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Citation
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Judgment date
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| November 2018 |
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Registrar lacked jurisdiction to set aside or stay a final appellate order; fraud or incapacity challenges require appeal or fresh action.
Civil procedure – Registrar's jurisdiction under Order 25 CPR – expressio unius – challenge to final judgment obtained by fraud: remedy by appeal or fresh action – incapacity defence raised post-final judgment – assessment of damages directed by appellate court.
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29 November 2018 |
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High Court dismisses appeal, holding severance and pension payments were properly dealt with and factual findings are final.
Labour law – retrenchment – severance pay – appealability of factual findings from Industrial Relations Court under s.65 – pension/provident fund payments – discovery/refusal – fishing expedition.
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2 November 2018 |
| September 2018 |
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Claimant awarded replacement cost and K9,000,000 for loss of business after vehicle burned in police custody.
Police seizure and custody of vehicle — vehicle destroyed while in custody — damages: replacement cost awarded where irreparable; loss of use/profit recoverable for profit-earning chattel where proved — award of K5,000,000 replacement and K9,000,000 loss of business.
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19 September 2018 |
| June 2018 |
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Whether the respondent unlawfully reallocated leased land without hearing or complying with constitutional expropriation procedures.
Judicial review — public authority as proper respondent — natural justice — right to be heard — land reallocation and expropriation — compliance with section 44(3) Constitution — right to property (section 28) — Wednesbury unreasonableness.
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28 June 2018 |
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The Regional Commissioner unlawfully reallocated leased land without affording the applicant a hearing or complying with section 44(3) of the Constitution.
Administrative law – Judicial review – Natural justice – Right to be heard – Reallocation/re‑entry onto leased land – Expropriation under section 44(3) of the Constitution – Procedural fairness and Wednesbury unreasonableness – Proper respondent in judicial review of public authority action.
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28 June 2018 |
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Whether mandatory s91 publication authorises seizure and sale for unpaid rates and precludes instalment relief absent ordinary debt proceedings.
Local Government Act s91 – seizure and sale for unpaid rates – mandatory Gazette and newspaper publication; Rates attach to property; s78 – payment pending objection; s91(7) – distinctness from ordinary debt recovery; instalment relief not available in s91 proceedings.
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11 June 2018 |
| May 2018 |
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Court awarded K4,701,536 for wrongful death: expectation of life and dependency; special damages dismissed for lack of proof.
:[
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16 May 2018 |
| April 2018 |
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Assessment of quantum in personal injury: awarded damages for pain, amenities, disfigurement and nominal lost earnings.
Personal injury – assessment of quantum – general damages for pain and suffering, loss of amenities, disfigurement and loss of earning capacity – use of comparable awards – nominal award where no evidence of earnings – 5% allowance for currency depreciation.
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30 April 2018 |
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Assessment of unfair dismissal award: calculation of compensation, severance and compound interest under the Employment Act.
Employment law – unfair dismissal – remedy under s.63(4) – assessment of compensation; Severance pay – First Schedule calculation; Compound interest on severance (commercial lending rate) – limitation on awarding new relief at assessment; Costs refused.
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27 April 2018 |
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Alleged misleading by counsel does not constitute good cause for a stay of execution; stay is discretionary.
Civil procedure — Stay of execution — Discretionary relief — Applicant must show good cause — Misleading by counsel insufficient — Remedies include suit against counsel or appeal — Order 47 Rule 1 RSC.
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24 April 2018 |
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An insurer's consent order and payment do not automatically justify summary judgment against the insured.
Summary judgment; consent order; insurer settlement; insured not party; Road Traffic Act s148; unliquidated damages; triable issues on negligence and apportionment; leave to defend.
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23 April 2018 |
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The applicants' interlocutory injunction in a WhatsApp defamation claim was continued pending trial; damages deemed potentially inadequate.
Defamation — publications on social media (WhatsApp) — interlocutory injunction — triable issue — adequacy of damages for reputation harm — requirement for full and frank disclosure — balance of convenience.
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19 April 2018 |
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After failed mediation, the court referred the dispute to trial to decide whether the second defendant was properly installed as village headman.
Civil procedure — Mediation — Failure to reach settlement — Referral to trial under Order 13 Rule 9(2) — Determination of proper installation of village headman.
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10 April 2018 |
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After mediation failed, the court referred the land entitlement dispute to trial and ordered transfer to the Magistrate’s Court.
Civil procedure – mediation failure – referral to trial under Order 13 rule 9(2) – land dispute – transfer from High Court to Magistrate’s Court for hearing.
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10 April 2018 |
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After failed mediation, court referred the claimants' land entitlement dispute to trial and transferred it to the Magistrate's Court.
