Results.
541 judgments found.
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| March 2018 |
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The applicant failed to prove continued possession of customary land; claim dismissed; respondents ordered to provide a token of appreciation; costs borne individually.
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Customary land — possession and control — burden on balance of probabilities; church property as collective; failure to prove continued possession; claim dismissed; token of appreciation ordered; parties to bear own costs.
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20 March 2018 |
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Personal injury claim dismissed as statute‑barred where the writ was filed after the three‑year limitation and plaintiff did not attend hearing.
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Limitation Act — personal injury — three-year limitation for actions for damages for negligence — "brought"/filed within statutory period; Civil procedure — Order 14A point of law determination; Order 32 r.5 — hearing in absence where party duly served; statute-barred claim — dismissal with costs.
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16 March 2018 |
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Action struck out as abusive and premature for duplicating a pending appeal and for failing to exhaust internal party remedies.
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Party constitution — internal dispute resolution (Article 56) — exhaustion of internal remedies — abuse of court process — duplicative litigation and risk of conflicting judgments — striking out proceedings.
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6 March 2018 |
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2 March 2018 |
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Plaintiff failed to prove occupier or agency status or negligence; claim dismissed and costs awarded to defendants.
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Occupiers' liability — proof of occupier status; Agency — requirement of evidence to prove agency/consent; Negligence — duty, breach and causation on balance of probabilities; Evidentiary inconsistencies and trespasser status affect liability.
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2 March 2018 |
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Taxation of costs held premature because matter was not concluded; taxation deferred until final determination.
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Civil procedure — Taxation of costs — Order 62 r.8(1) — Costs not taxable until conclusion of matter unless court expressly orders earlier taxation — "to be taxed or agreed" does not equate to "taxation forthwith" — premature taxation dismissed.
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1 March 2018 |
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1 March 2018 |
| February 2018 |
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Registrar has no authority to grant summary judgment; defective sworn statement cannot be used without court leave.
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Civil procedure — Summary judgment (Order 12 r23) — Meaning of 'Court' — Registrar's powers (Order 25) — Final vs interlocutory relief — Sworn statement formalities (Order 18 r7(5)(c),(d)) — Leave required to use defective statement.
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28 February 2018 |
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Applicants' false imprisonment and negligence claims failed where respondent lacked knowledge of an injunction and could not reasonably foresee arrests.
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Civil liability — False imprisonment — Requirement that detention be commenced by defendant or by his orders — Negligence — Duty of care, breach and causation — Foreseeability — Effect of intervening police discretion — Notice and timing of injunctive orders.
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28 February 2018 |
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Claimants failed to prove false imprisonment, malicious prosecution or defamation; defendant had reasonable cause to report alleged theft.
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Tort — False imprisonment — Liability for reporting to police; Malicious prosecution — requirement of termination in favour and absence of reasonable and probable cause and proof of malice; Defamation — publication or conduct; Acquittal does not automatically negate reasonable cause for prosecution.
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28 February 2018 |
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Adultery established on balance of probabilities via call logs and witness evidence; plaintiff awarded damages and costs.
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Family law — Adultery — proof by circumstantial evidence (call/text logs and witness admission) — damages for loss of consortium and humiliation — default judgment permitted where defendant absent.
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20 February 2018 |
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Claimant who operated machinery without authorization failed to prove employer negligence; claim dismissed with costs.
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Personal injury — Employer negligence — Duty of care — Unauthorized operation of workplace machinery — Burden of proof on claimant — Credibility of witnesses — Causation and remoteness of damage.
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19 February 2018 |
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Driver held negligent and insurer liable to policy limits; plaintiff awarded costs and ordered to seek damages assessment.
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Delict/Negligence — duty of care, breach and causation — road traffic accident liability; Insurance law — insurer liable to extent of policy cover; Assessment of damages and costs.
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19 February 2018 |
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Failure to meet procedural prerequisites led the court to stay, rather than dismiss, the judicial review hearing.
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Civil procedure — premature setting down of matter — failure to file defences — absence of scheduling conference — alleged improper commencement and joinder — stay of judicial review proceedings.
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9 February 2018 |
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Assessment of personal-injury damages: quantum fixed for pain, loss of amenities and disfigurement; special claims partly awarded; earning-capacity claim dismissed.
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Personal injury — Assessment of damages — Pain and suffering; Loss of amenities of life; Disfigurement; Special damages require pleading and proof; Loss of earning capacity — insufficient evidence.
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6 February 2018 |
| January 2018 |
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Appeal dismissed: lower court's adverse-possession finding upheld; inheritance statute inapplicable where not pleaded.
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Land law — adverse possession — uninterrupted occupation and use for over 12 years — limitation statute; Civil procedure — evaluation of evidence and credibility; Pleadings — court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
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30 January 2018 |
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Appeal dismissed: adverse possession and trial court credibility findings upheld; inheritance law not considered absent pleading.
