Results.
16 judgments found.
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| 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 |