Results.
112 judgments found.
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| 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 |
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The court ceased jurisdiction after referral to arbitration and declined to entertain further applications.
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Arbitration law — Referral to arbitration cedes court jurisdiction — Court obliged to honour arbitration agreement; inability to hear matters once jurisdiction ceded; procedural delay attributable to counsel’s failure to appoint arbitrator.
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16 October 2024 |
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Registrar rejects originating summons as procedurally defective, abusive, and brought by a claimant lacking standing.
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9 October 2024 |
| September 2024 |
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Court refused to forfeit a bonded motor vehicle for late passport surrender, applying substantial justice and not punishing counsel‑caused delay.
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Bail conditions — bonded property — forfeiture for non‑compliance; substantial justice over technicality; liability for counsel’s procedural failures; exercise of judicial leniency.
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17 September 2024 |
| August 2024 |
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Permission for judicial review refused because the Assistant Registrar’s act was judicial and appeal, not review, was the appropriate remedy.
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Judicial review — Registrar’s functions — Issuance/rejection of court processes as judicial acts — Amenability to judicial review vs appeal — Alternative remedy (appeal) required before review — Natural justice and ultra vires challenge to admission-to-bar decision.
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12 August 2024 |
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Permission to seek judicial review denied because the Registrar acted in a judicial capacity and an appeal, not review, was the appropriate remedy.
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Administrative law — judicial review — registrar’s issuance of court processes is a judicial function; decisions by a registrar exercising judicial power are not amenable to judicial review but to appeal; judicial review is a remedy of last resort where alternative remedies exist.
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12 August 2024 |
| July 2024 |
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Claims of negligence and defamation against auditors over a confidential forensic report dismissed; no duty owed to the claimant.
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Auditor liability — duty of care limited to commissioning client; negligent misstatement — proximity and foreseeability; defamation — necessity of adoption and publication; confidentiality and court-ordered disclosure; compliance with ISRS 4400.
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31 July 2024 |
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Applicants detained beyond the 90-day pretrial limit for murder; court found detention unlawful and ordered conditional release on bail.
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Constitutional right to challenge detention (s42) — pre-trial custody limit for murder (s161G CP & EC) — power to grant bail after expiry of custody time limit (s161I CP & EC) — unlawful detention — release on bail with conditions.
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29 July 2024 |
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Removal of a village headman without being heard breached natural justice and was quashed.
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Administrative law — Judicial review — Procedural fairness and natural justice; section 43 Constitution (administrative justice); Chiefs Act s.9 — appointment/removal of village headmen; interpretation of administrative circular; Wednesbury unreasonableness; remedy — certiorari and costs.
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26 July 2024 |
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Consent judgment ordering defendants to pay claimant, third party to refund failed forward-exchange proceeds, and State to ensure funding.
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Civil procedure — Consent judgment — Settlement enforcement; Commercial/contract law — refund for total failure of consideration under modified forward exchange contract; Escrow/escrow-account directions — joint control, restricted release and priority of disbursement; State involvement — direction to ensure funding to satisfy judgment.
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22 July 2024 |
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Default judgment for terminal benefits is not taxable; collection costs payable but without interest, Registrar to assess.
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Taxation of judgment debts — terminal/post-employment benefits — characterization of monthly payments as net versus gross — prohibition on double taxation — collection costs payable but no interest — Registrar to assess collection costs.
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22 July 2024 |
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Failure to inform an unrepresented accused of statutory defences in defilement proceedings vitiates the conviction and mandates retrial.
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Criminal procedure — Plea of guilty — s251(2) CP&EC — requirement to ascertain accused understands nature and consequences of plea; Criminal law — Defilement — s138 Penal Code — statutory defences (age-difference/consent) — duty of trial court to explain defences to unrepresented accused; Fair trial — omission to inform of defences vitiates conviction — conviction reversed and retrial ordered.
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21 July 2024 |
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Failure to comply with scheduling conference directions justified striking out the 1st defendant’s defence and dismissing its counterclaim.
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Civil procedure — scheduling conference directions — mandatory compliance with Order 14 — effect of non-compliance (Order 14 r.5) — striking out defence and dismissal of counterclaim as sanction — section 47 General Interpretation Act inapplicable to court directions — good cause required to avoid sanctions.
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17 July 2024 |
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The claimant cannot sue defendants to set aside a consent judgment for alleged former-counsel misconduct; action dismissed with prejudice.
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Civil procedure — Consent orders — Setting aside consent judgment — Grounds required: mistake/fraud or material/supervening change — Pleading particularity — Misconduct by former counsel is remedy against counsel, not basis against opposing parties — Frivolous/vexatious actions and abuse of process — Dismissal with prejudice and costs.
