Results.
56 judgments found.
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| December 2022 |
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Convictions quashed where prosecution relied on uncorroborated accomplice evidence and improperly authenticated call‑logs.
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Criminal law — Dangerous drugs (possession and attempted export) — accomplice evidence and requirement for corroboration — admissibility of co‑accused caution statements as witness evidence under s.175 — computer‑generated call logs and witness competence/authentication.
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23 December 2022 |
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9 December 2022 |
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Court confirmed defilement conviction and increased sentence to 40 years due to breach of trust, threats, and HIV transmission.
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Criminal law — Defilement: elements and proof; identification evidence; medical corroboration not essential but supportive; sentencing — aggravating factors (breach of trust, threats, HIV transmission) justify substantial enhancement.
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6 December 2022 |
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Conviction for defilement upheld and sentence enhanced to 40 years due to serious aggravating factors.
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Criminal law — Defilement (s.138(1) Penal Code) — sufficiency of evidence and corroboration of child’s testimony — medical evidence not indispensable — sentencing enhancement — aggravating factors (young victim, planning, force, psychological harm) outweighing first‑offender mitigation.
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6 December 2022 |
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Court confirmed robbery convictions, upheld identification evidence, and enhanced custodial sentence to concurrent terms.
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Robbery — identification evidence — Turnbull guidelines — confirmation of conviction — sentencing: aggravating factors (mask, group, violence, planning) outweighing youth and first-offender mitigation — sentence enhancement to concurrent terms.
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6 December 2022 |
| November 2022 |
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Court dismissed application to re-enter an appeal; dismissal for non-appearance cannot be revived and no sufficient cause was shown.
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Civil procedure — dismissal for non-appearance — Order III r.21(2) — re-entry of appeal — sufficiency of cause — inherent jurisdiction — functus officio — delay and lack of diligence.
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10 November 2022 |
| October 2022 |
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Court held instruction fee payable once proceedings commenced, reduced fee and ordered revised costs payable within 14 days.
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Costs — Instruction fee — Order 31 Rule 10 — Entitlement to instruction fee once proceedings commence in High Court even if no trial — Court's discretion to reduce quantum of fee.
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30 October 2022 |
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Court granted extension to file for judicial review, finding no prejudice or inordinate delay, deferring statutory time‑bar issues to substantive hearing.
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Civil procedure — extension of time to seek judicial review — discretionary power under Order 19 r.20(6) — considerations: prejudice to respondent/public, detriment to good administration, and reasonableness of delay; Tax law — limitation/sunset clause (s.125 Taxation Act) raised but not decided at extension stage.
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24 October 2022 |
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Court awarded 10% of the judgment plus assessed disbursements, refusing refresher fees for lack of evidence of three‑hour sittings.
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Costs — assessment under Subordinate Court Rules Order XXX r 2 and Second Schedule — 10% of judgment debt awarded — refresher fees require continuous court seating of three hours or more and proof — additional heads allowed: attendance, service, disbursements, secretarial, stationery — total assessed MK3,772,260.76.
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12 October 2022 |
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Assessment of quantum for unfair dismissal: salary base, mitigation, pension and severance, with a 50% devaluation uplift.
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Labour law — assessment of damages for unfair dismissal — appropriate salary base (statutory salary vs overtime) — mitigation of loss — entitlement to statutory employer pension contributions — severance pay calculation — adjustment for currency devaluation — inadmissibility of unpleaded heads of damage.
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10 October 2022 |
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Assessment of compensation for unfair dismissal, applying mitigation, statutory minima and accepting uncontroverted applicant evidence.
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Employment law — unfair dismissal — assessment of compensation — Section 63(4) & (5) Employment Act — mitigation of loss — severance pay — notice pay — withheld wages — effect of failure to call witnesses.
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4 October 2022 |
| September 2022 |
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Joinder of an insurer after the two‑year RTA limitation is time‑barred; insurer ordered to pay costs for raising the objection late.
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Road Traffic Act s148 — Limitation of direct claims against insurers to two years; s148(1)(c) preserves only proceedings actually commenced against insurer within two years; late joinder of insurer time‑barred; mistake in insurer identity does not extend limitation period; discretion to award costs against successful but unreasonably late objector.
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16 September 2022 |
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Court reversed refusal to forfeit tainted timber, holding forfeiture discretionary, remedial, and not double punishment.
