Results.
537 judgments found.
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| June 2022 |
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Court awarded MK4,810,000 for proven injuries, rejecting unproven traumatic brain injury and unsubstantiated business income.
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Road traffic accident — quantum of damages — pain and suffering, loss of amenities, disfigurement — loss of earnings and earning capacity — proof of traumatic brain injury and business income — reliance on comparable awards.
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23 June 2022 |
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Assessment of personal injury damages after default judgment: court awards MK12,000,000 for pain, disfigurement and 28% incapacity.
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Personal injury — assessment of damages — pain and suffering, loss of amenities, disfigurement — permanent incapacitation assessed at 28% — use of comparable awards — default judgment — quantum and costs.
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23 June 2022 |
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The respondent’s five‑year sentence for defiling a 12‑year‑old was manifestly inadequate and increased to 14 years.
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Criminal law — Defilement — Sentencing — Starting point of 14 years for victims at the lower end of age spectrum — Review standard for sentences: error in principle/manifestly inadequate or excessive — Aggravating factors: victim age (12), use of force and threats, significant age gap — Mitigation: youth and first offender status insufficient to justify leniency.
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23 June 2022 |
| May 2022 |
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A purportedly created village/headmanship must follow consultative procedure and cannot extinguish existing customary land rights.
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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.
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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.
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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.
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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.
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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.
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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.
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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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9 May 2022 |
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Application to restore stay and preserve property pending appeal dismissed for lack of prospects and misconceived interpleader.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |
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8 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.
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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.
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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.
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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 |
| December 2021 |
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Court upheld permission for judicial review and continued interim injunction, finding triable questions on jurisdiction and bias.
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Judicial review — permission stage (arguable case) — Ombudsman powers under s123(1)-(2) — jurisdictional limits versus alternative remedies — apparent bias/conflict of interest — interlocutory reliefs to preserve status quo pending review.
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27 December 2021 |
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A regulator’s recall order issued without hearing the applicant breached natural justice and was quashed; costs awarded against the respondent.
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Administrative law — natural justice — right to be heard — recall and re-export of imported goods — Malawi Bureau of Standards Act (market surveillance, section 30 and section 35) — procedural fairness — result of re-testing deemed to apply to whole batch (section 35(3)) — decision void for breach of natural justice.
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9 December 2021 |
| November 2021 |
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Assessment of damages for false imprisonment and defamation against the respondent held vicariously liable.
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Tort — False imprisonment — Damages for loss of liberty, humiliation and stigma; Defamation — damages at large to vindicate reputation; Assault and inconvenience considered within false imprisonment; Vicarious liability of employer.
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16 November 2021 |
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A default judgment on non-monetary claims was set aside; subordinate court must hear the parties.
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Courts Act s26 — supervisory/revisionary jurisdiction; Subordinate Court Rules Order XIX — default judgments; Default judgment only for specified monetary claims; Inadvertent default judgment set aside and matter remitted for hearing.
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15 November 2021 |
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Application for interlocutory injunction dismissed: traders on a road reserve have no serious claim and damages or relocation suffice.
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Interlocutory injunction — test (serious question, adequacy of damages, justice) — occupation on road reserve — temporary permission to trade — alternative relocation provided — Public Roads Act/compensation issues — balance of convenience and public interest.
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1 November 2021 |
| October 2021 |
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20 October 2021 |
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Whether the respondent validly cancelled an LPO without one-week written notice where time was of the essence and the claimant relied on it.
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Contract law — formation by LPO — time of the essence — delivery schedule and budgetary deadline — termination clause requiring one-week written notice — unlawful cancellation and reliance damages.
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12 October 2021 |
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An application for judgment on admission is incompetent if no summons has been issued to commence proceedings.
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Civil procedure — commencement of proceedings by summons (Order 5 Rule 1) — judgment on admission under Order 12 Rule 32 — judgment on admission presupposes prior commencement of proceedings — incompetence of application without summons.
