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Citation
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Judgment date
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| March 2023 |
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Court set aside a default judgment to determine contested estate issues on the merits; claimant ordered to pay costs.
Civil procedure – setting aside default judgment – service and content of summons (Order 5) – default judgment provisions (Order 12 r6 & r21) – reasonable cause and meritorious defence – discretion in interests of justice – deceased estates (Deceased Estate (Wills, Inheritance and Protection) Act ss.17,187).
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6 March 2023 |
| February 2023 |
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Continuation of an interim injunction pending judicial review of alleged unlawful and abusive tax enforcement by the revenue authority.
Judicial review — tax enforcement — interim injunction — serious question to be tried — adequacy of damages — balance of convenience — unclean hands — status quo ante.
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21 February 2023 |
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A statutory Law Society may seek judicial review of public‑law decisions affecting the Anti‑Corruption Bureau; review is not barred by section 61 Courts Act.
Judicial review — jurisdiction to review magistrates' decisions — section 61 Courts Act distinction between suits and judicial review — locus standi of statutory Law Society to protect public interest — alternative remedies and exhaustion — interdiction as public law vs. private employment matter — ex parte stay applications and urgency.
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8 February 2023 |
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Claimant failed to exhaust the statutory appeal under section 121 and missed the three-month filing deadline, so judicial review was dismissed.
Administrative law — Judicial review barred where alternative remedy available under s121 Customs and Excise Act; Special Referee’s jurisdiction covers disputes as to amount of duty (including formula issues) — Requirement to exhaust statutory appeal — Time limit for judicial review (3 months) — Post-decision discussions do not extend limitation period.
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6 February 2023 |
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Stay of execution denied where applicant failed to prove respondent’s impecuniosity and appeal prospects were not decisive.
Civil procedure – Stay of execution pending appeal – Discretionary relief – Prospects of success on appeal not decisive – Applicant must prove respondent’s impecuniosity – Balance of injustice test.
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1 February 2023 |
| January 2023 |
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Ex parte injunction discharged where borrower defaulted, misrepresented title/service and bank lawfully pursued sale under statutory remedies.
Interlocutory injunction — discharge of ex parte injunction; American Cyanamid principles; Registered Land Act ss.68 & 71; service of statutory demand; misrepresentation and bad faith; adequacy of damages; balance of convenience.
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24 January 2023 |
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The court found the insurer liable where the insured driver's road obstruction breached the duty of care and caused the collision.
Motor vehicle negligence – obstruction of road – duty of care of drivers – causation and burden of proof – insurer liability – assessment of damages.
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13 January 2023 |
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A road obstruction by an insured driver was negligent, rendering the defendant insurer liable and damages to be assessed.
Negligence — obstruction of road by driver — duty of care of road users — foreseeability and causation — insurer vicarious/liability — burden of proof on balance of probabilities.
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13 January 2023 |
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12 January 2023 |
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Assessment of damages for property and business losses caused by negligent electricity supply, including replacement costs and lost profits.
Negligence — assessment of damages for destruction of property and business by electrical fire; replacement value and contractor quotations; proof of special damages; conversion of sales to profit (30% margin); general damages for inconvenience.
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12 January 2023 |
| December 2022 |
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Convictions quashed where prosecution relied on uncorroborated accomplice evidence and improperly authenticated call‑logs.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
'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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |