|
Citation
|
Judgment date
|
| December 2023 |
|
|
Summary judgment refused due to triable issues over title to allegedly stolen fertiliser and entitlement to payment.
Civil procedure — Summary judgment — Application dismissed where triable issues exist as to title and bona fide purchaser status of allegedly stolen goods, and where claimant alleges loss caused by supply of stolen goods leading to contract cancellation.
|
5 December 2023 |
| November 2023 |
|
|
Security for costs ordered where non-resident, impecunious claimant pursued uncertain and potentially vexatious claims.
Civil procedure – security for costs – claimant resident outside jurisdiction and impecunious – uncertain, inconsistent and potentially vexatious pleadings – lack of documentary proof of fund transfers – order for security for costs.
|
29 November 2023 |
|
An agreed consent order is binding; a party cannot later assess interest contrary to that order.
Civil procedure – Agreed/consent order – Binding effect of Agreed Order endorsed by court – Assessment of interest – Res judicata – Variation of consent order requires fresh action – Late payment interest claims.
|
29 November 2023 |
|
Court dismissed application to set aside stay of execution, distinguishing appellate ‘inchoate’ doctrine from enforcement procedure.
Civil procedure — Summary judgment on liquidated sum — Inchoate judgments and finality — Apex Court jurisprudence on appeals vs enforcement — Order 23 r 6(1) effect of judgment — Order 28 r 11 enforcement order and costs — Stay of execution pending assessment of interest and appeal.
|
23 November 2023 |
|
|
20 November 2023 |
|
Interlocutory injunction vacated due to suppression of material facts and absence of arguable tenancy right.
Interlocutory injunction — ex parte applications — duty of full and frank disclosure — suppression/misrepresentation of material facts — requirement of a serious question to be tried — tenancy evidence and allocation of statutory corporation housing — costs.
|
17 November 2023 |
|
Application for summary disposal dismissed because disputed factual issues (including document authenticity and grounds for dismissal) require a full trial.
Industrial relations — Summary disposal on point of law — Procedure permissible only where no disputed facts — Disciplinary proceedings and alleged unfair dismissal — Authenticity of documents and compliance with Employment Act s57 — Matter ordered to substantive hearing.
|
14 November 2023 |
|
Applicant failed to show a real risk of injustice required to stay civil proceedings pending related criminal proceedings.
Civil procedure – Stay of civil proceedings pending criminal proceedings – Applicant must demonstrate a real risk of injustice, not merely allege prejudice – Burden of persuasion remains with the applicant – Alleged inability to cross-examine a witness insufficient without showing real risk of injustice.
|
3 November 2023 |
| October 2023 |
|
|
|
31 October 2023 |
|
A preliminary objection was sustained and the claimant ordered to bring contempt proceedings over an alleged breach of a freezing order.
Commercial law – freezing injunction – preliminary objection – full and frank disclosure – real risk of dissipation – arbitration clause – alleged breach of freezing order – contempt proceedings.
|
13 October 2023 |
|
Court sustained preliminary objection and directed claimant to bring contempt proceedings over alleged encashment of bank guarantee.
Commercial law — freezing injunction — bank guarantees — preliminary objection — full and frank disclosure — risk of dissipation — alleged contempt for cashing guarantee — arbitration clause.
|
13 October 2023 |
| September 2023 |
|
|
Bank validly charged and sold mortgaged property; penalty/default interest unlawful and to be assessed and refunded.
Registered Land Act s60(2), s71 – statutory demand and mortgagee’s duty when exercising power of sale; Validity of charge despite typographical title error; Loans Recovery Act s3 – challenge to excessive interest; Contractual penalty/default interest held unlawful where compound interest sufficed; Bona fide purchaser and absence of fiduciary disqualification; Accounting disputes over loan debits and advance fees.
|
27 September 2023 |
|
Court pierced corporate veil and dismissed interpleader, authorizing sale to satisfy the execution debt.
Enforcement of judgment – seizure and sale – interpleader application – piercing the corporate veil where company interposed to evade liabilities – abuse of process – Prest v Petrodel.
|
22 September 2023 |
|
Claimant failed to prove Defendant owned the land sought for enforcement; alleged forged sale document referred for police investigation.
Enforcement of consent judgment – application for possession/charging order – burden of proof on claimant to show ownership – conflicting sale agreements and contested signatures – alleged forged document – referral to police for investigation – costs: each party bears own costs.
|
15 September 2023 |
|
Claimant failed to prove the defendant owned the land; competing forged documents prompted police referral.
