Results.
540 judgments found.
|
|
|
| June 2026 |
|
|
|
29 June 2026 |
| May 2026 |
|
|
Employer must afford accused employees chance to confront accusers; compensation uses wage at dismissal, not a 'boosted' rate.
-
Employment Law
-
—
Disciplinary Proceedings — Right to confront accusers — Employer duty to afford opportunity to cross‑examine (Employment Act ss 57, 61(2))
-
—
Unfair Dismissal — Assessment of compensation — "Wage" means wage at time of dismissal; boosting is an exception
-
Civil Procedure — Execution pending appeal — Wrongful execution where stay conditions met — Refund of sheriff fees
|
29 May 2026 |
|
|
29 May 2026 |
|
No valid presidential appointment or reinstatement was proved; unsigned communications do not constitute lawful presidential decisions.
-
Constitutional Law
-
—
Administrative Justice — Requirement to give written reasons and lawful administrative action — Constitution s43
-
—
Chiefs Appointments and Removals — Presidential decisions must be in writing under signature — Constitution s90; Chiefs Act ss4,11,12
|
29 May 2026 |
|
Whether the respondent lost jurisdiction by deciding after statutory time limits and whether its rules were ultra vires.
-
Administrative law — Rule‑making and ultra vires — Division of rule‑making powers between Society and Disciplinary Committee — Legal Education and Legal Practitioners Act ss 73, 94
-
Disciplinary procedure — Time limits and jurisdiction — Whether Disciplinary Committee loses jurisdiction after expiry of statutory 90/120 days — LELPA s 95
|
21 May 2026 |
|
Rules jointly promulgated by the Society and Committee were ultra vires; committee lost jurisdiction after statutory time limit expired.
-
Administrative Law — Delegated Legislation and Disciplinary Procedure — Validity of rules made jointly by Society and Disciplinary Committee — Whether rules are ultra vires and require gazetting/laying before Parliament — LELPA ss 73, 94, 95; Constitution s58; General Interpretation Act s17
|
21 May 2026 |
|
|
20 May 2026 |
|
Employer held vicariously liable for senior employees' sexual harassment; damages reduced for claimant’s contributory factors.
-
Employment law — Vicarious liability — Sexual harassment by senior employees — Employer’s duty to take reasonable preventive measures
-
Civil damages — Assessment of damages for sexual assault — Reduction where claimant’s conduct and evidentiary gaps affect quantum
|
11 May 2026 |
| April 2026 |
|
|
Use of the wrong prescribed notice form nullified the appeal; absence of a memorandum meant no competent appeal existed.
-
Civil procedure
-
—
Appeals from subordinate court to High Court — Notice of appeal — Prescribed Form 26 mandatory; use of Supreme Court of Appeal form invalidates appeal
-
—
Record of appeal — Memorandum of appeal (grounds) integral to record of appeal; absence means no appeal
-
—
Procedural irregularity — Fundamental defects in prescribed form cannot be cured by inherent jurisdiction or Order 2 relief
|
14 April 2026 |
|
Statutory forum under the Waterworks Act requires transfer; injunctive relief does not confer High Court jurisdiction.
-
Civil procedure
-
—
Jurisdiction — Transfer to Resident Magistrate’s Court under Section 13 Waterworks Act
-
—
Interim relief — Injunctions do not confer High Court jurisdiction — Courts Act s39(2)(b)
-
Subordinate courts — Interlocutory powers — Order 12 Rule 7 consistent with s39 and not an injunction
|
13 April 2026 |
|
Section 19 immunity under the Environmental Management Act 2017 extends to duly authorised private licence-holders; claimants must prove bad faith.
-
Environmental law — Statutory immunity — Whether s.19 of the Environmental Management Act 2017 extends to private licence-holders
-
Statutory interpretation — Ejusdem generis and marginal notes — Whether ejusdem generis restricts the scope of s.19 of the Act
|
9 April 2026 |
| February 2026 |
|
|
|
27 February 2026 |
|
Judicial review application dismissed for being filed out of time; respondent affidavit held incurably defective; referral refused.