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Land dispute — encroachment — credibility of evidence and assessment of witnesses; Adverse possession — uninterrupted use exceeding 12 years; Limitation Act principles; Pleadings — court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
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30 January 2018 |
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Plaintiffs entitled to general damages for slander; exemplary damages refused for lack of malice or profit motive.
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Defamation (slander) — assessment of damages — general (compensatory) damages awarded for reputational injury; no special damages proved — exemplary damages inappropriate where publication not shown to be profit-driven, malicious or recklessly false; vulgar insulting language may not constitute defamation against men.
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22 January 2018 |
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Court granted a three-month extension of a freezing directive under s.23(5) after defendants failed to attend the hearing.
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Financial Crimes Act 2017 s.23(5) — Freezing directive — Application for extension — Inter partes hearing — service on defendants and absence of counsel — discretion to extend freezing order.
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19 January 2018 |
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Court held management fees non-exempt under DTAs; UK treaty applied as Netherlands entity lacked substance; appeal dismissed.
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Tax law — Double Taxation Agreements — management fees not part of industrial or commercial profits; treaty interpretation — literal where wording is clear; residence/substance — sham/substance-over-form; representative taxpayer under Sections 77–78 Taxation Act; interest under Section 105(6) — arithmetic progression, final rate applies to whole period.
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16 January 2018 |
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Assessment of damages after a road accident: quantum for pain, suffering and loss of amenities based on medical evidence.
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Assessment of damages — personal injury after road traffic accident — quantification of pain and suffering and loss of amenities — reliance on medical reports and viva voce evidence — application of restitutio in integrum — use of comparative awards adjusted for currency devaluation.
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10 January 2018 |
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The claimant awarded MK400,000 for pain, suffering and disfigurement after a workplace thumb injury; none for loss of amenities.
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Personal injury — assessment of damages — default judgment on liability — evaluation of medical report versus oral evidence — awards for pain and suffering and disfigurement — no award for loss of amenities absent evidence — guidance from comparable awards and restitutio in integrum.
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5 January 2018 |
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Court set aside ex parte stay, ordered judgment executed, finding appeal would not be rendered nugatory; costs to applicant.
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Civil procedure — stay of execution — setting aside ex parte stay — whether execution would render appeal nugatory — credibility of affidavit/supporting documents — costs.
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1 January 2018 |
| December 2017 |
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Assessment of damages for a minor's road traffic injuries: quantum for pain, disfigurement, and minimal future earning loss.
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Assessment of damages — personal injury from road traffic accident — quantum for pain and suffering and loss of amenities — award for disfigurement — minimal future loss of earning capacity for a minor absent evidence — proof required for special damages — assessment in default of defendant.
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28 December 2017 |
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Appellant’s land ownership challenge dismissed for failing to show trial-court error; magistrate’s credibility findings and T/A evidence upheld.
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Land law — unlawful sale/purchase of land; appeal — requirement to identify errors of law or fact; assessment of witness credibility; evidentiary weight and admissibility of Traditional Authority testimony; appellate deference to trial court’s factual findings.
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18 December 2017 |
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Whether a municipal withdrawal and demolition of an allocated plot complied with statutory/by‑law procedure and constituted trespass.
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Land law — municipal plot allocation and withdrawal — requirement to follow local by-laws and Plot Allocation Committee procedure; Town and Country Planning Act — limits of stop notices; permitted development and right to compensation; trespass — unlawful demolition of structures; remedies and costs.
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13 December 2017 |
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Whether a subordinate court can transfer to the High Court and the duty of full disclosure in ex parte transfer applications.
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11 December 2017 |
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Under customary law, the royal family’s selection controls VH succession; a TA may not appoint or impose a non‑royal candidate.
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Customary law and chieftaincy succession — village headman appointment — limits on Traditional Authority’s power — family selection rights — interim caretaker not entitled to ascend.
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11 December 2017 |
| June 2017 |
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19 June 2017 |
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Applicant’s claim for stolen ATM funds dismissed; applicant’s disclosure of PIN and failure to block card constituted contributory negligence.
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Banking law — ATM fraud — duty of care to prevent unauthorized withdrawals; contributory negligence for disclosure of PIN; obligation to request card blocking; reasonableness of bank’s investigation (CCTV evidence).
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19 June 2017 |
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Ex parte injunction vacated for nondisclosure and lack of triable issue; dispute better determined by main action; costs to defendant.
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Injunctions — vacation of ex parte injunction — Order 29 RSC — non-disclosure/material facts — absence of triable issue — alternative remedy by writ of summons — plaintiffs' non-appearance — costs to defendant.
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19 June 2017 |
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Plaintiff failed to prove driver negligence; deceased's sleeping in the carriageway and evidentiary gaps led to dismissal.
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Road traffic negligence; duty of care of drivers and pedestrians; contributory negligence where pedestrian sleeps on carriageway; police/medical reports admissible to show existence only; res ipsa loquitur inapplicable.
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19 June 2017 |
| May 2017 |
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Plaintiff’s interim licence failed to establish user rights; injunction vacated and respondent awarded possession, damages and costs.
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Customary land — user and occupation rights — validity of ex parte interlocutory injunction — licence versus proprietary title — effect of magistrate court default judgment — locus standi of a licensee to sue third parties — remedies: possession, mandatory injunction, damages, costs.
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22 May 2017 |
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Plaintiff failed to prove ownership; title remained in the deceased, defendants lawfully administered estate and were registered proprietors.
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Property law — ownership and title deeds — burden of proof on balance of probabilities — letters of administration and registration by transmission — ex parte injunction vacated for suppression of material facts — entitlement to quiet possession and payment of rent.
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9 May 2017 |
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Wrongful electricity billing and disconnection led to loss‑of‑business awards, refund with interest, and nominal slander damages.
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Electricity supply — wrongful billing and disconnection — assessment of damages for loss of business and profits — refund of wrongfully paid sums with interest — nominal damages for slander — costs and enforcement.
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8 May 2017 |
| April 2017 |
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Appellant deprived of right to be heard where magistrate entered judgment on a qualified admission without a substantive hearing.
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Civil procedure — natural justice — right to be heard (audi alteram partem) — qualified admissions — requirement for substantive hearing before entering judgment — setting aside judgment and ordering rehearing.
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24 April 2017 |
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Repossession held justified; no trespass or detinue; distress claim failed; defendant must return the cooker.
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Repossession and secured transactions; trespass to chattels; detinue; scope of collateral under loan agreement; damages for distress.
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10 April 2017 |
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Stay of execution application struck off for being filed in the wrong court; applicant must apply in trial court.
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Civil procedure — stay of execution — procedural requirement to apply in the trial court — improper listing of application — matter struck off the roll.
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9 April 2017 |
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Court ordered dismissal for want of prosecution unless claimants show intention to proceed within 18 days.
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Civil procedure — dismissal for want of prosecution; court case‑management; adjournment for non‑attendance; requirement to show intention to proceed within prescribed time.
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9 April 2017 |
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Appointment as GVH void ab initio for failure to follow customary procedure; removal lawful and DC only facilitated, injunction vacated.
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Chieftaincy law — customary appointment of Group Village Headmen — validity and void ab initio; Chiefs Act (sections 4, 9, 11, 7) — powers to appoint and remove; Administrative law — procedural fairness in dispute resolution; Role of District Commissioner — facilitator not removing authority; Interim injunction — vacated for suppression of facts.
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6 April 2017 |
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Court found the driver negligent and insurer directly liable under s65A, awarding damages and costs to the plaintiff.
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Road traffic accident — Negligence (duty, breach, causation) — Police report as evidence — Insurer liability under s65A Road Traffic Act — Damages for loss of use, inconvenience and repairs — Costs.
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5 April 2017 |
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Interlocutory injunction refused where applicant failed to show clear title, evidence of eviction, and balance of convenience.
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Interlocutory injunction — Order 29 RSC — requirement to show triable issue/clear right and balance of convenience — insufficiency of title evidence (undated, unsigned, unwitnessed lease) — absence of proof of eviction — dismissal as frivolous and vexatious.
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4 April 2017 |
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A village headman cannot validly sell customary land; allocations contrary to customary tenure are void and subject to eviction.
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Customary land — Communal tenure — Chiefs’ power to allocate use and occupation — Sale of customary land void — Lease founded on unlawful allocation void ab initio — Remedies: eviction, injunction, restitution, costs.
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4 April 2017 |
| February 2017 |
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Publication of parliamentary material in a newspaper was not absolutely privileged but was protected by qualified privilege; defamation claim dismissed.
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Defamation — libel — reproduction of parliamentary proceedings — absolute privilege limited to official parliamentary publications — qualified privilege for fair, accurate, public‑interest reporting — malice and Reynolds factors.
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13 February 2017 |
| January 2017 |
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Trial court erred in granting ex parte discharge and releasing seized goods without affording the State an opportunity to be heard.
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Criminal procedure — Discharge of accused under s247 CP and EC — Ex parte applications — Requirement of reasonable notice and opportunity to be heard — Effect of discharge under s247(2) — Prosecutorial delay and risk of unfair trial — Change of venue and defective record — Review and setting aside of subordinate court orders.
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24 January 2017 |
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Plaintiff's failure to block his ATM card and disclosure of PIN constituted negligence; bank not liable for ensuing fraud.
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Banking law — ATM fraud — negligence — duty to block card — contributory negligence for disclosure of PIN — burden of proof (balance of probabilities) — adequacy of bank investigation (CCTV).
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19 January 2017 |
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13 January 2017 |
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5 January 2017 |
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4 January 2017 |
| April 2008 |
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State lawfully required refugees to return to designated camps; identity cards did not confer urban residence permits.
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Refugee law — designation of place of residence; Identity cards v. residence permits; Natural justice — right to fair administrative action; Constitution — non‑discrimination; Ultra vires delegation — subcommittee lacked express statutory authority; Immigration Act — exclusive permit powers.
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17 April 2008 |