Enforcement of judgment – possession of land – burden of proof on applicant – competing sale agreements – alleged forgery and perverting the course of justice – referral for criminal investigation – costs: each party to bear own costs.
|
15 September 2023 |
|
Default judgment set aside because summons was not personally served and substituted service was not authorised.
Civil procedure – set-aside of default judgment – requirement of personal service of summons – substituted service permissible only by court order – failure to show valid service justifies setting aside default judgment.
|
4 September 2023 |
| August 2023 |
|
|
Applications for interlocutory injunction and declaratory orders dismissed for procedural non-compliance and absence of a commenced proceeding.
Civil procedure — Interlocutory injunctions — Order 10 r8: mandatory pre-proceeding requirements; Declaratory relief — Order 19 r27: requires existing proceeding; Service outside jurisdiction — Order 8 r30; Service by email — Order 8 r8; Legal capacity and locus standi to sue; Curability of defects in sworn statements.
|
31 August 2023 |
|
A concluded private-treaty mortgage sale cannot be re-opened; aggrieved chargor's remedy is damages, not injunction.
Registered Land Act – power of sale – private treaty sales permitted; reserve price applies to auctions only – remedy for completed sale is damages, not re-opening; interlocutory injunction void where material facts (completed sale) were not disclosed in a without-notice application; Loans Recovery Act inapplicable to statutory power of sale.
|
8 August 2023 |
|
No proven waiver of interest; assessment deferred pending judicial determination of the cut-off date for interest calculation.
Commercial disputes – interest on judgment debt – allegation of waiver of interest: burden of proof on alleging party; dispute over cut-off date for interest computation—issue referred to Judge under Order 25 r.2 CPR 2017; assessment of quantum deferred.
|
1 August 2023 |
| July 2023 |
|
|
Court refused certification to the Constitutional Court, upheld charge particulars, and extended trial time under section 261(3).
Criminal procedure — Certification as constitutional matter (s.9 Courts Act) — threshold requires substantive constitutional interpretation; evidential/admissibility issues are for trial. Criminal procedure — Particulars of charge (ss.126,128 CP&EC) — 'dates unknown'/'divers occasions' permissible where offences continuous; accused must be able to prepare defence
Limitation (s.261 CP&EC) — time runs from complaint registration/when accused brought to court; court may extend time under s.261(3). Conspiracy vs substantive charge — cannot duplicate substantive charge, but not present here. Prosecution's election of charging statute permissible. Financial Crimes Act applicable to charges filed post‑2017
|
27 July 2023 |
|
Court found unlawful arrest and malicious prosecution; special damages unproven; damages and costs awarded to the Claimants.
Constitutional and civil rights - personal liberty and dignity; False imprisonment – requirement of reasonable and probable cause and informing arrested person; Malicious prosecution – elements: prosecution by defendant, favourably terminated, lack of reasonable and probable cause, and malice; Special damages – must be strictly pleaded and strictly proved; Evidence – inadmissibility of hearsay and duty to call available witnesses.
|
20 July 2023 |
|
Conviction for trafficking quashed where charge lacked particulars and prosecution failed to prove means and purpose of exploitation.
Trafficking in persons — statutory elements: action, means, purpose; Particulars of charge — sufficiency and constitutional right to be informed; Burden of proof — prosecution must prove all elements beyond reasonable doubt; Trial court must not introduce or infer unpleaded elements; Definition and proof of ‘‘exploitation’’ under the Trafficking in Persons Act.
|
18 July 2023 |
|
Appeal allowed: compensation for unfair dismissal must be assessed by years of service under s63(5), not by years to retirement or manner of dismissal.
Employment law – unfair dismissal – assessment of compensation – sections 63(4) and 63(5) Employment Act – compensation must be based on years of service, not years to retirement – manner of dismissal not a separate statutory factor – courts may exceed minima by increasing weeks-per-year with reasons.
|
13 July 2023 |
|
Seasonal cultivation without exclusive possession and intention does not establish adverse possession to defeat earlier registered title.
Adverse possession — Registered Land Act s.134(1) — elements: factual possession and intention to possess — seasonal cultivation insufficient — failure to register adverse possession — variation of default judgment and rectification of land registry.
|
13 July 2023 |
|
Claim struck out for inordinate delay and abuse of process; defective sworn statement curable but did not avert strike-out.