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17 July 2024 |
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Attempt to set aside a consent judgment dismissed as frivolous; claimant should sue former lawyers or enforce the order.
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Civil procedure — setting aside consent orders — requirement to plead mistake, misrepresentation or material supervening change — abuse of process — remedy against former lawyers or by enforcing consent judgment.
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17 July 2024 |
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Action to set aside a consent order dismissed as disclosing no reasonable cause and an abuse of court process.
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Civil procedure — setting aside consent orders — necessity to plead and particularise mistake, misrepresentation or material supervening event; remedies against former lawyers versus setting aside consent judgment; dismissal for frivolous, vexatious or abusive proceedings.
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17 July 2024 |
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Claimant failed to prove ownership or arbitrary appropriation; land was likely acquired via community consent and compensated, claim dismissed with costs.
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Property law — proof of ownership and representative capacity — arbitrary appropriation of land — customary land acquisition procedures and compensation — evidential burden and failure to call material witness.
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17 July 2024 |
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Driver negligent; claimant partly contributorily negligent; liability apportioned 60% defendants, 40% claimant; insurer limited by policy.
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Road traffic negligence — duty of care and lookout — narrow road and large vehicle — contributory negligence — apportionment 60/40 — vicarious liability of owner — insurer liability subject to policy limit (includes party-and-party costs).
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15 July 2024 |
| June 2024 |
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Court upheld Penal Code provisions criminalising certain same-sex sexual conduct and dismissed constitutionality challenges.
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Constitutional law — Criminal law — Sections 153(a), 154, 156 Penal Code — Whether offences criminalising "carnal knowledge against the order of nature", attempts and male-on-male gross indecency violate rights to equality, privacy, dignity, personal liberty and fair trial — Interpretation of the Constitution — Scope of right to privacy — Presumption of constitutionality — Locus standi — Referral procedure for constitutional questions.
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28 June 2024 |
| April 2024 |
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Court awarded MK6,000,000 compensatory damages for defamation but declined exemplary damages for lack of malicious publication.
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Defamation — libel for alleged robbery; compensatory damages awarded MK6,000,000 — exemplary damages refused for lack of malicious/guilty knowledge; claimant failed to prove pecuniary loss; damages must be pleaded and proved (Order 7 r.21); courts must balance reputation remedies with press freedom; UK personal-injury comparator not adopted.
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19 April 2024 |
| February 2024 |
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Employer did not breach statutory or common‑law duty; claimant failed to prove negligence and was himself negligent, claim dismissed with costs.
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Occupational safety — Employer's duty of care under Occupational Health, Safety and Welfare Act — Employee's reciprocal duty to take reasonable care — Proof of negligence on balance of probabilities — Contributory negligence and credibility findings.
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28 February 2024 |
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An applicant cannot obtain leave to appeal to the SCA on an interlocutory matter without certified lower-court refusal and procedural propriety.
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Civil procedure — Leave to appeal — Requirement to seek leave in the court below and to produce certified refusal before approaching appellate court — Interlocutory/non-final matters not appealable — Procedural propriety for litigants in person.
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19 February 2024 |
| January 2024 |
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Claimant failed to prove defendant’s negligence or statutory breach in fire allegedly caused by high voltage; claim dismissed with costs.
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Tort — Negligence in electricity supply; causation; high voltage vs high current; short-circuit principles; res ipsa loquitur inapplicable; statutory reporting/arbitration (MERA) not mandatory.
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25 January 2024 |
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Court dismissed both claim and counterclaim for want of prosecution after 35 months' inaction.
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Civil procedure — dismissal for want of prosecution — Order 12 r 54 — inordinate and inexcusable delay — abuse of court process — counterclaim also dismissed — costs: each party to bear own costs.
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25 January 2024 |
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Both claim and counterclaim dismissed for want of prosecution after 35 months' inaction; each party to bear its own costs.
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Civil procedure — Dismissal for want of prosecution under Order 12, rule 54 — Inordinate delay and abuse of process — Counterclaim also dismissed — Overriding objective and case-management non-compliance — Costs: each party to bear own costs.
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25 January 2024 |
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Court set aside a without-notice injunction after the claimant failed to comply with filing, service and attendance conditions.
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Civil procedure — interlocutory injunctions — without-notice orders — inherent power to set aside/discharge suo motu — non-compliance with terms (filing, service, attendance) — Order 10 r.27 — overriding objective.
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22 January 2024 |
| October 2023 |
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Whether a trust can be incorporated without statutory compliance and who may properly represent the corporate claimant.
