Results.
527 judgments found.
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| March 2024 |
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A statutory corporation/local council is not automatically exempt from enforcement under Order 34 rule 4 absent express statutory coverage.
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Civil procedure — Order 34 r.4 CPR 2017 — exemption from enforcement; Suits by or against the Government — Civil Procedure (Suits by or against the Government or Public Officers) Act; General Interpretation Act — definition of Government; Statutory corporations and Crown immunities; Third-party debt order — stay application dismissed.
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6 March 2024 |
| January 2024 |
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Section 73(2) mandates counsel only where the other party is, or is represented by, a legal practitioner.
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Labour law — Industrial Relations Court — Legal representation — Section 73(2) mandatory where other party is or is represented by a legal practitioner
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Statutory interpretation — Mandatory language "shall" — No judicial addition or discretionary gloss on clear statutory conditions
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Civil procedure — Corporate parties and representation — Other statutes do not displace Labour Relations Act procedural scheme
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29 January 2024 |
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Widow and children entitled to occupy customary land; Msudzulo cannot lawfully deprive them of inheritance or possession.
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Customary law — Msudzulo ceremony — customary practice versus constitutional rights; Inheritance on customary land — Deceased Estates (Wills, Inheritance and Protection) Act — immediate family entitlement; Proof and admissibility — requirement of sworn verification for pleadings; Procedural dismissal of counterclaim.
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17 January 2024 |
| December 2023 |
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Stay pending appeal continued because impecuniosity was not proven and only quantum was under appeal.
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Civil procedure — Stay of execution pending appeal — Appeal concerned only quantum — Burden on applicant to prove appeal would be nugatory by demonstrating impecuniosity at time of application — Procedural non-compliance with issuance formalities distinguished where court had previously fixed hearing date.
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15 December 2023 |
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Court awarded two months’ pay per year plus statutory severance, included certain fringe benefits, and ordered refunds and a 10% devaluation boost.
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Employment law — unfair dismissal — assessment of compensation — application of s.63(4) and (5) Employment Act — duration of service as primary factor; wages definition — inclusion of fringe benefits (airtime, milk, sugar, fuel, housing) and exclusion of employer pension/medical contributions for severance; mitigation of loss not applied as statutory requirement; failure to lead evidence precludes assessment of salary arrears.
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4 December 2023 |
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Regulator acted ultra vires by treating subscription-management provider as a tariff-setting broadcaster; committee hearing was procedurally fair.
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Communications law — Tariff regulation (s.74(1)) — Distinction between subscription broadcasting and subscription management services — Scope of licence — Ultra vires review — Delegation to committees (s.15) — Procedural fairness of regulatory enforcement hearing.
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1 December 2023 |
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The applicants’ non-consultation before redundancy violated fair labour practices; the SCA precedent was held per incuriam.
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Labour law — Retrenchment/redundancy — Requirement to consult employees — Fair labour practices (Constitution s31) — Employment Act s57 and s61(2) — ILO Convention 158 (arts 13–14) — Per incuriam decision (Mkaka One) — Remedy: compensation assessment.
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1 December 2023 |
| October 2023 |
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Court refused oral amendment to cure a jurisdictional omission, dismissed the amendment application and awarded costs to the respondents.
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Civil procedure — Interlocutory applications — Oral applications permitted under Order 10 rule 2(2) — Amendment of applications — Jurisdictional provision (section 23 Courts Act) omitted — Court will not permit amendment that effectively overturns prior ruling — Costs awarded — Leave to appeal refused.
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27 October 2023 |
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Court refused dismissal for want of prosecution and ordered defendant’s lawyers to pay the applicant’s costs personally.
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Civil procedure — dismissal for want of prosecution (Order 12 r54) — burden of proof — admissible court file evidence — scheduling conference documents — costs — personal liability of legal practitioners.
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24 October 2023 |
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Wrong procedural regime and incurable procedural irregularities led to dismissal of the plaintiff’s action; leave to appeal granted.
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Civil procedure — transitional application of rules — 2017 Civil Procedure Rules do not apply to actions commenced before 3 October 2017; Rules of the Supreme Court govern. Procedural irregularity — incurable hybrid use of rules, failure to follow mandatory mediation, improper addition of party — grounds for dismissal. Application to dismiss for want of prosecution must be brought under applicable rules
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18 October 2023 |
| August 2023 |
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Whether default judgment and order for allocation of alternative land are proper despite defective process and Government's failure to defend.
