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Citation
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Judgment date
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| 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 |
| April 2022 |
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DPP certificate transferring a commenced trial was quashed for lack of reasons and bad faith; matter remitted to subordinate court.
Prosecutorial discretion – section 289 CPEC – judicial review of DPP decisions – duty to give reasons when changing forum after trial commencement – certiorari – fair trial and judicial independence.
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22 April 2022 |
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Documents filed by an unlicensed practitioner are nullities; provisional injunction set aside as unjust and disruptive to church operations.
Legal practitioners — practising licence — validity of steps and documents prepared by an unlicensed practitioner — nullity of filings; Interlocutory injunction — Order 10 r.27 — serious question to be tried; adequacy of damages; balance of convenience; inherent jurisdiction; church funds and freedom of worship.
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21 April 2022 |
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Court corrected a clerical error in judgment date, extended time for damages assessment, and directed Registrar to proceed with specified timelines.
Civil procedure — correction of clerical error in judgment (Order 20 r11) — applicable procedural rules for proceedings commenced before 2017 Rules — extension of time for assessment of damages (Order 3 r5) — assessment procedure and particulars for special damages — costs and right of appeal.
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8 April 2022 |
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Court ordered university to process the applicant’s pending PhD results within 90 days for inordinate, unjustified delay.
Administrative law — University academic administration — Inordinate delay in processing postgraduate results — Procedural fairness and legitimate expectations; academic quality assurance; remedy by mandamus to process results within fixed time; costs awarded to successful applicant.
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5 April 2022 |
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Assessment of damages for 64-day unlawful detention and malicious prosecution, with awards for loss of liberty, reputation and mental anguish.
False imprisonment; malicious prosecution; damages assessment — award for 64 days’ detention; damages for injury to feelings, humiliation and loss of reputation; reliance on comparable local authorities.
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4 April 2022 |
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Claimant awarded damages, unpaid salaries, pension and leave grants after unfair dismissal; severance and notice pay excluded due to pension entitlement.
Employment law – unfair dismissal after reinstatement – employer bad faith; calculation of withheld salaries, pension and leave grants; severance/notice pay excluded where pension entitlement and Police Act retirement powers apply; costs awarded.
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4 April 2022 |
| March 2022 |
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An added party cannot invoke non-party rule to vary a consent order; the proper remedy is appeal or action, application dismissed.
Civil procedure — Consent order — Setting aside or variation — Order 23(8) CPR (non-party relief) inapplicable to persons who are parties; aggrieved party should appeal or commence specific action.
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28 March 2022 |
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Summary judgment refused where the defendant’s pleaded defence raised relevant disputable facts regarding alleged lawful summary dismissal.
Civil procedure – summary judgment (Order 12 r.23 CPR) – requirement of no real prospect of defence and no relevant dispute of fact or law – employment dispute – alleged summary dismissal for gross negligence – forum conveniens/transfer to Industrial Relations Court; counterclaim for loss.
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23 March 2022 |
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Summary judgment dismissed where respondent raised arguable defence and relevant factual and legal disputes over alleged unfair dismissal.
Civil procedure – Summary judgment – Order 12 r23 and r26 – defendant must have no real prospect of defence and no relevant dispute of fact or law; Labour law – unfair dismissal – Employment Act s57 – forum conveniens – Industrial Relations Court.
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23 March 2022 |
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Court imposed interim weekend visitation, holiday residence with father, mutual notification, and conduct restrictions pending appeal.
Family law — Interim custody and contact — Visitation on weekends during term; children to reside with father during holidays; mutual notification and prohibition on making children perform tasks in other parent's home; access to grandparent pending appeal.
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11 March 2022 |
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The court dismissed the claim for want of prosecution due to inordinate, inexcusable delay and abuse of process.
Civil procedure – dismissal for want of prosecution – inordinate and inexcusable delay – abuse of court process – Order 12 CPR (strike out after 12 months) – prejudice as ground for dismissal.
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9 March 2022 |
| February 2022 |
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A bare general-denial defence failing to address material facts may be struck out under Order 7 CPR 2017.
Civil procedure – Strike out of defence – Order 7 Rules 6 & 7 CPR 2017 – Bare/general denial and holding defences – Requirement to state material facts and alternative account – Delay and failure to seek leave to amend – Judgment entered.
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24 February 2022 |
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Applicant granted interlocutory injunction restraining respondents from trespass and interference with land; costs awarded pending trial.
Interlocutory injunction – trespass – protection of possession and peaceful enjoyment of property – status quo pending trial – demonstrations and Police Act procedures – procedural irregularity in party naming – costs awarded on indemnity if not agreed.
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23 February 2022 |
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Specific performance denied where purchaser failed to pay balance and vendor resold to a bona fide third party; deposit refunded.
Land law – sale of customary land – specific performance – equitable remedy refused where purchaser had not paid balance and land resold to bona fide third party – deposit recoverable under equitable lien.
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23 February 2022 |
| January 2022 |
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Court found arrests unlawful, awarding damages for false imprisonment, defamation and business loss; malicious prosecution claim dismissed.
False imprisonment — unlawful arrest without reasonable suspicion; Duty to inform arrested person of reason for arrest; Malicious prosecution — requirement of substantive prosecution; Defamation — liability for publicity arising from state-instigated unlawful arrests; Loss of business — damages for confiscated and damaged business equipment; Assessment of damages and costs.
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25 January 2022 |
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Applicant awarded K2,003,000 for pain, suffering and loss of amenities after tricycle accident caused by insurer's insured negligence.
Personal injury — Assessment of damages after default judgment — Liability of insurer for tricycle driver — Pain and suffering and loss of amenities — Proof of special damages (police/medical reports) — Party and party costs.
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13 January 2022 |
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Claimant awarded K1,750,000 for pain and suffering for superficial wounds; no special damages proved.
Personal injury — Assessment of damages — Medical evidence establishes only superficial wounds — Special damages must be specifically pleaded and proved — Award for pain and suffering K1,750,000; no award for special damages, loss of amenities or disfigurement.
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13 January 2022 |