Results.
18 judgments found.
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| November 2022 |
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The court refused the applicant's interlocutory injunction, preserving the respondent's possession pending final determination.
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Interlocutory injunctions — land disputes — adequacy of damages — status quo — balance of convenience — delay and long-standing possession.
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24 November 2022 |
| October 2022 |
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A properly executed release discharges further claims and estops the releasor unless set aside for fraud or misrepresentation.
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Civil procedure — Release and Discharge Agreement — Binding effect of a properly executed release — Estoppel by release — Relief to set aside a release requires strong evidence of fraud, misrepresentation or mutual mistake; illiteracy or private negotiations without counsel insufficient without clear proof.
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25 October 2022 |
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The claimant failed to prove a grant from the prior owner; claim for possession dismissed for insufficient evidence.
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Property — proof of grant — documentary and oral contradictions; evidentiary weight of survey plans; burden and standard of proof in civil land disputes; failure to produce original documents and corroborating witnesses; claim for summary possession dismissed.
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3 October 2022 |
| August 2022 |
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Renewal of restriction notice upheld: "show cause" requires cogent reasons, not prima facie proof.
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Corrupt Practices Act s.23(3) — renewal of restriction notice — meaning of "show cause" — standard: cogent reasons/sufficient information to justify reasonable belief rather than prima facie proof — mootness of appeals — allegations of judicial bias require concrete evidence.
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16 August 2022 |
| July 2022 |
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Leave denied: claimant’s judicial review was premature for failing to exhaust licence arbitration and internal remedies.
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Administrative law — Judicial review — Leave required; alternative remedies/arbitration under licence; Communications Act s74 (tariff regulation) and clause 11.2 (prior approval) — Preliminary findings and procedural fairness — Ultra vires challenge to regulatory inquiry.
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25 July 2022 |
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Assessment of personal injury damages reduced for evidentiary discrepancies and subject to agreed contributory negligence.
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Assessment of damages — personal injury — pain and suffering, loss of amenities, disfigurement — reliance on comparable local awards — effect of contributory negligence and inconsistencies in pleadings/evidence on quantum.
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7 July 2022 |
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Unchallenged invoices proved special damages; court awarded hiring and repair costs after default judgment.
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Assessment of damages — special damages — strict proof required — unchallenged invoices and quotations sufficient to establish quantum — award for hiring and repair costs following default judgment.
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7 July 2022 |
| June 2022 |
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Taxation on the standard basis; instruction fee partly allowed, brief fees disallowed, total taxed costs MK30,421,125.
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Costs taxation — standard basis assessment — counsel hourly rate — instruction fee allowed; brief fees disallowed — reduction of excessive hours and disbursements — care and conduct uplift.
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29 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 |
| 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 |
| 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 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 |
| 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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8 February 2022 |
| 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 |