Results.
101 judgments found.
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| July 2026 |
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3 July 2026 |
| June 2026 |
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11 June 2026 |
| May 2026 |
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21 May 2026 |
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21 May 2026 |
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Sale of matrimonial property set aside for procedural impropriety in valuation and sale; former counsel summoned to show cause.
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Family Law — Property Distribution — Setting aside ex parte sale order for matrimonial property due to procedural impropriety and lack of transparent valuation procurement
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Administrative Law — Natural Justice and Public Procurement — Duty to ensure transparency, paper‑trail and avoidance of appearance of bias when a public office appoints a service provider
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Legal Ethics — Duty of Legal Practitioner — Failure to communicate with client and potential breach of officer‑of‑court obligations (show‑cause proceedings)
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19 May 2026 |
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High Court discharged judicial review leave because the dispute is predominantly a private employment matter for the Industrial Relations Court.
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Administrative law — Judicial review — Public vs private law — Dominant‑factor test for employment suspensions
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Labour law — Jurisdiction — Industrial Relations Court as specialised forum — Alternative and effective remedy bars High Court judicial review
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19 May 2026 |
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18 May 2026 |
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15 May 2026 |
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Claimant proved malicious prosecution and false imprisonment instigated by the defendant, but defamation and special damages failed.
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Tort — Malicious prosecution — Instigation by private party to police; elements: prosecution by defendant, termination in favour, absence of reasonable and probable cause, malice
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15 May 2026 |
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15 May 2026 |
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15 May 2026 |
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15 May 2026 |
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13 May 2026 |
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13 May 2026 |
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13 May 2026 |
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11 May 2026 |
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IRC may determine statutory discrimination claims; discrimination found and compensation to be recalculated without arbitrary boost.
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Employment law — Workplace discrimination — Recruitment and prospective employees — Employer liability under Employment Act ss 5–7 for discriminatory referral and restoration remedies
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Civil procedure — Jurisdiction — Industrial Relations Court jurisdiction over statutory discrimination claims but not torts (defamation, breach, inducement) — Employment Act ss 3,7
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Remedies — Assessment of compensation — Currency denomination and boosting — Dollarization and reassessment ordered; arbitrary percentage boosts set aside
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8 May 2026 |
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8 May 2026 |
| April 2026 |
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15 April 2026 |
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15 April 2026 |
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14 April 2026 |
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Order to set aside default judgment
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9 April 2026 |
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9 April 2026 |
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8 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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18 March 2026 |
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12 March 2026 |
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10 March 2026 |
| February 2026 |
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27 February 2026 |
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19 February 2026 |
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18 February 2026 |
| December 2025 |
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18 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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Court held that marriages cannot be dissolved by private consent; divorce established for desertion and property split 30:70.
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Family Law
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Divorce — Whether parties can dissolve a marriage by mutual consent without court decree
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Jurisdiction — Determination of marriage type and validity before granting divorce
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Matrimonial Property — Distribution principles and evidentiary requirements for customary practices
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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 |
| 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 |
| August 2025 |
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12 August 2025 |
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11 August 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 |
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9 May 2025 |
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2 May 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 |
| December 2024 |
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Whether a stay pending appeal should be granted where employer alleges appeal merits but cites financial incapacity.
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Labour law — stay of execution pending appeal — criteria for granting stay (prima facie merits, nugatory appeal, prejudice) — unfair dismissal — retrenchment — consultation — ultra vires ministerial action — financial incapacity not determinative.
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23 December 2024 |
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18 December 2024 |
| October 2024 |
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Insurer subrogation succeeds where driver of BR 398 failed to give way, entitling recovery of MK15,390,000 plus interest and costs.
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Road traffic negligence — duty to give way at junction; proof by photographs and damage pattern; insurer’s right of subrogation to sue in insured’s name; discretion to admit late documents under frontloading rules; award of compound interest and costs.
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18 October 2024 |