of administrative action — suppression/misrepresentation of material facts — refusal of leave and interim relief; costs awarded.
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13 January 2022 |
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Confessions admissible but not binding on co‑accused absent adoption; two acquitted, three ordered to enter defence.
Criminal law – prima facie case at no-case stage – section 254 CP&EC; Confessions – admissibility and retraction – section 176 CP&EC; Confession against co‑accused – adoption required under s176(2); Proof of death – recovery and forensic identification of human bones; Charges – murder, extraction of human tissue, trafficking in persons.
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12 January 2022 |
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An automatic stay under Order 35 r.15 applied; the defendant’s strike-out application was improperly brought without vacating the stay.
Civil procedure — Order 35 r.15 automatic stay of existing proceedings not brought before Court within six months of Rules' commencement; requirement to apply to vacate stay under r.15(2); non-compliance remedies under Order 2 r.3; strike-out application invalid if brought during automatic stay.
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11 January 2022 |
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Insurer not liable absent proof of a valid policy; claimant awarded costs due to insurer's withholding of vital information.
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11 January 2022 |
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Applicant on prolonged pre-trial remand granted bail where prosecution did not oppose and custody limits had elapsed.
Bail pending trial – interests of justice – Bail Guidelines Act factors (flight risk, witness interference, danger to community, public order) – burden on State to justify continued detention – prolonged pre-trial remand – conditional bail and directions to prosecute.
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6 January 2022 |
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6 January 2022 |