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Trustees incorporation — compliance with Trustees Incorporation Act and Trustees Incorporation Rules; requirement to examine Form A, constitutions, fees and verified signatures — Wednesbury unreasonableness — quashing order (certiorari) — nullity of forged certificate — locus standi and proper corporate representation.
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27 October 2023 |
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Accused discharged under section 247(1) after 15-year prosecutorial dormancy and State's unwillingness to proceed.
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Criminal procedure — Prosecutorial delay — Discharge under section 247(1) of the Criminal Procedure and Evidence Code — Discontinuance under section 77(1) limited to DPP — Section 286 remedies for delay — Right to fair trial within a reasonable time.
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18 October 2023 |
| November 2022 |
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Court granted injunctions, demolition and damages where defendant’s predecessor unlawfully encroached public road and claimant’s land.
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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 |
| 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.
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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 |
| April 2022 |
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Documents filed by the respondents' unlicensed counsel were declared nullities and the applicant’s provisional injunction was set aside.
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21 April 2022 |
| January 2021 |
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26 January 2021 |
| November 2020 |
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Unlawful government dispossession prevents successors acquiring title by adverse possession; plaintiff's claim was not time‑barred due to disability.
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Property Law — Adverse Possession and Prescription — Whether successors to an unlawful dispossessor can acquire title by possession — Registered Land Act s134(1)
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Limitation — Disability and Extension — Effect of oppressive political regime and subsequent discovery on running of limitation — Limitation Act ss6, 21
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11 November 2020 |
| August 2019 |
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A court-ordered settlement is a consent judgment and can only be set aside by fresh proceedings showing fraud, mistake, or misrepresentation.
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Civil procedure — Settlement agreements executed in court are deemed judgments — No appeal lies against such agreements — Setting aside requires fresh proceedings and proof of fraud, mutual mistake or misrepresentation — Consent-judgment principles apply to mediation settlements.
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14 August 2019 |
| October 2018 |
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Claim dismissed: no proved contract, LPOs were forged and the employee lacked authority to bind the defendant.
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Contract formation — offer and acceptance — proof of agreement; Public procurement — RFQ/open tender requirements for high‑value contracts; Forgery — forged LPOs are nullities; Agency — actual and ostensible authority; Burden of proof.
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24 October 2018 |
| July 2018 |
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The claimant was awarded constitutional damages for prolonged deprivation of liberty due to delayed delivery of appellate judgment.
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Constitutional damages — Right to trial within a reasonable time — Delay in delivering appellate judgment — Vindicatory remedies under section 46(4) — Assessment of quantum for prolonged unlawful deprivation of liberty.
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23 July 2018 |
| January 2017 |
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Consultation via the employees' union satisfied retrenchment procedure; appellant failed to prove unfair dismissal, appeal dismissed.
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Employment Law
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Retrenchment/Operational Requirements — Consultation with workers' representatives under ILO Convention No. 158
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Unfair Dismissal — Burden of proof requires employer to show procedural consultation and compliance
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Procedural Objections — Failure to raise an issue at trial precludes succeeding on it on appeal
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6 January 2017 |
| July 2016 |
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1 July 2016 |
| June 2016 |
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29 June 2016 |
| September 2015 |
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Unauthorised use of recognisable images in a commercial advertisement violates constitutional privacy and attracts compensation.
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Tort — Privacy — Publication of recognisable image in commercial advertisement without consent — Reasonable expectation of privacy — Constitution ss 19, 21 and 46(4)
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24 September 2015 |
| June 2015 |
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15 June 2015 |
| April 2015 |
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14 April 2015 |
| October 2014 |
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Whether a central bank lawfully revoked a bank's licence and reclaimed supervision and forensic audit costs.
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Banking law — revocation of banking licence — statutory powers under Banking Act (ss 10, 31) — due process and urgency; Prudential supervision — recovery of costs (s 53) — forensic audit fees recoverable; Constitutional/administrative law — natural justice and section 43 — adequacy of hearing in urgent financial contexts; Consent orders and side letters — duress, waiver and estoppel; Public law torts — misfeasance in public office — bad faith not established; Interest — compound interest awarded.
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27 October 2014 |
| January 2014 |
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8 January 2014 |
| August 2013 |
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A bare assertion that damages may exceed subordinate court limits does not justify transfer to the High Court.
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Civil Procedure — Transfer of Proceedings — Whether transfer to High Court under s 11(a)(vii) should be ordered where plaintiff alleges damages will exceed subordinate court jurisdiction — Applicant must demonstrate likely quantum by reference to facts or precedents — Courts Act s 11(a)(vii)
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15 August 2013 |