Land dispute – entitlement to land – mediation failure – referral to trial – transfer to Magistrate’s Court – Order 13 Rule 9(2) High Court (Civil Procedure) Rules.
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10 April 2018 |
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Appeal dismissed because the appellant failed to comply with Order 33, rendering the appeal not ready for hearing.
Civil procedure – appeal readiness – compliance with Order 33 of the Subordinate Court Rules – procedural dismissal for non‑compliance.
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9 April 2018 |
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An appeal was dismissed because the appellant failed to comply with Order 33, rendering the matter not ready for hearing.
Civil procedure – Appeal – Procedural compliance – Failure to comply with Order 33 of the Subordinate Court Rules – Appeal not ready for hearing – Dismissal for non-compliance.
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9 April 2018 |
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Appeal hearing dismissed for failure to comply with Order 33 of the Subordinate Court Rules.
Civil procedure — Appeal — Readiness for hearing — Non‑compliance with Subordinate Court Rules (Order 33) — Dismissal of hearing.
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9 April 2018 |
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Summary judgment refused where defendant raised genuine factual disputes about contractual variation and estoppel requiring trial.
Civil procedure – summary judgment (Order 14) – genuine triable issues – contract variation through agent – acceptance of late payments – estoppel – whether time was of the essence.
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3 April 2018 |
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Interim injunction refused where damages were adequate and the applicant suppressed a material fact (trustee status).
Interim injunctions – adequacy of damages as alternative remedy – injunction refused where damages adequate; Duty of full disclosure – suppression of material facts vitiates interlocutory application; Internal association law – disciplinary powers and eligibility for office under constitution; Natural justice – right to be heard in disciplinary processes.
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3 April 2018 |
| March 2018 |
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Failure to publish Council appointments in the Gazette rendered the Council unconstituted and its disaccreditation decision void if made while accreditation subsisted.
Administrative law — Judicial review — Grounds: illegality, irrationality, procedural impropriety — Statutory interpretation of "academic cycle" — Accreditation law — Mandatory gazetting of public body appointments; failure renders acts void.
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27 March 2018 |
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The applicant failed to show a triable issue of land ownership; interlocutory injunction dismissed.
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21 March 2018 |
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The applicant failed to prove continued possession of customary land; claim dismissed; respondents ordered to provide a token of appreciation; costs borne individually.
Customary land – possession and control – burden on balance of probabilities; church property as collective; failure to prove continued possession; claim dismissed; token of appreciation ordered; parties to bear own costs.
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20 March 2018 |
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Personal injury claim dismissed as statute‑barred where the writ was filed after the three‑year limitation and plaintiff did not attend hearing.
Limitation Act – personal injury – three-year limitation for actions for damages for negligence – "brought"/filed within statutory period; Civil procedure – Order 14A point of law determination; Order 32 r.5 – hearing in absence where party duly served; statute-barred claim – dismissal with costs.
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16 March 2018 |
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Action struck out as abusive and premature for duplicating a pending appeal and for failing to exhaust internal party remedies.
Party constitution — internal dispute resolution (Article 56) — exhaustion of internal remedies — abuse of court process — duplicative litigation and risk of conflicting judgments — striking out proceedings.
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6 March 2018 |
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2 March 2018 |
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Plaintiff failed to prove occupier or agency status or negligence; claim dismissed and costs awarded to defendants.
Occupiers' liability — proof of occupier status; Agency — requirement of evidence to prove agency/consent; Negligence — duty, breach and causation on balance of probabilities; Evidentiary inconsistencies and trespasser status affect liability.
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2 March 2018 |
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Taxation of costs held premature because matter was not concluded; taxation deferred until final determination.
Civil procedure – Taxation of costs – Order 62 r.8(1) – Costs not taxable until conclusion of matter unless court expressly orders earlier taxation – "to be taxed or agreed" does not equate to "taxation forthwith" – premature taxation dismissed.
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1 March 2018 |
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1 March 2018 |
| February 2018 |
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Registrar has no authority to grant summary judgment; defective sworn statement cannot be used without court leave.
Civil procedure — Summary judgment (Order 12 r23) — Meaning of 'Court' — Registrar's powers (Order 25) — Final vs interlocutory relief — Sworn statement formalities (Order 18 r7(5)(c),(d)) — Leave required to use defective statement.
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28 February 2018 |
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Applicants' false imprisonment and negligence claims failed where respondent lacked knowledge of an injunction and could not reasonably foresee arrests.
Civil liability – False imprisonment – Requirement that detention be commenced by defendant or by his orders – Negligence – Duty of care, breach and causation – Foreseeability – Effect of intervening police discretion – Notice and timing of injunctive orders.