-
Administrative law — Judicial review — Time limits — Promptness and three‑month rule under Order 19 Rule 20(5)-(6) — Extension only for good reason
-
Civil procedure — Affidavits — Jurat defects — Incurable inconsistent/omitted dates render affidavit ineffectual; not curable under Order 18 r18-19 and Oaths, Affirmations and Declarations Act s10
-
Procedure — Constitutional certification — No proceeding to refer to Chief Justice under Courts Act s9
|
24 February 2026 |
|
|
20 February 2026 |
|
An Ombudsman may investigate anonymous whistle‑blower complaints and lawfully construe statutory qualification requirements in recruitment.
-
Ombudsman jurisdiction — anonymous complaints and whistle‑blower protection (s12A); maladministration in public recruitment; statutory interpretation of qualifications (s6(5) Corrupt Practices Act); separation of powers and administrative oversight.
|
16 February 2026 |
|
Whether the Chief Secretary lawfully seconded senior military officers — judicial review, s43 fairness and Public Service Act deployment rules.
-
Judicial review — amenability of executive actions; administrative justice — s43 right to lawful and procedurally fair administrative action and reasons; ultra vires and Wednesbury unreasonableness — Public Service Act (s10) deployment requirements; separation of powers — High Court jurisdiction under s108(2); duty of candour in judicial review.
|
12 February 2026 |
| January 2026 |
|
|
A stay filed under incorrect rules is incompetent; election urgency does not excuse procedural non‑compliance.
-
Civil Procedure
-
—
Stay/Suspension of Judgment — Proper procedural basis and applicable rules — Courts (High Court) (Civil Procedure) Rules Order 28 Rules 48–50 — Supreme Court Rules inapplicable to High Court proceedings
-
—
Inherent Jurisdiction — Invocation where specific statutory procedure exists — Not to be used in lieu of prescribed rules without solid cause
-
—
Curative Powers — Order 2 Rule 2/3 — Irregularities may be cured but good cause required; urgency alone insufficient
|
29 January 2026 |
|
High Court remitted a medical disciplinary case for fresh inquiry due to an incomplete and inadequate record.
-
Medical disciplinary proceedings — statutory requirement to record proceedings and reasons (s48(5) Medical Practitioners and Dentists Act) — incomplete/inconsistent record — adequacy of minutes vs verbatim record — appellate review limited by deficient record — referral for fresh inquiry — issues of informed consent, negligence and gross incompetence considered but not determined on merits.
|
29 January 2026 |
|
|
8 January 2026 |
| December 2025 |
|
|
The claimant’s late-registered lease was void; earlier registered lease prevails and the trespass claim is dismissed.
-
Deeds Registration Act — mandatory registration period; late registration renders instrument void — priority of registration under s.8
-
Trespass — possessory tort; possession ordinarily sufficient but yields to superior registered title. Nemo dat quod non habet — unregistered surrender ineffective; re-grant by minister invalid if prior lease subsists. Res judicata — default judicial review judgment not a merits-based bar; identity of parties and merits required
-
Limitation — bars affirmative claims but does not preclude defendants relying on historical title defensively
-
Relief — interlocutory injunction vacated; court-directed survey to demarcate customary land boundaries
|
30 December 2025 |
|
|
17 December 2025 |
| November 2025 |
|
|
Post-declaration election petitions proceed under Section 101; technical defects in verification are curable and not necessarily fatal.
-
Election law — Procedure — Distinction between Sections 100 and 101 PPLGEA — Post-declaration petitions proceed under Section 101 — Verifying sworn statements and exhibits — Procedural defects curable under CPR, 2017 — Judicial review not mandatory for factual election disputes.
|
7 November 2025 |
| October 2025 |
|
|
A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
-
Gender Equality Act — right to sexual and reproductive health; Penal Code s243 — preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
|
28 October 2025 |
| September 2025 |
|
|
Leave for judicial review dismissed for deficient drafting, but applicant granted liberty to refile with notice to respondent.
-
Judicial review — leave to apply — procedural and drafting deficiencies (typos, wrong citations, unclear arguments) — Order 19 CPR — dismissal with liberty to refile — notice to respondent.
|
22 September 2025 |
| June 2025 |
|
|
Court declared multiple constitutional breaches in a detained child’s treatment and ordered declarations, mandamus, compensation and costs.
-
Constitutional and child-protection law — detention of children — torture and cruel, inhuman or degrading treatment — right to be informed of rights on arrest — prompt notification of parent/guardian — separation from adult offenders — right to nutrition — entitlement to compensation and mandamus relief.
|
19 June 2025 |
|
An unwarned shot by a police officer killed an innocent bystander; the police service held vicariously liable, revenue authority not liable.