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8 October 2021 |
| August 2021 |
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Claimant’s withdrawal of judicial review attracts costs to defendants for expenses incurred before service of the discontinuance.
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Civil procedure — Discontinuance/withdrawal of proceedings — Costs liability under Order 12 r49 — Court order required under Order 31 r1(2) — Costs awarded for work done on or before service of notice — Assessment by Registrar.
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23 August 2021 |
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Summary judgment refused because material disputes of fact existed and prior consent order did not prove negligence.
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Civil procedure — summary judgment — Order 12 rules — real prospect of defence — relevant dispute of fact — consent order in lower court as compromise not admission of liability — negligence claim concerning low‑lying power lines.
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6 August 2021 |
| July 2021 |
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Assessment of quantum for personal injury where claimant's uncontroverted evidence established fractures, disfigurement, and proved limited special damages.
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Personal injury — assessment of damages — quantum for pain and suffering, loss of amenities and disfigurement — reliance on uncontroverted evidence and comparable awards — proof of special damages (police report vs medical report).
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29 July 2021 |
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Appellate court remitted the file for the trial record on distribution of matrimonial property before reviewing that issue.
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Family law — Divorce — Grounds and fault — Custody and maintenance — Distribution of matrimonial property — Appellate review requires full trial record — Remittal to trial court for missing record.
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26 July 2021 |
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26 July 2021 |
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Whether failure by a district authority to act under the Riot Damages Act gives rise to compensable statutory or constitutional tort.
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Riot Damages Act (ss.3–7) — statutory duties of District Commissioner — requirement to declare restricted/riot damage areas — burden and standard of proof in civil claims — necessity of police reports/records and corroborative evidence to establish riot and damages — failure to substantiate claim leads to dismissal.
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26 July 2021 |
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Court accepted claimant’s oral evidence of rib fracture and awarded K4.7 million for non-pecuniary losses.
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Personal injury — assessment of damages; proof of injury on balance of probabilities; hearsay limitations for medical report; reliance on claimant's oral testimony; heads of damages: pain and suffering, loss of amenities, disfigurement; use of comparable awards and adjustment for currency value; special damages require strict proof.
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20 July 2021 |
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High Court lacks statutory supervisory jurisdiction to review Industrial Relations Court orders under Courts Act s26(1).
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Civil procedure — Supervisory and revisionary jurisdiction — Whether High Court has general supervisory jurisdiction under Courts Act s26(1) over Industrial Relations Court orders — Industrial Relations Court constituted under Labour Relations Act, not Courts Act — s26(1) inapplicable
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15 July 2021 |
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Whether an interlocutory injunction should restrain a fence blocking an alleged access road and whether a locus inspection is required.
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Civil procedure — interlocutory injunction — access to land — dispute over prior use of access road — locus in quo inspection where parties’ factual accounts conflict — balance of convenience and irreparable harm.
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9 July 2021 |
| June 2021 |
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Whether striking out a defence at mandatory mediation was a proportionate sanction and whether mediation confidentiality was breached.
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Civil procedure — mandatory mediation — Order 13 r.6 CPR (2017) — striking out defence for non-attendance — proportionality of sanction; mediation confidentiality — Order 13 r.7 — use of mediation materials in substantive orders; case management discretion — appellate review; restoration and costs as remedies.
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23 June 2021 |
| May 2021 |
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Failure to furnish written reasons for denying land access breaches the constitutional right to administrative justice.
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Administrative law — Section 43 Constitution — right to lawful and procedurally fair administrative action — duty to furnish written reasons — judicial review focuses on decision-making process — remedy: quashing decision; damages for trespass.
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27 May 2021 |
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Claimant's challenge to denial of access succeeded: failure to give reasons breached section 43, decision quashed and trespass damages awarded.
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Administrative law — Judicial review — Procedural fairness — Failure to give written reasons — Breach of constitutional right to administrative justice (Section 43) — Decision quashed — Remedy: damages for trespass — Court reviews process not merits of title dispute.
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27 May 2021 |