Results.
65 judgments found.
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| March 2026 |
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Amendment seeking to apply collection-costs rules enacted after proceedings commenced cannot be allowed as retrospective.
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Civil procedure
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— Amendment of pleadings — Application of new subsidiary legislation to pending proceedings — Retrospective operation and General Interpretation Act s 14(1)(a)
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— Costs — Recoverability of statutory collection costs under Legal Education and Legal Practitioners (Remuneration) Rules 2025 — Non-retrospective application where proceedings commenced prior to enactment
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18 March 2026 |
| January 2026 |
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Airline's refusal to carry a disabled child without lawful or reasonable justification amounted to discrimination and violated dignity.
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Disability discrimination in air carriage; reasonable accommodation and medical clearance; Chicago Convention Annex 9; right to equality and dignity; general (not punitive) damages awarded.
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23 January 2026 |
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Regulator lawfully conducted inquiry and later disciplinary hearing; ad hoc committee and concurrent criminal proceedings were permissible.
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Administrative law — statutory interpretation of regulatory disciplinary powers — sections 17, 36 and 37 read together; delegation to committees and use of ad hoc panels permissible; distinction between inquiry and disciplinary hearing; concurrent criminal and disciplinary proceedings not per se unreasonable.
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22 January 2026 |
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14 January 2026 |
| December 2025 |
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Defective affidavits and insufficient evidence meant petitioner failed to prove electoral irregularities; election confirmed.
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Election law — electoral petition — admissibility and credibility of affidavits (name, signature and jurat date discrepancies) — failure to cross-examine deponent — burden and standard of proof in election petitions — MEC’s investigatory duties, jurisdiction and remedial powers — allegations of handouts, intimidation, purchase of voter slips, and ballot handling.
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3 December 2025 |
| September 2025 |
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Application dismissed for being commenced in the wrong procedural form; election challenges require petition or Form 86A originations.
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Election procedure — Mode of commencement — Petition under PPLGEA or judicial review by originating motion (Form 86A); CPR cannot add modes; procedural irregularity fatal.
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10 September 2025 |
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Failure of the Returning Officer to notify a nomination defect rendered the exclusion unlawful despite incorrect fee paid at presentation.
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Election law — nomination fees — age qualification for youth candidates determined at time of presentation — Returning Officer’s duty to notify defects before close of nominations (s.39(2)–(3)) — failure to notify defeats internal remedies (s.99) — judicial review permissible where no communicated decision.
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9 September 2025 |
| August 2025 |
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Court abridged time and set an expedited timetable to hear a review of a candidate's exclusion under Section 42(2) before the election.
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Electoral law — judicial review of electoral commission decision — exclusion of candidate — urgency — abridgement of time under civil procedure rules — operation of Section 42(2) of the Elections Act.
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29 August 2025 |
| July 2025 |
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Bail pending appeal denied: no exceptional circumstances, appeal unlikely to succeed, substantial sentence remains unserved.
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Criminal procedure — Bail pending appeal (s.359) — Discretionary relief only in exceptional, special or unusual circumstances — Factors include likelihood of success and risk of serving substantive sentence — Likelihood alone rarely sufficient.
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28 July 2025 |
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Criminal defamation provision struck down as an unconstitutional, disproportionate limit on freedom of expression.
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Constitutional law — Freedom of expression — Criminal defamation — Section 200 Penal Code — Overbreadth, vagueness and chilling effect — Section 44 limitation test — Civil remedies as less restrictive means — Attorney General’s neutral role in constitutional referrals.
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17 July 2025 |
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Whether criminal defamation (section 200) unjustifiably limits freedom of expression and must be struck down.
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Criminal defamation — Freedom of expression (section 35) — Limitation test (section 44(1),(2)) — Proportionality and necessity — Civil remedies as less restrictive means — Chilling effect — Decriminalisation consistent with regional and international jurisprudence — Attorney General’s impartial role in constitutional referrals.
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17 July 2025 |
| April 2025 |
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Judicial review of the DPP’s prosecutorial decisions is exceptional; applicants must first exhaust parliamentary and criminal remedies.