Civil procedure — Want of prosecution — Strike out under Order 12 r56 — Court’s discretion and prejudice — Sworn statements: commissioning and service requirements (Order 18) — Abuse of process — Urgency in commercial matters.
|
13 July 2023 |
| June 2023 |
|
|
Court varied ex parte injunction: no suppression found, serious issue to be tried on enforceability of teaming agreement; partial implementation permitted.
Interlocutory injunctions – ex parte disclosure – alleged suppression of material facts – enforceability of teaming agreements – adequacy of damages – variation of injunction to permit partial project implementation.
|
23 June 2023 |
|
Court varied ex parte injunction: allowed limited project start but restrained defendant from using $400,000 or implementing claimant’s component pending resolution.
Contract/NGO funding – Teaming Agreement and enforceability – interlocutory injunction – ex parte disclosure duties – adequacy of damages – balancing public interest in service delivery vs contractual rights.
|
23 June 2023 |
|
Unchallenged valuation awarded as market value; limited special damages proved but K10,000,000 general damages awarded for delay.
Land law – assessment of damages – unchallenged expert valuation adopted as market value – breach of contract damages – claimant must prove consequential loss; general damages awarded for delay/inconvenience – costs to claimant.
|
23 June 2023 |
|
Where charged offences are not gazetted as exceptions, the High Court must try the accused by jury.
Criminal procedure – Trial by jury under s.294(1) Criminal Procedure and Evidence Code – Minister’s power under s.294(2) to Gazette exceptions – Criminal Procedure (Trials Without Jury) Order – offences not listed require jury trial.
|
22 June 2023 |
|
The applicant, a statutory public housing corporation, is protected by Order 34 Rule 4 from seizure and sale; enforcement suspended.
Civil procedure – suspension of execution – stay of enforcement; Public institution immunity – Order 34 Rule 4 – seizure and sale orders; Statutory corporations – government entity status and representation by Attorney General; Enforcement against public bodies – alternative procedures.
|
16 June 2023 |
|
An application to stay a statutory demand was dismissed as incompetent; a statutory demand is not an Order 28 enforcement order.
Civil procedure – Stay of execution – Suspension of enforcement of costs order – Statutory demand under Insolvency Act not an enforcement order under Order 28 – Competency of application – Registrar’s jurisdiction under Order 25 Rule 1 – Delegated decisions as High Court decisions – Res judicata – Inherent jurisdiction
|
13 June 2023 |
|
Whether a bank’s wrongful caution caused the claimant’s sale loss and whether the claimant must repay funds received without consideration.
Registered Land Act – cautions (ss.126–130) – wrongful lodgement of caution – unregistrable interest and requirement to have advanced money; Tort/Equity – damages for wrongful caution causing rescission of sale; Contract/Property – purchaser’s right to rescind upon discovering a caution; Restitution – action for money had and received; Defence of change of position; Burden and standard of proof (balance of probabilities).
|
13 June 2023 |
|
Wrongful caution on land led to claimant’s damages; bank recovers MK5.95 million received by claimant.
Registered Land Act – cautions (s.126–130) – wrongful lodgement of caution – unregistrable interest – requirement for bank to have advanced money on current account – remedies under s.130; Civil restitution – money had and received – receipt of bank funds without consideration entitling recovery; rescission of sale due to registered caution and consequential damages.
|
13 June 2023 |
| May 2023 |
|
|
Registrar may assess interest despite defendant's 'without prejudice' dollar-pegging claim; claimant awarded costs and assessment set down.
Civil procedure — Assessment of interest — Admissibility of 'without prejudice' communications — Registrar's jurisdiction under Order 25 Rule 1 to determine whether issue is contentious — Costs discretion under Order 31 Rule 3.
|
30 May 2023 |
|
Court consolidated two related suits over one loan offer, finding consolidation appropriate where borrower admitted default and issues are identical.
Commercial law – loan facilities contained in one offer – borrower default and lender's right to recall – injunctions as stopgap measures – consolidation of related proceedings to avoid abuse of process – sale of secured property and notice requirements – Loans Recovery Act applications where borrower admits default.
|
25 May 2023 |
|
Court refused to strike out claim for misnaming, ordered amendment of defendant's name and directed assessment of damages.
Civil procedure — Misnaming of party — Amendment of party name under Order 1 Rule 5 — Default judgment — Strike-out after judgment inappropriate; set-aside is proper remedy.
|
22 May 2023 |
|
|
19 May 2023 |
|
|
19 May 2023 |
|
|
16 May 2023 |
|
Employer breached statutory duty to guard dangerous machinery causing amputation; dismissal was unfair and claimant reinstated, damages to be assessed.