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28 February 2018 |
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Claimants failed to prove false imprisonment, malicious prosecution or defamation; defendant had reasonable cause to report alleged theft.
Tort — False imprisonment — Liability for reporting to police; Malicious prosecution — requirement of termination in favour and absence of reasonable and probable cause and proof of malice; Defamation — publication or conduct; Acquittal does not automatically negate reasonable cause for prosecution.
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28 February 2018 |
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Adultery established on balance of probabilities via call logs and witness evidence; plaintiff awarded damages and costs.
Family law – Adultery – proof by circumstantial evidence (call/text logs and witness admission) – damages for loss of consortium and humiliation – default judgment permitted where defendant absent.
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20 February 2018 |
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Claimant who operated machinery without authorization failed to prove employer negligence; claim dismissed with costs.
Personal injury – Employer negligence – Duty of care – Unauthorized operation of workplace machinery – Burden of proof on claimant – Credibility of witnesses – Causation and remoteness of damage.
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19 February 2018 |
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Driver held negligent and insurer liable to policy limits; plaintiff awarded costs and ordered to seek damages assessment.
Delict/Negligence – duty of care, breach and causation – road traffic accident liability; Insurance law – insurer liable to extent of policy cover; Assessment of damages and costs.
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19 February 2018 |
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Failure to meet procedural prerequisites led the court to stay, rather than dismiss, the judicial review hearing.
Civil procedure – premature setting down of matter – failure to file defences – absence of scheduling conference – alleged improper commencement and joinder – stay of judicial review proceedings.
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9 February 2018 |
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Assessment of personal-injury damages: quantum fixed for pain, loss of amenities and disfigurement; special claims partly awarded; earning-capacity claim dismissed.
Personal injury — Assessment of damages — Pain and suffering; Loss of amenities of life; Disfigurement; Special damages require pleading and proof; Loss of earning capacity — insufficient evidence.
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6 February 2018 |
| January 2018 |
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Appeal dismissed: lower court's adverse-possession finding upheld; inheritance statute inapplicable where not pleaded.
Land law – adverse possession – uninterrupted occupation and use for over 12 years – limitation statute; Civil procedure – evaluation of evidence and credibility; Pleadings – court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
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30 January 2018 |
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Appeal dismissed: adverse possession and trial court credibility findings upheld; inheritance law not considered absent pleading.
Land dispute – encroachment – credibility of evidence and assessment of witnesses; Adverse possession – uninterrupted use exceeding 12 years; Limitation Act principles; Pleadings – court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
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30 January 2018 |
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Plaintiffs entitled to general damages for slander; exemplary damages refused for lack of malice or profit motive.
Defamation (slander) – assessment of damages – general (compensatory) damages awarded for reputational injury; no special damages proved – exemplary damages inappropriate where publication not shown to be profit-driven, malicious or recklessly false; vulgar insulting language may not constitute defamation against men.
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22 January 2018 |
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Court granted a three-month extension of a freezing directive under s.23(5) after defendants failed to attend the hearing.
Financial Crimes Act 2017 s.23(5) – Freezing directive – Application for extension – Inter partes hearing – service on defendants and absence of counsel – discretion to extend freezing order.
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19 January 2018 |
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Court held management fees non-exempt under DTAs; UK treaty applied as Netherlands entity lacked substance; appeal dismissed.
Tax law – Double Taxation Agreements – management fees not part of industrial or commercial profits; treaty interpretation – literal where wording is clear; residence/substance – sham/substance-over-form; representative taxpayer under Sections 77–78 Taxation Act; interest under Section 105(6) – arithmetic progression, final rate applies to whole period.
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16 January 2018 |
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Assessment of damages after a road accident: quantum for pain, suffering and loss of amenities based on medical evidence.
Assessment of damages – personal injury after road traffic accident – quantification of pain and suffering and loss of amenities – reliance on medical reports and viva voce evidence – application of restitutio in integrum – use of comparative awards adjusted for currency devaluation.
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10 January 2018 |
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The claimant awarded MK400,000 for pain, suffering and disfigurement after a workplace thumb injury; none for loss of amenities.
Personal injury — assessment of damages — default judgment on liability — evaluation of medical report versus oral evidence — awards for pain and suffering and disfigurement — no award for loss of amenities absent evidence — guidance from comparable awards and restitutio in integrum.
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5 January 2018 |
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Court set aside ex parte stay, ordered judgment executed, finding appeal would not be rendered nugatory; costs to applicant.
Civil procedure – stay of execution – setting aside ex parte stay – whether execution would render appeal nugatory – credibility of affidavit/supporting documents – costs.
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1 January 2018 |