-
Police law — use of firearms — duty to give warning, proportionality, and duty to render medical assistance; vicarious liability of police service; revenue authority not vicariously liable; admissibility and limited weight of hearsay in postmortem remarks.
|
19 June 2025 |
| May 2025 |
|
|
Court exercised inherent jurisdiction to release a deteriorating vehicle from custody, imposing conditions to protect the applicant's claim.
-
Civil procedure — Inherent jurisdiction — Release of property in Court custody to prevent deterioration — Interim protective conditions to safeguard parties' substantive rights.
|
28 May 2025 |
|
The respondent's application for leave to appeal was denied because the High Court's review judgment remained inchoate pending assessment of terminal dues.
-
Administrative law — Appeals — Leave required for appeals from High Court judgments given on review under s123(2) of the Constitution and s21 of the Supreme Court of Appeal Act; inchoate judgments pending Registrar’s assessment; Ombudsman jurisdiction — anonymous complaints and locus standi; interpretation of constitutional provisions and binding precedent.
|
22 May 2025 |
|
An expired, unrenewed summons served outside the three‑month period is ineffectual and justified striking out the claim.
-
Civil procedure — validity and service of summons — Order 7 rule 25 (3‑month rule) — Irregularity and cure — Order 2 rules — renewal of summons — strike out — notice of change of legal practitioners not served — interlocutory application falls away.
|
9 May 2025 |
| April 2025 |
|
|
The High Court has no jurisdiction to enlarge the statutory 30‑day appeal period from the Industrial Relations Court.
-
Labour law — Appeals from Industrial Relations Court — Section 65(2) Labour Relations Act — thirty-day statutory appeal period — High Court lacks power to enlarge time — IRC (Procedure) Rules inapplicable in High Court.
|
1 April 2025 |
| March 2025 |
|
|
Oral preliminary objections are procedurally improper; such issues must be raised by formal application supported by affidavit.
-
Civil procedure — preliminary issues — must be raised by formal application supported by affidavit and skeleton arguments — oral preliminary objections improper — viva voce evidence from counsel inappropriate — improperly raised issue struck out with liberty to refile.
|
25 March 2025 |
|
Registrar’s total non-response to information requests on political party funding was unlawful and required written explanation; fee non-payment alone did not justify silence.
-
Access to information — political party funding — duty of Registrar to respond — constitutional right of access (s.37) — Political Parties Act s.36 — subsidiary fees and competence of requests — absence of regulations — judicial review of administrative non-response.
|
12 March 2025 |
|
High Court affirms unfair dismissal but reduces an IRC award, restricting boosting and interest in labour compensation.
-
Employment law — conversion of fixed-term to indefinite contract — unfair dismissal under sections 28 and 57 of the Employment Act; Labour compensation — judicial discretion under section 63(4) — limits on boosting, inflation adjustments and interest in labour awards; Civil procedure — compliance with pleadings and effect of failure to amend.
|
12 March 2025 |
|
Leave for judicial review of a Law Society disciplinary process was discharged as premature; disciplinary self-regulation aligns with procedural-fairness rights.
-
Administrative law — judicial review — permission to commence — prematurity of review before disciplinary hearing; Legal profession — self-regulation and disciplinary jurisdiction; Constitutional law — section 43 right to procedurally fair administrative action; Professional ethics — personal conduct on social media as conduct bringing profession into discredit.
|
11 March 2025 |
| January 2025 |
|
|
The Ombudsman lacked jurisdiction to investigate an anonymous complaint; resulting employment nullifications were set aside and benefits ordered.
-
Ombudsman jurisdiction — section 123(1) Constitution — anonymous complaints — requirement that a person who has suffered injustice lay complaint; judicial review of Ombudsman determinations; nullity of unlawful directives; compliance by public authority; reinstatement and terminal benefits; costs each party.
|
31 January 2025 |
|
Claim dismissed with costs for failure to comply with trial directions and an incompetent adjournment request.
-
Adjournment applications — competence and supporting evidence; failure to comply with trial directions; failure to prosecute; court’s discretion to grant adjournments; dismissal with costs.
|
29 January 2025 |
|
|
12 January 2025 |
| December 2024 |
|
|
Whether recognising foreign law degrees with lower entry standards violates constitutional equality and education standards; referral to the Chief Justice.