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Criminal law — Forest Act s.68, s.74 — Forfeiture of tainted property — "May" denotes judicial discretion — Forfeiture remedial not punitive — Forfeiture may extend to foreign-sourced produce — Third‑party property requires hearing.
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12 September 2022 |
| August 2022 |
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16 August 2022 |
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Ex parte permission and stay vacated because claimants lacked locus standi and materially misrepresented their status.
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Judicial review — ex parte permission and interim relief — vacatur for lack of locus standi and material non-disclosure; Refugees Act — refugee status determination and effect of Minister's decision; scope of governmental relocation notice (rural v urban); costs awarded.
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12 August 2022 |
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Court refused review of cease-and-desist order due to temporary licence and prior notice, but allowed review of fine and accounts requirement.
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Administrative law — Judicial review — Permission stage — Legitimate expectation — Temporary licence and competitive reassignment of spectrum — Reasons for administrative action — Interlocutory injunctions — Wednesbury unreasonableness.
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12 August 2022 |
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Viva-voce evidence can establish serious injury absent X‑rays; claimant awarded MK7,000,000 inclusive, costs to defendants.
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Personal injury — proof of fracture — viva-voce evidence acceptable where X‑rays absent — hearsay limits on medical reports — assessment of quantum — comparability of awards.
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1 August 2022 |
| July 2022 |
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Cancellation of an industrial rebate without a hearing breached section 43, violated legitimate expectation, and was quashed.
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Administrative law — section 43 Constitution — right to lawful and procedurally fair administrative action — legitimate expectation — right to be heard — cancellation of industrial rebate — customs regulations — Wednesbury unreasonableness — certiorari.
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28 July 2022 |
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Applicants proved entitlement to 18 months' unpaid salaries; court awarded amounts plus a 25% devaluation uplift, payable within 14 days.
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Labour law — assessment of salary arrears after default judgment — burden and standard of proof in assessment proceedings — awarding currency devaluation uplift — proceeding in absentia where service proved.
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25 July 2022 |
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Default judgment set aside despite delay because judgment contained unpleaded monetary and leave awards and alleged improper service.
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Civil procedure — setting aside default judgment — inordinate delay versus irregularity of judgment (unpleaded quantified awards, improper service) — court’s discretion to revoke judgment obtained by procedural failure.
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25 July 2022 |
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The applicant was awarded just and equitable compensation for unfair dismissal, statutory entitlements, and a 25% inflation uplift.
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Employment law — unfair dismissal — assessment of compensation under Section 63(4)–(5) Employment Act — severance, gratuity, overtime, accrued leave, notice pay — burden and standard of proof — mitigation of loss — inflation/currency devaluation uplift.
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25 July 2022 |
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High Court enhanced a seven‑year robbery sentence to fourteen years due to being armed, in company, and causing injury.
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Criminal law — Robbery — Sentence — Aggravating factors: armed with weapon, acting in company, use of personal violence — Enhancement of sentence on confirmation.
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21 July 2022 |
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Summary judgment refused because triable issues exist on contract formation and statutory exclusivity over land compensation.
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Civil procedure — summary judgment — Order 12/Rule 26 CPR 17 — refusal where triable issues exist; Contract formation — signed agreement versus contract by conduct; Land Acquisition and Compensation Act s.9 — exclusive ministerial power over land acquisition and compensation; Document reliance — pleading requirements (Order 5 CPR 17).
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18 July 2022 |
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High Court confirmed unlawful wounding conviction and two‑year sentence despite defective plea‑taking, finding no prejudice to the accused.
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Criminal procedure — Plea of guilt — adequacy of plea-taking and requirement to elicit lawful‑excuse element; conflicting caution statement versus prosecution facts; unlawful wounding — assessment of safety of conviction; sentencing — mitigation and confirmation of two‑year term.
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18 July 2022 |
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Permission for judicial review refused where applicant failed to establish an arguable, evidenced case of unlawful appointment or discrimination.
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Judicial review — permission to apply; Appointment to the Supreme Court of Appeal (not promotion) — constitutional procedure; Alleged seniority practice — evidential requirement; Reasonableness/Wednesbury review of delay; Lawful consideration of gender balance and retirement/age; Need for arguable case to proceed to full hearing.