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Default judgment against Government; valid service on Attorney General; procedural irregularities not fatal; court can order allocation of alternative land; public interest in protecting educational facilities; compensation governed by Lands Acquisition and Compensation Act.
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30 August 2023 |
| July 2023 |
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Offer of lease alone is insufficient for ownership; procedural revocation failure by land authority gives rise to damages against the State.
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Land law — offer of lease vs. registered title; Registered Land Act — requirement of registration for leasehold rights; Possession and trespass — possession indicators vs. lawful authority to enter; Town and Country Planning Act — revocation procedure, notice and compensation; Civil procedure — originating summons responses must be by affidavit; State liability for administrative procedural failure.
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14 July 2023 |
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10 July 2023 |
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Assessment of wrongful-death damages: valuation of loss of expectation of life and dependency with inadequate income evidence.
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Wrongful death — Assessment of damages — Loss of expectation of life — Loss of dependency — Multiplicand and multiplier method — Use of minimum wage where income evidence lacking — Special damages and costs.
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4 July 2023 |
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Applicant’s rush to appellate court was premature; lower court’s decision to hear matter inter partes was within its CPR case-management discretion.
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Administrative law — judicial review — leave to apply and interim injunction — ex parte v inter partes hearings — case management discretion under CPR — balance of convenience and public interest in stays of administrative decisions.
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4 July 2023 |
| June 2023 |
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Assessment of damages for retained surgical pack causing prolonged injury; infertility claim not established by medical evidence.
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Medical negligence — retained surgical pack after caesarean — prolonged infection and multiple surgeries — assessment of quantum for pain and suffering, loss of amenities and disfigurement — inability to prove infertility without medical evidence — ex parte assessment after strike‑out of defence — reliance on comparable precedents and consideration of currency devaluation.
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28 June 2023 |
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High Court lacks first-instance jurisdiction over customary land disputes; interlocutory injunction and claim dismissed, no costs, leave to appeal refused.
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Customary land — Appellate jurisdiction of High Court under s49 Customary Land Act and Reg 76 — First-instance customary land disputes to customary tribunals — Interlocutory injunction inappropriate in wrong forum — Legal Aid: no costs against legally-aided person — Leave to appeal refused.
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26 June 2023 |
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A statutory public corporation was held to be protected from seizure-and-sale enforcement under Order 34; the sale and seizure was stayed.
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16 June 2023 |
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Default judgment refused due to incurable procedural defects and lack of jurisdiction in a customary land dispute.
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Civil procedure — Default judgment — Proof of service and supporting sworn statements — Procedural irregularities (undated/unsigned summons) — Jurisdiction — Customary land disputes and the Customary Land Act 2016 — Effect of subordinate court orders and parties — Costs discretion.
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15 June 2023 |
| May 2023 |
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Claimant proved contractor’s negligence for failing to erect roadwork warning signs, causing her husband’s fatal accident.
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Negligence — duty of care of road contractor — failure to erect warning signs at roadworks — causation of fatal accident — burden and standard of proof — failure to call material witnesses — costs awarded to successful claimant.
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29 May 2023 |
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Applications for stay and enlargement of time dismissed as premature and incompetent for lack of jurisdiction; costs awarded to respondent.
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Civil procedure — stay of execution — Applicant must first apply to court below (Order I r.18); stay exceptional and discretionary; Enlargement of time — where order made in chambers leave to appeal required (s.21 SCA Act); Appeals premature before assessment of damages — inchoate judgment; Wrong procedural provision renders application incompetent.
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19 May 2023 |
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Claimant failed to show abuse of prosecutorial discretion; permission for judicial review and stay denied.
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Judicial review — prosecutorial discretion — rare and extreme circumstances required to intervene — abuse of process and mala fides — threshold for permission to apply for review.
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19 May 2023 |
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16 May 2023 |
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12 May 2023 |
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Absence from mediation requires sworn proof of good cause; court adjourned proceeding but ordered defendants to pay attendance costs.
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Civil procedure — mediation — defendant's failure to attend — need for sworn evidence to establish good cause — adjournment versus striking out — costs for claimant's attendance.
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5 May 2023 |
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Default-judgment application dismissed where land dispute raised deceased-estate issues and procedural proof and identity requirements were unmet.