-
Constitutional law — education standards — recognition of foreign qualifications — discrimination and equality (Sections 25, 13, 20) — NCHE and CLE powers — constitutional interpretation by registrars — Section 9(2) Courts Act referral to a panel of judges.
|
6 December 2024 |
| November 2024 |
|
|
Appeal dismissed for inordinate delay and failure to prosecute; missing-file excuse was unsubstantiated hearsay.
-
Civil procedure — dismissal for want of prosecution — Order III r.9 (record of appeal) — Practice Direction No 1 of 2010 (skeleton arguments) — missing court file allegation — hearsay — failure to prosecute — costs.
|
29 November 2024 |
|
Assistant Registrar recused from processing an admission petition after finding the petitioner’s grades may not meet constitutional and regulatory minimum education standards.
-
Legal education — admission to practice — assessment and recognition of foreign law degrees — requirement that private and foreign qualifications meet standards not inferior to public universities — constitutional s.25(3)(b) and regulatory minimum standards — recusal where court officer forms prejudicial views.
|
26 November 2024 |
|
High Court set aside magistrate’s judgment for lack of jurisdiction and ordered respondents to repay sums obtained; costs ordered against respondents’ counsel.
-
Civil procedure — Jurisdiction of subordinate courts — Cause of action arising in another district — Proceedings and judgments without jurisdiction are null and void — High Court power to set aside subordinate court judgments — Third-party debt/attachment orders — Costs and remedies against counsel.
|
21 November 2024 |
|
|
6 November 2024 |
|
Court escalated the 1981 compensation for the applicant's compulsorily acquired land to MK20,000,000 and denied aggravated damages.
-
Land Acquisition Act (as in force at acquisition) — assessment of fair compensation — section 10 factors (consideration paid, improvements, appreciation) — valuation methodology and escalation of historic award — post-acquisition change of land use not to be used to increase historic compensation — aggravated/exemplary damages against State — requirements; loss-of-opportunity claim not entertained if unpleaded.
|
5 November 2024 |
| October 2024 |
|
|
Summary judgment refused because disputed facts and legal issues exist on premises owner status and dog-handler negligence.
-
Civil procedure — Summary judgment — Order 12 CPR — Realistic vs fanciful prospects; Premises liability — vicarious/statutory owner under Control and Diseases of Animals Act; Negligence of dog handler — triable issue; Failure to plead/support failure-to-warn allegation; Judgment on admission — requirements for written admissions.
|
31 October 2024 |
|
|
30 October 2024 |
|
Court continued stay of execution pending appeal, dismissed disclosure application as otiose, and ordered parties to agree arrangements within 28 days.
-
Civil procedure — stay of execution pending appeal — discretion guided by interests of justice; disclosure/production of financial documents — otiose and irrelevant where stay already granted; interlocutory directions to agree arrangements.
|
30 October 2024 |
|
Registrar rejected duplicate originating proceedings as an abuse of process and improper filing at the wrong registry.
-
Registrar's power to reject documents — abuse of court process by duplicative filings (summons and judicial review) — improper forum/registry — Order 5 rules 10–13; Order 6 r9; Courts Act s3 and s6A(2).
|
27 October 2024 |
|
Whether requiring NRB-issued registration as proof for voter registration unlawfully restricts the applicant's right to vote.
-
Electoral law — Voter registration — Proof of eligibility — Section 12 Elections Act requiring NRB registration as proof — Franchise under section 77 Constitution — Interlocutory injunction — Separation of powers.
|
25 October 2024 |
|
Appeal struck out for inordinate delay where appellant failed to ensure preparation of the record of appeal.
-
Civil Procedure
-
—
Appeals from Industrial Relations Court — Striking out appeal for want of prosecution
-
—
Record of Appeal — Duties of appellant and lower court to prepare record under Order XXXIII/Subordinate Court Rules
-
Labour Law — Suspension of enforcement pending appeal — Vacatur where appeal is struck out for non‑prosecution
|
11 October 2024 |
|
An appeal can be struck out for inordinate delay where the appellant fails to ensure timely preparation of the record of appeal.
-
Civil procedure — Appeal — Want of prosecution — Delay in preparation of record of appeal — Duties of appellant and court under procedural rules — Inherent jurisdiction to strike out appeal — Suspension of enforcement vacated — Costs under s72 Labour Relations Act
|
11 October 2024 |