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Prosecutorial discretion — Judicial review leave — Selective prosecution alleged — Requirement to exhaust parliamentary oversight (Legal Affairs Committee) — Exceptional circumstances threshold (dishonesty/mala fides) — Prematurity and abuse of civil process to challenge criminal proceedings.
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28 April 2025 |
| January 2025 |
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Ex parte permission for judicial review discharged for abuse of process and suppression of prior related proceedings.
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Administrative law — Judicial review — Ex parte permission — Duty of frank and full disclosure — Suppression of prior related proceedings — Abuse of court process via multiplicity of actions — Discharge of permission and interlocutory injunction — Discretionary extension of time (functus officio).
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31 January 2025 |
| December 2024 |
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A defendant who refers a constitutional challenge becomes the claimant; the Attorney General remains a neutral constitutional advisor.
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Constitutional law — Constitutional referrals — Whether Attorney General should be claimant where lower court certifies referral — Role of AG as neutral custodian of the Constitution
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Civil procedure — Order 19 CPR — Commencement and citation of constitutional proceedings — Party who moves the court should be claimant
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Constitutional law — Burden of proof — Presumption of constitutionality and onus on party challenging legislation
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17 December 2024 |
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Unexplained division of matrimonial property set aside and remitted for rehearing due to lack of reasons and analysis.
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Matrimonial property distribution — duty to give reasons — assessment of contributions and parties' intentions — improper delegation to Registrar — remittal for rehearing.
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17 December 2024 |
| November 2024 |
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Whether seized foreign currency should be forfeited where a businessperson hid funds and used a fake receipt, outweighing mitigating circumstances.
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Exchange control — Regulation 36(1) discretionary forfeiture of foreign currency — judicial exercise of discretion — aggravating factors (large sum, concealment, forged receipt, business person) v. mitigating factors (first offender, plea, alleged hardship) — precedents: Kamanga; Zheng Yan; Henry Kopa; Ashraf Bdallal El Ali — requirement to hear accused in opposition to forfeiture.
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20 November 2024 |
| October 2024 |
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Interpleader claim dismissed where claimant failed to follow Sheriff Act procedure and did not prove ownership of seized goods.
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Interpleader relief; section 11(a)(iii) Courts Act; Order 29 CPR scope; section 20 Sheriff’s Act (Sheriff interpleader summons); burden to prove ownership of goods seized in execution.
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25 October 2024 |
| April 2024 |
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Marriages by repute cannot be dissolved via divorce petitions; seek declaratory finding and ancillary orders instead.
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Family law — Marriage by repute or permanent cohabitation — Whether such unions can be dissolved by a court — Marriage, Divorce and Family Relations Act ss 12, 13
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Civil procedure — Proper remedy for informal unions — Petition for divorce is inappropriate; seek declaratory finding and ancillary orders instead
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18 April 2024 |
| March 2024 |
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A statutory corporation (municipal council) is not exempt from enforcement under Order 34 rule 4 absent express statutory immunity.
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Civil procedure — Order 34 rule 4 CPR 2017 — exemption from enforcement applies to Government or public officers as defined by statute; statutory corporations do not automatically enjoy Crown-type immunities absent express statutory provision.
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6 March 2024 |
| January 2024 |
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27 January 2024 |
| November 2023 |
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Claimant had no contractual right of first refusal; council sale lawful; action dismissed and claimant ordered to vacate and pay arrears.
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Local government property disposals — right of first refusal requires contractual or legal instrument; legitimate expectation requires judicial review procedure; failure to advertise does not automatically invalidate council disposals; specific council housing policy governs eligibility.
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14 November 2023 |
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Disciplinary minutes not obligatory; dismissal for supervisory neglect upheld; deduction of terminal benefits to recover shortages held unlawful.
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Employment law — disciplinary procedure and natural justice — no legal requirement to record/tender disciplinary minutes; Appeals from IRC limited to questions of law or jurisdiction (Labour Relations Act s65); supervisory negligence may justify dismissal; Employment Act (ss52,56) restricts deductions from wages and prohibits offsetting unexplained stock shortages against terminal benefits.
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14 November 2023 |
| September 2023 |
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The High Court dismissed the applicant’s customary-land claim as prematurely filed because statutory land tribunals, not the High Court, are the proper forum.