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Default judgment; Order 12 (2017 Rules) — requirements for applications for recovery/possession of customary land; jurisdictional limits where deceased estate/inheritance issues arise; proof of service and identity; requirement to serve personal representative; role of Customary Land Act dispute mechanisms.
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4 May 2023 |
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Whether an insurer is liable where the policyholder sold the insured vehicle to the tortfeasor before the accident.
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Motor vehicle accident — Admission of liability by tortfeasor — Insurer liability — Effect of insured’s sale of vehicle on policy coverage — Issue referred for trial.
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2 May 2023 |
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Relying on errors in the cause list does not justify failing to attend a court-ordered mediation without a reasonable explanation.
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Civil procedure — Mediation — Formal notice (Form 14) versus cause list — Failure to attend mediation — Restoration of dismissed action — Requirement of reasonable explanation.
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2 May 2023 |
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2 May 2023 |
| April 2023 |
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Employer vicariously liable and breached statutory safety duties; claimant awarded damages and costs.
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Employer duty of care; vicarious liability for employee's negligence; breach of Occupational Health, Safety and Welfare Act (s.13); failure to call material witness and to produce maintenance records; contributory negligence considered.
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26 April 2023 |
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Whether a Registrar may restore a defence struck out under Order 13(6)(2) or must refer the issue to the Judge.
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Civil procedure — Mediation — Order 13(6): distinction between dismissal of claim and striking out defence; Registrar's powers under Order 25 — scope, delegation by Judge, and appealability; referral to Judge under Order 25(2) where jurisdictional uncertainty exists.
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19 April 2023 |
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Registrar refers application to Judge, holding restoration of a struck-out defence under Order 13(6)(2) raises jurisdictional ambiguity.
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Civil procedure — mediation — strike out of defence for non-attendance — restoration under Order 13(6)(2) — distinction between "dismiss" and "strike out" — Registrar's jurisdiction under Order 25 — referral to Judge — appealability of Registrar decisions when authorised.
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19 April 2023 |
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Court set aside stay and dismissed appeal for want of prosecution due to inordinate delay and abuse of process.
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Civil procedure — delay and want of prosecution — Inordinate and inexcusable delay as abuse of court process — Stay of execution set aside — Dismissal of appeal under Order 12 Rule 54(1) — Costs awarded to successful party.
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18 April 2023 |
| March 2023 |
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Assessment of damages for two accident victims: awards for general damages, nominal future loss due to insufficient income proof.
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Damages — Personal injury; assessment of quantum for pain and suffering, loss of amenities and disfigurement; loss of earnings and earning capacity — proof of pre-accident income and use of multiplicand/multiplier — nominal awards where income evidence lacking.
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31 March 2023 |
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Court corrected procedural error by granting an enforcement hearing order and requiring direct service on the enforcement debtor before the hearing.
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Civil procedure — Enforcement hearing order under Order 28 r.5 — Distinction between enforcement hearing order and notice of examination of judgment debtor — Service requirements where debtor or independent witness absent (seven days) — Power to grant enforcement hearing order despite procedural error.
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27 March 2023 |
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A restoration application in Chambers succeeds if a party reasonably explains absence, acts promptly, and shows arguable prospects of success.
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Civil procedure — Restoration of proceedings heard in Chambers — Inherent jurisdiction and Orders 1 r.5, 10 r.5 — Requirements: reasonable explanation for absence, promptness, reasonable prospect of success — Prejudice to be considered — Service and chamber practice.
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27 March 2023 |
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Permission granted to judicially review university admission decision; preliminary objection on defendant and service dismissed.
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Administrative law — Judicial review; procedural fairness and legitimate expectation in university admissions; delegated authority of selection committees under the University of Malawi Act; service of process and proper defendant in judicial review proceedings; interim relief considerations.
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10 March 2023 |
| February 2023 |
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First offenders convicted of misuse of public office and influence received three-year sentences suspended for two years due to no loss and mitigating factors.
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Corruption offences — Misuse of public office (section 25B(1)) — Influencing public officer (section 25(2)) — Sentencing: breach of trust, planning, no actual loss, first offenders — Suspension of sentence under sections 339 and 340 Criminal Procedure and Evidence Code.
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27 February 2023 |
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Permission granted to judicially review a statutory appointment; stay refused pending substantive determination.