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15 July 2022 |
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High Court held it cannot re-open IRC factual findings and upheld summary dismissal for unexplained stock shortage.
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Labour law — Appeal from Industrial Relations Court — High Court jurisdiction limited to questions of law or jurisdiction (s65 Labour Relations Act) — Findings of fact by IRC final and binding — Summary dismissal for unexplained stock shortage — Claim of subsequent overage not proved.
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7 July 2022 |
| June 2022 |
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Claimant failed to prove bus driver's negligence; collision held caused by truck driver veering to avoid a cyclist, claim dismissed.
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'Negligence' — duty of care and breach; burden and standard of proof in civil cases; causation in road traffic collisions; res ipsa loquitur — inapplicable where claimant's evidence is inconsistent; submission of no case to answer in civil proceedings; costs—court's discretion.
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27 June 2022 |
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The claimant was awarded K7,028,000 for pain, loss of amenities, disfigurement and special damages after a road accident.
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Personal injury — assessment of damages — fractures of tibia and fibula and facial bruising — non‑pecuniary heads: pain and suffering, loss of amenities, disfigurement — reliance on comparative awards — special damages for report costs — costs awarded.
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24 June 2022 |
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24 June 2022 |
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Claimant awarded K7,000,000 for pain, loss of amenities and disfigurement from a workplace hand injury; special damages denied.
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Personal injury — Workplace accident — Assessment of damages — Non-pecuniary damages: pain and suffering, loss of amenities, disfigurement — Quantum awarded K7,000,000 — Special damages not proved — Costs awarded.
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24 June 2022 |
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Court awarded K4,000,000 for death of an 11‑year‑old, using comparable awards and reasonable future probabilities for dependency.
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Damages — Wrongful death of a child — Loss of expectation of life guided by comparable awards; Loss of dependency for non‑working child assessed by reasonable future probabilities (not multiplier–multiplicand).
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24 June 2022 |
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Assessment of non-pecuniary damages for three injured claimants; psychological effects not awarded without evidence.
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Damages assessment — non-pecuniary losses (pain and suffering, loss of amenities, disfigurement) — need for evidence to prove psychological injury — awards to minors and trustee account for guardian access.
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24 June 2022 |
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No arguable appeal existed against tax assessments; statutory time and form requirements were not met, so judicial review and interlocutory relief were refused.
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Tax law — judicial review — validity of appeal against tax assessment — strict compliance with statutory time limits and form for appeals under Value Added Tax Act, Taxation Act and Customs and Excise Act — enforcement (warrant of distress, embargo) where no valid appeal.
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16 June 2022 |
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Application to amend notice of appeal refused because proposed particulars would breach the rule requiring concise, non‑argumentative grounds.
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Civil procedure — Amendment of notice of appeal — Order 111 rules 2(2) and 2(3) — Particulars of misdirection or error of law must be stated but grounds must remain concise and non‑argumentative — Application to add full particulars refused — Costs awarded.
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15 June 2022 |
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Summary judgment granted for claimant’s possession and rental claims where the uncontested will bequeathed the property and defendant had no arguable defence.
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Succession law — validity and effect of will — beneficiary entitled to property; Summary judgment — no arguable defence; Possession and mesne profits; Executor/trustee status versus beneficiary rights; Matrimonial property claims irrelevant where property belongs to third‑party testator.
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10 June 2022 |
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Summary judgment for possession and mesne profits where the house was bequeathed under an uncontested will and defendant had no arguable defence.
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Succession/estate law — testamentary bequest — property bequeathed under an uncontested will; Summary judgment — Order 12 — absence of arguable defence and no triable issue; Matrimonial property/contribution claims distinguished from testamentary rights; Possession and mesne profits (rentals) assessed by Registrar.
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10 June 2022 |
| May 2022 |
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An aggrieved party to proceedings cannot use Order 23 r.8 (CPR) to attack a consent order; appeal or a specific action is the proper remedy.
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Civil procedure — Consent order — Variation or setting aside — Order 23 r.8 CPR applies to non‑parties directly affected, not to persons who are parties; remedy for a party aggrieved by a consent order is appeal or a specific action to set it aside — Application to strike terms of consent order dismissed as misconceived.
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30 May 2022 |
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Minister acted without statutory authority and breached right to fair administrative action; his decision and the lessor's action were quashed.