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Customary land — Part VII Customary Land Act 2016 — jurisdictional forum for customary land disputes — requirement to establish customary land tribunals by legal instrument — effect of executive delay on access to justice — High Court restraint from usurping statutory forum.
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1 September 2023 |
| August 2023 |
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Magistrate erred by refusing jurisdiction without reasons; remedies for pre‑charge detention lie in habeas corpus/High Court, not necessarily bail.
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Administrative law; duty to give reasons for judicial/administrative decisions — Criminal procedure; jurisdiction of magistrate courts vs High Court divisions — Habeas corpus and remedies for pre‑charge detention — Bail applications where no charge has been laid.
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24 August 2023 |
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Applicants failed to show an arguable constitutional challenge to ACB prosecutions absent DPP consent; leave for judicial review denied.
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Constitutional law — prosecutorial powers — Corrupt Practices (Amendment) Act 2022 — repeal of consent requirement — Director of Public Prosecutions’ supervisory powers (s99 Constitution; ss76,79 CP&EC) — judicial review leave requirements (standing, timeliness, alternative remedy, arguable case) — challenge to statute should name Attorney General.
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24 August 2023 |
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Accused must prima facie show bail conditions are unreasonable; burden then shifts to prosecution to justify them.
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Bail — Variation of conditions — Burden of proof in variation applications — Accused must make prima facie case; prosecution must justify conditions — s.42(2)(e) Constitution (release from detention) bifurcated — s.44(1) limitation test — Appropriate, less restrictive measures for high office holders (reporting, passport custody).
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1 August 2023 |
| July 2023 |
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Whether a prosecution under the Corrupt Practices Act is ‘instituted’ on arrest/charging or only when the accused is called to answer the charge.
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Criminal procedure — Corrupt Practices Act — requirement of DPP written consent to institute prosecutions — meaning of ‘instituted’ (arrest/charging/remand v. being called to answer/plead) — repeal of consent requirement and retrospectivity — General Interpretation Act s.14.
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11 July 2023 |
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Whether late service of a charge-sheet and pre-plea disclosure obligations justify adjournment and set timelines for evidence disclosure.
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Criminal procedure — service of charge sheet; section 151(1) CP&EC — pre-plea disclosure of evidential material; fair trial and equality of arms; right to legal representation; adjournment and timelines.
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3 July 2023 |
| June 2023 |
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Court dismissed challenge to anti-corruption investigation, finding allegations speculative and judicial review unjustified.
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Administrative law — judicial review of investigative/prosecutorial actions; locus standi; prosecutorial discretion; ACB cooperation with foreign agencies (NCA); admissibility of allegedly illegally obtained evidence; limits of DPP/Attorney General supervision over ACB; arrest versus summons; availability of alternative remedies.
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5 June 2023 |
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Application for judicial review to quash ACB investigation and prosecution dismissed for lack of factual basis and alternative remedies.
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Judicial review — prosecutorial and investigative decisions — locus standi — timeliness — cooperation with foreign agencies (NCA) — admissibility of illegally obtained evidence (discretionary) — scope of DPP/Attorney General supervision — arrest v summons — exceptional nature of quashing investigations.
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5 June 2023 |
| March 2023 |
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The claimant failed to prove serious long‑term injuries; court awarded MK900,000 for soft tissue injuries and MK750,000 costs.
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Assessment of damages — Admissibility and weight of medical reports not prepared by the treating clinician — Quantum for soft tissue injuries — Requirement of credible evidence for claims of long‑term disability and loss of amenities — Costs on assessment.
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31 March 2023 |
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Default judgment set aside because a triable issue exists over premature commencement under Section 4; defendant ordered to file defence.
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Civil procedure — Setting aside default judgment — Order 12 rule 21 CPR 2017; Statutory notice — Section 4 Civil Procedure (Suits by or against Government and Public Officers) Act — premature commencement; Riot Damages Act — discretionary ministerial power; Interests of justice; Triable issues.
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31 March 2023 |
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Magistrate must expressly assess and record that delay or expense would be unreasonable before refusing recall of witnesses under section 165.
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Criminal procedure — section 165 CP&EC — recall of witnesses when trial continued by succeeding magistrate — qualified right to request recall — magistrate must expressly find that delay or expense would be unreasonable before refusing — failure to make required finding renders decision reviewable.