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Administrative law — Judicial review — Legality and rationality of public appointments — Whether appointment authority lies with President or Minister — Requirement that appointment be from serving public service members — Retirement age under Public Service Act — Standing to seek judicial review — Discretion to grant stay pending review.
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17 February 2023 |
| January 2023 |
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Application for stay under Order 28 r48 was procedurally incompetent absent an existing enforcement order; applicant given leave to refile.
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Civil procedure — Stay of execution pending appeal — Order 28 rule 48 requires an existing enforcement order — prerequisites for stay: serious issue, inadequate damages, status quo, relative strength of case — procedural competence.
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27 January 2023 |
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Court refused to stay compensation assessment pending appeal, holding inchoate liability-only judgments are not suitable for piecemeal appeals.
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Civil procedure — Stay of proceedings — Whether assessment of compensation should be stayed pending appeal — Inchoate judgments (liability without quantified damages) not appealable — Jurisdictional objections and choice of assessing officer do not necessarily warrant suspension — Protecting effective remedies and avoiding piecemeal appeals.
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25 January 2023 |
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The applicant’s request to suspend compensation assessment pending appeal was refused; jurisdictional complaint did not justify a stay.
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Stay of proceedings — suspension of assessment of compensation — inchoate judgment — finality requirement for appeal — jurisdictional challenge not special circumstance — Industrial Relations Court assessment procedure
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25 January 2023 |
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Dismissal without a fair hearing violated constitutional procedural rights; damages awarded, reinstatement impracticable.
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Administrative law — right to lawful and procedurally fair administrative action (section 43) — audi alteram partem; Employment law — unfair dismissal for lack of fair disciplinary process; Remedy — damages where reinstatement impracticable; Costs follow the event.
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24 January 2023 |
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Permission to seek judicial review denied where applicant failed to establish an arguable case or show ownership of impounded timber.
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Administrative law — Judicial review — Leave to apply for judicial review — Applicant must show an arguable case; insufficient, inconsistent documentary evidence; section 42(2)(b) inapplicable where applicant was not arrested.
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18 January 2023 |
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Road obstruction by a driver caused the collision; the insurer was held liable and damages will be assessed.
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Motor vehicle accident — Road obstruction as breach of duty — Foreseeability and causation — Insurer vicarious/liability for insured driver — Assessment of damages and costs.
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13 January 2023 |
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Court awarded K22,000,000 for fatal accident: K20M to estate, K2M to injured claimant; special damages denied.
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Personal injury — Fatal road accident — Damages: loss of expectation of life; loss of dependency (calculated via minimum wage × 12 × remaining years); general damages for pain and suffering; special damages and disfigurement not proved; costs to claimants.
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5 January 2023 |
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Assessment of damages for a child’s death: loss of expectation of life, dependency and survivor’s pain and suffering.
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Damages — wrongful death of a child — loss of expectation of life; loss of dependency — multiplier method using minimum wage and two‑thirds rule; general damages for pain and suffering; refusal to award unproven special damages; costs awarded to claimants.
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5 January 2023 |
| December 2022 |
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Assessment of severe leg injuries: court awarded K29,000,000 (less prior K7,750,000), balance K21,250,000 payable in 45 days.
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Personal injury — Assessment of damages — Pain and suffering, loss of amenities, disfigurement, loss of future earning capacity, nursing care — Hearsay inadmissibility of medical reports not tendered by authors — Use of pictorial evidence and court observation — Multiplicand/multiplier method for future loss — Restitutio in integrum and proportionality.
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24 December 2022 |
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Court reduced taxed costs from MK255.7m to MK70.9m; required evidential support, proportionality, and awarded instruction fee to the NGO.
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Civil procedure — Taxation of costs — Order 31 CPR — standard basis: reasonableness and proportionality; evidence required for fee earners and timesheets; instruction fees payable to instructed firm; expert fees require receipts/agreements; review where taxing officer erred or was unreasonable.
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20 December 2022 |
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The claimant vacated an ex parte suspension after defendants failed to draw or serve the formal order.
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Judicial review — ex parte suspension of enforcement — failure to draw up and serve formal order — Order 23 Rule 2(3)(a) — service by WhatsApp insufficient — bad faith — overriding objective and equal footing — application to vacate granted.
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9 December 2022 |