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Administrative law — Judicial review — Ministerial powers under Statutory Bodies (Control of Contracts) Act — Scope of "contract" — Jurisdictional limit; Natural justice — Right to hearing and reasons — Section 43 Constitution; Invalidity and quashing of administrative decisions; Property rights affected by administrative action.
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26 May 2022 |
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Assessment of personal injury damages: separate awards for pain, loss of amenities, disfigurement; hearsay objection not entertained.
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Personal injury — assessment of damages — heads: pain and suffering, loss of amenities, disfigurement — hearsay objection at quantum stage — separate assessment of damage heads.
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20 May 2022 |
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Registrar awards K4,231,400 costs including K1,000,000 instruction fee and declines to decide insurer's liability for costs due to lack of jurisdiction.
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Civil procedure — assessment of party-and-party costs — instruction fees payable under Order 31 rule 10(1) — assessment amount set — registrar lacks jurisdiction to interpret or vary a judge’s prior order as to insurer’s liability for costs.
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11 May 2022 |
| April 2022 |
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Confirmation court increased sentence for aggravated robbery due to weapon use, multiple assailants, and serious wounds.
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Criminal law — Aggravated robbery — Sentencing — Use of dangerous weapon and acting in company — Wounding — Confirmation proceedings — Court may increase an inadequate sentence.
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26 April 2022 |
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Court set aside provisional interlocutory injunction and declared documents filed by an unlicensed practitioner nullity.
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Legal practice licence — Legal Education and Legal Practitioners Act — validity of documents filed by an unlicensed practitioner — nullity of steps — interlocutory injunction criteria (serious question, inadequacy of damages, balance of convenience) — inherent jurisdiction — referral for disciplinary action.
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21 April 2022 |
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Oversight or negligence by counsel does not justify setting aside a default judgment absent leave to file out of time.
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Default judgment — Application to set aside — Service admitted — Failure to file defence within prescribed time — Oversight/negligence by counsel insufficient — No application for leave to file out of time — Assessment of damages ordered.
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19 April 2022 |
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Assessment of unfair dismissal, overtime and severance; court applied Employment Act principles and awarded specified sums.
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Employment law — unfair dismissal — assessment of compensation under s63(4)–(5) Employment Act — overtime pay under s39 — severance under s35 — mitigation of loss — deduction of prior payments.
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19 April 2022 |
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Application to set aside default judgment refused for inordinate delay; matter to proceed to damages assessment.
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Civil procedure — Setting aside default judgment — Inordinate delay — Service on legal representative — Alleged missing court file — Negligence of counsel does not excuse prejudice to the opposing party.
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19 April 2022 |
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Application to set aside default judgment refused for inordinate delay and inadequate justification for non-attendance.
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Civil procedure — setting aside default judgment — inordinate delay — service on legal representatives — negligence of counsel and missing court file — restoration of struck-out defence.
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19 April 2022 |
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Procedurally defective late appeal dismissed; lower court's property and maintenance orders upheld; variation must be sought in lower court.
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Civil procedure — appeal from subordinate court — requirement for notice of appeal and leave to appeal out of time; Matrimonial property — distribution of matrimonial home; Maintenance — arrears, contempt and variation procedure under Child Care Protection and Justice Act.
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13 April 2022 |
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Eyewitness evidence established driver negligence; owner and insurer vicariously liable, police report disregarded for lack of author’s testimony.
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Motor vehicle negligence — duty of care of driver — credibility of eyewitness evidence — balance of probabilities — vicarious liability of owner and insurer — inadmissibility/weight of police report where author absent — contributory negligence pleaded.
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6 April 2022 |
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The Ombudsman acted beyond jurisdiction by investigating a dispute involving a private company despite reasonably available court remedies.
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Ombudsman jurisdiction — constitutional limits under section 123(1) — reasonably available remedy by court — Ombudsman Act and section 124: investigatory powers limited to public bodies — inquiry into private entity exceeds jurisdiction — judicial review of administrative action.
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1 April 2022 |
| March 2022 |
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Appeal allowed where magistrate awarded compensation for land encroachment without hearing parties on appropriate remedy; matter remitted.
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Land law — Encroachment — Remedy — Award of compensation — Exercise of judicial discretion — Duty to hear parties on remedy (audi alteram partem) — Remittal to magistrate.
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22 March 2022 |