Results.
6 judgments found.
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| 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 |