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Citation
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Judgment date
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| December 2024 |
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Court granted a conditional stay pending appeal but required the respondent to pay 50% of each decretal award immediately.
Industrial/Employment law – stay of execution pending appeal – onus on party seeking suspension – necessity for cogent evidence of impecuniosity or risk of appeal being rendered nugatory – balancing justice between parties – conditional stay by requiring substantial interim payments.
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3 December 2024 |
| October 2024 |
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Application to file supplementary skeleton arguments deferred to the full bench; copies to be supplied by deadline or dismissed.
Civil procedure – interlocutory application for leave to file supplementary skeleton arguments – judicial discretion – timing and service of filings – appropriateness of single-member determination where appeal listed before full bench – procedural directions and automatic dismissal for non-compliance.
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24 October 2024 |
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The applicant (Attorney General) lacks standing to be joined where government shareholding is held through a separate corporate entity.
Joinder of parties – Order 6 r 7 CPR – person "affected by a proceeding"; Company law – separate legal personality (Salomon) and shareholder standing; Contractual clauses – exclusive jurisdiction vs arbitration clause; Civil Procedure Rules – overriding objective and active case management; Judicial conduct – recusal of judge.
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22 October 2024 |
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Failure to consult senior employees before retrenchment amounted to unfair dismissal and an unfair labour practice.
Employment law — retrenchment for operational requirements — duty to consult employees — fair and equitable procedure under s.61(2) Employment Act and s.31 Constitution — consultant-led functional review — adequacy of consultation; legitimate expectation from proposed contract change; severance versus gratuity/pension entitlements; interest on wrongfully withheld severance.
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22 October 2024 |
| September 2024 |
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Summary judgment refused where triable disputes exist about authority, acknowledgment of assignment, and alleged fraud.
Civil procedure — Summary judgment (Order 12 r.23–27 CPR 2017) — Assignment of proceeds as security — Agency and authority to bind third parties — Alleged fraud/inducement — Existence of triable factual disputes.
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23 September 2024 |
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Emails revised the payment schedule but did not waive the contract expiry; repossession under Clause 14.2 was lawful and claimant's claim dismissed.
Contract — Hire-purchase — Variation and waiver of payment terms by conduct and correspondence — Waiver by estoppel vs election — Repossession under contractual clause after default — Requirement to plead alleged breach/fraud and prove loss.
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13 September 2024 |
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Interlocutory injunction perpetuated where dispute exists whether respondent exceeded power of sale and damages would be inadequate.
Interlocutory injunctions – American Cyanamid principles – serious question to be tried; adequacy of damages – perishable and depreciating business assets; power of sale under power of attorney; preservation of status quo; defendant’s retention as party despite transfer/registration.
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5 September 2024 |
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Court refused to dismiss for want of prosecution and ordered mediation, citing court-attributable delay.
Civil procedure – dismissal for want of prosecution – court’s inherent jurisdiction – undue delay partly caused by court’s failure to fix mediation date – order for mediation instead of dismissal; no order as to costs.
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3 September 2024 |
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Whether to discharge an interlocutory injunction and summarily dismiss a bank’s power-of-sale claim amid disputed loan figures and unregistered charges.
Interlocutory injunctions – American Cyanamid test – serious question to be tried; adequacy of damages; balance of convenience. Power of sale – Registered Land Act – requirement to register subsequent charges; effect of failure to register. Equitable mortgage by deposit of title deeds. Duty to provide full statement of account and reconciliation. Summary disposal – no arguable case threshold
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3 September 2024 |
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Claimant in rent arrears; landlord’s seizure (distress) and sealing lawful; claimant’s tort and excess‑distress claims fail.
Landlord and tenant — rent arrears — distress for rent — right to distrain by landlord or authorised officers without warrant — sealing of premises and re‑entry under lease — excess distress and damage — force majeure (COVID‑19) not available absent clause — false imprisonment and defamation not proved — counterclaim barred while distress subsists.
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3 September 2024 |
| August 2024 |
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Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
Judicial review — Registrar's refusal to issue court documents — issuance as a judicial function requiring application of judicial mind — decisions of Registrar exercising judicial functions not amenable to judicial review — alternative remedy by appeal — exhaustion of remedies.
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12 August 2024 |
| June 2024 |
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Stay of execution upheld where registry-caused appeal delay and respondent’s concealment of related conviction negated discharge.
Forfeiture and stay of execution – application to discharge stay for alleged inordinate delay – duty of Registrar/Registry to prepare record of appeal – shortcomings in record not attributable to appellant – concealment of parallel money-laundering conviction involving same seized funds – discretion to refuse relief and award costs.
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19 June 2024 |
| April 2024 |
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Failure to disclose parallel proceedings and attempting collateral attack on another court's decision amounted to abuse of process; action struck out.
Civil procedure — Ex parte relief — Duty of full and frank disclosure of pending proceedings — Concurrent jurisdiction — Abuse of process — Action impermissible to challenge decisions of another court — Striking out and discharge of injunction; costs.
