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Principal Registry - 2021 May

3 judgments
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3 judgments
May 2021
Namakhwa v Mota Engil (Civil Case 355 of 2020) [2021] MWHC 380 (24 May 2021)
Court dismissed defendant’s strike-out application, finding contractual claim not plainly displaced by the Public Roads Act and not frivolous.
  • Civil procedure — strike-out for frivolous/vexatious or abuse of process — inherent jurisdiction; Public Roads Act — statutory compensation procedure and contractor powers; section 21(1) immunity and section 21(2) preservation for negligence; contractual claim versus statutory remedy.
24 May 2021
Republic v Mapira (Confirmation Case 446 of 2020) [2021] MWHC 384 (18 May 2021)
18 May 2021
R v Muleso and Another (Confirmation Case 653 of 2020) [2021] MWHC 382 (18 May 2021)
Whether a confirming court should enhance a 36‑month sentence for robbery with violence given mitigating factors and comparative sentencing trends.
  • Criminal law — Confirmation of sentence — Robbery with violence — Sentencing discretion — Mitigating factors (first offender, youth, no weapon, compensation) — Sentencing range 5–10 years — Comparative authorities considered.
18 May 2021