Occupational safety – Employer’s duty to fence or guard dangerous machinery – breach of s35 OSHWA establishing negligence; Contributory negligence – standard adapted to noisy, repetitive factory work – defence rejected; Causation – lack of guarding caused amputation; Employment law – burden on employer to prove redundancy under Employment Act s61 – dismissal unfair; Reporting obligations – failure to notify Director and Workers Compensation Trustee under OSHWA and Workers Compensation Act.
|
12 May 2023 |
|
Court entered judgment for the claimant on admitted loan liability and awarded costs; interest and costs to be assessed if not agreed.
Commercial law – loan default – admission of liability – judgment on liability despite disputed quantum – consent/agreed order inconsistent with court directions – assessment/taxation of interest and costs – enforcement of security/power of sale.
|
10 May 2023 |
|
Overtime claims require employee proof; unreasoned lump-sum awards for unfair dismissal must be set aside and reviewed.
Labour law — Unfair dismissal — Procedural fairness v substantive reason — Compensation assessment — Burden of proof for overtime on employee — Registrar/Assistant Registrar jurisdiction — Review under Rule 5A — Mitigation and contributory fault — Severance pay computation.
|
5 May 2023 |
|
Court held interdiction and prosecution null where suspension power rests with the President and Director enjoys statutory immunity absent alleged bad faith.
Administrative/constitutional law – judicial review of government action – permission to apply ex parte constitutes the review application; where no defence is filed claimant may seek scheduling conference or ask Court to end proceedings early – exception to mootness for decisions capable of repetition yet evading review – public officer immunity under Corrupt Practices Act (section 22) requires allegation/establishment of bad faith before proceedings – suspension/interdiction power of Director vested in President (section 6(3)).
|
5 May 2023 |
| April 2023 |
|
|
Registrar found ambiguity in Order 13(6)(2) on restoring struck-out defences and referred the issue to the Judge.
Civil procedure – mediation – Order 13(6): striking out defence vs dismissal of claim; scope of restoration under Rule 6(2); Registrar’s powers under Order 25; referral to Judge for authoritative determination.
|
19 April 2023 |
|
Experienced employee’s failure to take available precautions defeated negligence and statutory duty claims against the employer.
Employer's duty of care; employee’s duty to take reasonable care; Occupational Safety, Health and Welfare Act (ss.13,18,58,65); contributory/sole negligence; res ipsa loquitur.
|
5 April 2023 |
|
An experienced worker’s failure to take available precautions defeated his claim of employer negligence and statutory breach.
Personal injury – employer’s duty under Occupational Safety, Health and Welfare Act – alleged breach of statutory duty – contributory negligence by experienced employee – causation and failure to prove employer negligence.
|
5 April 2023 |
| March 2023 |
|
|
The applicants recovered damages only for false imprisonment; unpleaded and unproven heads were dismissed, award K1.5M each.
Constitutional/Delict — False imprisonment — Assessment of damages limited to pleaded relief — Evidential burden for special damages — Duration (20 hours) and circumstances relevant to quantum — Award K1,500,000 per claimant — Costs to be agreed or taxed.
|
28 March 2023 |
|
Whether reliance on a Ministerial Budget Statement to calculate excise tax is lawfully reviewable and whether a Special Referee appeal was available.
Judicial review — Amenability where lawfulness/illegality alleged — Ministerial Budget Statement as basis for excise tax; legitimate expectation; alternative remedy — Special Referee jurisdiction under s121 Customs and Excise Act; interim injunction — adequacy of damages.
|
22 March 2023 |
|
Aggravating factors (premeditation, abuse of trust, pregnancy, HIV risk) outweighed mitigation; long concurrent custodial sentences imposed.
Criminal law — Sentencing for sexual offences — Defilement, rape and indecent practices — Abuse of trust, premeditation, victim pregnancy and miscarriage, HIV risk — First offender status and age not determinative — Concurrent long custodial sentences.
|
8 March 2023 |
|
Court imposed a lengthy custodial sentence for defilement, rape and indecent practices due to premeditation, abuse of trust and serious victim harm.
Criminal law — Sentencing — Defilement, rape and indecent practices in presence of a child — Aggravating factors: premeditation, abuse of trust, victim pregnancy and miscarriage, HIV‑positive assailant, sexual act in presence of a child — Upward sentencing trend for sexual offences — Custodial sentence imposed (concurrent terms).
|
8 March 2023 |