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15 April 2024 |
| March 2024 |
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Court reduced excessive costs, limited senior counsel and combined in-house fees, and awarded MWK21,625,940.25 in taxed costs.
Costs assessment – Order 31 CPR 2017 – reasonableness and proportionality of costs; standard vs indemnity assessment (legal practitioner and own client); Senior Counsel fees and proof of use; allocation of hours and hourly rates; disallowance of MLS levy and duplicate VAT claims; care and conduct allowances.
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15 March 2024 |
| February 2024 |
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A party’s mere dissatisfaction with an arbitrator’s merits findings does not amount to misconduct warranting setting aside the award.
Arbitration — setting aside award — misconduct standard — arbitrator’s procedural discretion — inspection of materials — merits disagreement not ground for removal of arbitrator.
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28 February 2024 |
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Court awards compensation and statutory severance using current salary, reduced for applicant’s partial contribution; appeal conditional on 50% payment.
Employment law – unfair dismissal for procedural unfairness – assessment of compensation under s63(4) and (5) Employment Act – use of current salary to preserve purchasing power – partial contribution reduces discretionary award – statutory severance calculation (First Schedule, s35(2)) – appeal conditional on payment of 50% (no automatic stay).
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20 February 2024 |
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Preservation order expired after 90 days; no forfeiture application was pending, so frozen accounts must be unfrozen.
Financial Crimes Act s67(b) — preservation orders expire after 90 days unless a forfeiture application is pending; meaning of "application pending"; Courts Act s3(1) — issuance/placement of process; civil forfeiture prerequisites and necessity of predicate offence; unfreezing accounts where preservation order expired.
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15 February 2024 |
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Whether arbitration was waived and unfulfilled conditions precedent rendered the share purchase agreement unenforceable.
Arbitration clause — waiver by filing defence; Rule in Turquand — apparent authority of managing director/sole shareholder; Conditions precedent — failure to fulfil renders share purchase agreement unenforceable; Share transfer — essential for completion; Costs follow event.
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15 February 2024 |
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A very late, extensive re-amendment was refused where it would unfairly prejudice the respondent and disrupt court resources.
Civil procedure – amendment of pleadings — O.7 r.23 CPR 2017 — very late re‑amendment after closure — overriding objective and case management — prejudice not compensable by costs — reintroduction of issues disposed at mediation.
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12 February 2024 |
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Summary judgment refused due to genuine disputes over repayment, interest, and entitlement to punitive damages.
Summary judgment — Genuine dispute of fact — Repayment of guaranteed funds — Assessment of interest and loss — Punitive damages in contract require proof of deliberate tortious conduct — Mediation or trial required.
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12 February 2024 |
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Summary judgment granted for a written MK10,000,000 loan; defendant’s illegality and repayment defences found unarguable.
Contract law – written loan agreement – existence and enforceability; summary disposal under procedural rules; illegality defence and Financial Services Act; unconscionability and bargaining power; estoppel and proof of repayment.
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6 February 2024 |
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1 February 2024 |
| January 2024 |
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Interim injunction continued pending trial as triable issue exists over whether a counteroffer negated the sale agreement; damages inadequate for land.
Property law – interim injunction – existence of enforceable agreement for sale of land – whether offeree’s response amounted to a counteroffer or mere request for variation – adequacy of damages for land – balance of convenience – referral to mediation.
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25 January 2024 |
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Interim injunction maintained due to triable issue on offer/counteroffer and inadequacy of damages for land.
Interim injunction — whether a triable issue exists as to formation of contract (offer v counteroffer) — uniqueness of land and inadequacy of damages — balance of convenience — continuation of interlocutory injunction; referral to mediation.
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25 January 2024 |
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Summary judgment granted where defence was a sham; stay for related criminal proceedings denied.
Civil procedure – stay of civil proceedings pending criminal proceedings; summary judgment – general denial treated as sham under Order 7 r 6 CPR; monetary claims vs criminal restitution; party-and-party costs only.
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24 January 2024 |
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A dispute founded on employment contract restraints belongs to the Industrial Relations Court, not the High Court Commercial Division.
Jurisdiction — High Court (Commercial Division) v Industrial Relations Court — employment contract disputes; restraint of trade in employment — enforceability and reasonableness vis-à-vis constitutional right to work (s.29); definition of "commercial matter" (Courts Act s.2).
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22 January 2024 |
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Whether a restraint-of-trade claim arising from employment belongs to the Industrial Relations Court rather than the Commercial Division.
Jurisdiction — Commercial Division v Industrial Relations Court — enforcement of post‑termination restraint in employment contract — whether dispute is commercial or labour — reasonableness of restraint and constitutional right to economic activity (section 29).
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22 January 2024 |
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Court set aside stay of enforcement and issued a third‑party debt order against the respondent's bank for assessed costs.
Civil procedure – stay of execution of costs order – setting aside stay for inordinate delay and failure to prosecute review – third‑party debt order against bank – respondent's ability to repay – costs awarded to respondent.
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4 January 2024 |