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Citation
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Judgment date
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| May 2022 |
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A purportedly created village/headmanship must follow consultative procedure and cannot extinguish existing customary land rights.
Chiefs Act – creation and recognition of villages – necessity of consultation with District Commissioner and affected persons; Customary land – use and occupation rights protected; Village headmanship does not extinguish pre-existing land rights; Remedies for trespass require specific, case-by-case proceedings; Mediation exemption considered where dispute involves complex chieftaincy and land issues.
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30 May 2022 |
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The Minister acted without jurisdiction and denied the applicant procedural fairness; ministerial and MHC decisions were quashed.
Administrative law — ministerial ultra vires action — Statutory Bodies (Control of Contracts) Act inapplicable — procedural fairness and right to reasons under section 43 — decision quashed.
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26 May 2022 |
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Ministerial direction to revoke a lease was ultra vires and procedurally unfair; decision quashed.
Administrative law – Judicial review – Ultra vires ministerial intervention; Statutory Bodies (Control of Contracts) Act inapplicable to lease revocation – Right to lawful and procedurally fair administrative action; audi and reasons – Protection of property rights.
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26 May 2022 |
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Sale to the claimant, a foreign national, was void for non-compliance with Land Act; injunction and claims dismissed.
Land law – Sale of private land to non-citizen – Ministerial consent and newspaper publication requirements – Illegality and voidness of contract; interlocutory injunction – serious question to be tried; inadmissibility of irregular sworn statements; remedies for rectification of land register entries.
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24 May 2022 |
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Two applicants awarded MK5,020,000 each for personal injuries; first applicant's claim unsupported for lack of evidence.
Personal injury — assessment of damages — general damages for pain and suffering, loss of amenities and disfigurement — evidentiary sufficiency for claims — refusal to award loss of vehicle without proof of amount.
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18 May 2022 |
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Abuse of public office and armed intimidation in a traffic dispute justified aggravated and exemplary awards for assault and false imprisonment.
Tort — assault and false imprisonment; assessment of damages; aggravated and exemplary (punitive) damages; abuse of public office by security officer; use of firearm as aggravating factor; mitigation for claimant’s conduct.
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10 May 2022 |
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A presidential security officer’s abusive conduct warranted compensatory, aggravated and exemplary damages totaling MK10,000,000.
Tort — assault and false imprisonment; assessment of damages; aggravated and exemplary/punitive damages; abuse of public office by security officer; mitigation; combined‑issue approach to quantum.
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10 May 2022 |
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Application to restore stay and preserve property pending appeal dismissed for lack of prospects and misconceived interpleader.
Civil procedure – preservation of property and stay pending appeal – misused interpleader in matrimonial distribution – need to join third parties early – test for stay: special circumstances and prospects of success.
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6 May 2022 |