Results.
5 judgments found.
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| July 2022 |
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Assessment awarded MK6.8m (plus MK3,000 police report), net MK4,762,100 after 70% defendant liability; medical report cost not proved.
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Assessment of damages — non‑pecuniary losses (pain and suffering, loss of amenities, disfigurement) — use of comparable awards and currency adjustment — proof required for special damages — apportionment of liability applied — insurer's policy limit disregarded for lack of evidence.
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29 July 2022 |
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Leave denied: claimant’s judicial review was premature for failing to exhaust licence arbitration and internal remedies.
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Administrative law — Judicial review — Leave required; alternative remedies/arbitration under licence; Communications Act s74 (tariff regulation) and clause 11.2 (prior approval) — Preliminary findings and procedural fairness — Ultra vires challenge to regulatory inquiry.
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25 July 2022 |
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Interlocutory injunction refused where procedural non‑compliance and a registered caution already prevent property disposition.
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Civil procedure — Interlocutory injunction — Order 10 r.3 & r.8(1) compliance when applying before proceedings — Registered Land Act s.127(2) — Effect of registered caution preventing disposition — Balance of convenience.
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22 July 2022 |
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Assessment of personal injury damages reduced for evidentiary discrepancies and subject to agreed contributory negligence.
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Assessment of damages — personal injury — pain and suffering, loss of amenities, disfigurement — reliance on comparable local awards — effect of contributory negligence and inconsistencies in pleadings/evidence on quantum.
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7 July 2022 |
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Unchallenged invoices proved special damages; court awarded hiring and repair costs after default judgment.
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Assessment of damages — special damages — strict proof required — unchallenged invoices and quotations sufficient to establish quantum — award for hiring and repair costs following default judgment.
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7 July 2022 |