Results.
739 judgments found.
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| March 2023 |
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Whether reliance on a Ministerial Budget Statement to calculate excise tax is lawfully reviewable and whether a Special Referee appeal was available.
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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.
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22 March 2023 |
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Aggravating factors (premeditation, abuse of trust, pregnancy, HIV risk) outweighed mitigation; long concurrent custodial sentences imposed.
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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.
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8 March 2023 |
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Court imposed a lengthy custodial sentence for defilement, rape and indecent practices due to premeditation, abuse of trust and serious victim harm.
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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).
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8 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |