Results.
6 judgments found.
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| 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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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 |
| 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 |
| March 2021 |
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Failure of the police to investigate and prosecute sexual violence by officers violated rights to dignity, equality and freedom from torture; compensation awarded.
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Constitutional law — State liability for human-rights violations — Police failure to investigate sexual violence — Breaches of dignity, equality and freedom from torture — Compensation under section 46(4).
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9 March 2021 |