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24 March 2023 |
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6 March 2023 |
| February 2023 |
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Court awarded MK5,000,000 as total damages for loss of expectation of life and dependency, limited by the defendant's agreed cap.
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Motor‑vehicle accident — assessment of damages — loss of expectation of life; loss of dependency — multiplier/multiplicand approach — conventional awards for expectation of life — default judgment and agreed cap on defendant’s liability (MK5,000,000.00).
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20 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.
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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 |
| August 2022 |
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Conviction for attempted suicide confirmed; custodial sentence set aside under s340(1) in favour of immediate release.
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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 |
| 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.
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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 |
| 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.
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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 |
| March 2022 |
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Court awarded MK14,000,000 for malicious prosecution and exemplary damages, denying additional pain and suffering or withheld-benefit awards.
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Civil damages — Assessment of quantum — Malicious prosecution — Restitutio in integrum — Exemplary damages for oppressive or arbitrary state action — Pain and suffering award requires specific evidential basis.
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16 March 2022 |
| February 2022 |
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Claimant proved a likely forged transfer to a subsequently-created trust; court ordered rectification restoring original joint ownership.
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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 |
| January 2022 |
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Claimant awarded policy-limit damages for pain, suffering, loss of amenities and disfigurement following a vehicle rollover.
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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 |
| July 2021 |
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DPP’s appeal dismissed: prosecution failed to establish cause of death or nexus, so no case to answer.
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Criminal law — case to answer — prima facie case; murder — causation, nexus and malice aforethought; circumstantial evidence and doctrine of last seen; admissibility and weight of expert and post-mortem evidence; delegation of prosecutorial power; requirements for notice of appeal.
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28 July 2021 |
| September 2020 |
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Whether the respondents were liable for negligence and statutory breaches causing sewage contamination of the claimants' water.
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Negligence — duty of care, foreseeability, proximity and causation; Breach of statutory duty (Public Health Act, Local Government Act, Consumer Protection Act, Malawi Housing Corporation Act); Rylands v
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Fletcher — escape of sewage; Liability of public bodies for sewerage-related contamination; Striking out defences for non-appearance; Class/collective consumer action
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9 September 2020 |
| November 2019 |
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Proceedings struck out because they were commenced under superseded rules and instituted by an unlicensed practitioner.
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Civil procedure — Rules of Court: RSC superseded by CPR 2017 — Proceedings instituted under former rules invalid; Right of audience — Legal practitioner must hold current practising licence — Processes instituted by unlicensed practitioner are nullities; Relief — striking out and costs.
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21 November 2019 |
| June 2019 |
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A section 114 election petition is incompetent absent a prior Commission decision on the alleged irregularity.
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Electoral law; s.114 Parliamentary and Presidential Elections Act — appeal lies only from a Commission decision confirming/rejecting irregularity; complaints under s.113 required first; judicial review distinct remedy; grounds for voiding election limited to s.114(3).
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12 June 2019 |
| May 2019 |
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Prisoner passenger owed duty of care, but insufficient proof of driver negligence and causation; claim dismissed.
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Tort — negligence — duty of care of prison authorities to prisoner-passenger; authorization to be carried; evidential burden on breach and causation; statutory breaches (carrying passengers in goods vehicle; insurance; certificate of fitness) noted but not shown to establish negligence; failure to tender medical evidence defeats causation.
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23 May 2019 |
| January 2019 |
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Unpaid city rates exceeding K2,000,000 constitute a commercial matter and must be heard in the Commercial Division.
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Civil procedure — High Court Divisions — Commercial Division jurisdiction; definition of "commercial matter"; monetary threshold set at K2,000,000; transfer under s.6A(2) of the Courts Act; city rates not a "revenue matter" under Courts Act.
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23 January 2019 |
| April 2018 |
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Res ipsa loquitur insufficient without scientific analysis and timely evidence of contamination; plaintiff failed to prove causation.
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Product liability; negligence; res ipsa loquitur; burden of proof; necessity of scientific analysis and causal nexus in contaminated bottled drink claims; evidential effect of quality control.
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30 April 2018 |
| August 2017 |
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1 August 2017 |