Results.
72 judgments found.
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| April 2026 |
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Statutory forum under the Waterworks Act requires transfer; injunctive relief does not confer High Court jurisdiction.
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Civil procedure
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Jurisdiction — Transfer to Resident Magistrate’s Court under Section 13 Waterworks Act
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Interim relief — Injunctions do not confer High Court jurisdiction — Courts Act s39(2)(b)
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Subordinate courts — Interlocutory powers — Order 12 Rule 7 consistent with s39 and not an injunction
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13 April 2026 |
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Section 19 immunity under the Environmental Management Act 2017 extends to duly authorised private licence-holders; claimants must prove bad faith.
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Environmental law — Statutory immunity — Whether s.19 of the Environmental Management Act 2017 extends to private licence-holders
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Statutory interpretation — Ejusdem generis and marginal notes — Whether ejusdem generis restricts the scope of s.19 of the Act
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9 April 2026 |
| January 2026 |
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8 January 2026 |
| October 2025 |
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A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
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Gender Equality Act — right to sexual and reproductive health; Penal Code s243 — preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
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28 October 2025 |
| June 2025 |
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Court declared multiple constitutional breaches in a detained child’s treatment and ordered declarations, mandamus, compensation and costs.
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Constitutional and child-protection law — detention of children — torture and cruel, inhuman or degrading treatment — right to be informed of rights on arrest — prompt notification of parent/guardian — separation from adult offenders — right to nutrition — entitlement to compensation and mandamus relief.
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19 June 2025 |
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An unwarned shot by a police officer killed an innocent bystander; the police service held vicariously liable, revenue authority not liable.
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Police law — use of firearms — duty to give warning, proportionality, and duty to render medical assistance; vicarious liability of police service; revenue authority not vicariously liable; admissibility and limited weight of hearsay in postmortem remarks.
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19 June 2025 |
| May 2025 |
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Court exercised inherent jurisdiction to release a deteriorating vehicle from custody, imposing conditions to protect the applicant's claim.
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Civil procedure — Inherent jurisdiction — Release of property in Court custody to prevent deterioration — Interim protective conditions to safeguard parties' substantive rights.
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28 May 2025 |
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The respondent's application for leave to appeal was denied because the High Court's review judgment remained inchoate pending assessment of terminal dues.
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Administrative law — Appeals — Leave required for appeals from High Court judgments given on review under s123(2) of the Constitution and s21 of the Supreme Court of Appeal Act; inchoate judgments pending Registrar’s assessment; Ombudsman jurisdiction — anonymous complaints and locus standi; interpretation of constitutional provisions and binding precedent.
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22 May 2025 |
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An expired, unrenewed summons served outside the three‑month period is ineffectual and justified striking out the claim.
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Civil procedure — validity and service of summons — Order 7 rule 25 (3‑month rule) — Irregularity and cure — Order 2 rules — renewal of summons — strike out — notice of change of legal practitioners not served — interlocutory application falls away.
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9 May 2025 |
| April 2025 |
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The High Court has no jurisdiction to enlarge the statutory 30‑day appeal period from the Industrial Relations Court.
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Labour law — Appeals from Industrial Relations Court — Section 65(2) Labour Relations Act — thirty-day statutory appeal period — High Court lacks power to enlarge time — IRC (Procedure) Rules inapplicable in High Court.
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1 April 2025 |
| March 2025 |
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Oral preliminary objections are procedurally improper; such issues must be raised by formal application supported by affidavit.
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Civil procedure — preliminary issues — must be raised by formal application supported by affidavit and skeleton arguments — oral preliminary objections improper — viva voce evidence from counsel inappropriate — improperly raised issue struck out with liberty to refile.
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25 March 2025 |
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Registrar’s total non-response to information requests on political party funding was unlawful and required written explanation; fee non-payment alone did not justify silence.
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Access to information — political party funding — duty of Registrar to respond — constitutional right of access (s.37) — Political Parties Act s.36 — subsidiary fees and competence of requests — absence of regulations — judicial review of administrative non-response.
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12 March 2025 |
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High Court affirms unfair dismissal but reduces an IRC award, restricting boosting and interest in labour compensation.
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Employment law — conversion of fixed-term to indefinite contract — unfair dismissal under sections 28 and 57 of the Employment Act; Labour compensation — judicial discretion under section 63(4) — limits on boosting, inflation adjustments and interest in labour awards; Civil procedure — compliance with pleadings and effect of failure to amend.
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12 March 2025 |
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Leave for judicial review of a Law Society disciplinary process was discharged as premature; disciplinary self-regulation aligns with procedural-fairness rights.
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Administrative law — judicial review — permission to commence — prematurity of review before disciplinary hearing; Legal profession — self-regulation and disciplinary jurisdiction; Constitutional law — section 43 right to procedurally fair administrative action; Professional ethics — personal conduct on social media as conduct bringing profession into discredit.
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11 March 2025 |
| January 2025 |
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The Ombudsman lacked jurisdiction to investigate an anonymous complaint; resulting employment nullifications were set aside and benefits ordered.
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Ombudsman jurisdiction — section 123(1) Constitution — anonymous complaints — requirement that a person who has suffered injustice lay complaint; judicial review of Ombudsman determinations; nullity of unlawful directives; compliance by public authority; reinstatement and terminal benefits; costs each party.
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31 January 2025 |
| December 2024 |
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Whether recognising foreign law degrees with lower entry standards violates constitutional equality and education standards; referral to the Chief Justice.
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Constitutional law — education standards — recognition of foreign qualifications — discrimination and equality (Sections 25, 13, 20) — NCHE and CLE powers — constitutional interpretation by registrars — Section 9(2) Courts Act referral to a panel of judges.
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6 December 2024 |
| November 2024 |
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Appeal dismissed for inordinate delay and failure to prosecute; missing-file excuse was unsubstantiated hearsay.
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Civil procedure — dismissal for want of prosecution — Order III r.9 (record of appeal) — Practice Direction No 1 of 2010 (skeleton arguments) — missing court file allegation — hearsay — failure to prosecute — costs.
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29 November 2024 |
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Assistant Registrar recused from processing an admission petition after finding the petitioner’s grades may not meet constitutional and regulatory minimum education standards.
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Legal education — admission to practice — assessment and recognition of foreign law degrees — requirement that private and foreign qualifications meet standards not inferior to public universities — constitutional s.25(3)(b) and regulatory minimum standards — recusal where court officer forms prejudicial views.
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26 November 2024 |
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Court escalated the 1981 compensation for the applicant's compulsorily acquired land to MK20,000,000 and denied aggravated damages.
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Land Acquisition Act (as in force at acquisition) — assessment of fair compensation — section 10 factors (consideration paid, improvements, appreciation) — valuation methodology and escalation of historic award — post-acquisition change of land use not to be used to increase historic compensation — aggravated/exemplary damages against State — requirements; loss-of-opportunity claim not entertained if unpleaded.
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5 November 2024 |
| October 2024 |
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Court continued stay of execution pending appeal, dismissed disclosure application as otiose, and ordered parties to agree arrangements within 28 days.
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Civil procedure — stay of execution pending appeal — discretion guided by interests of justice; disclosure/production of financial documents — otiose and irrelevant where stay already granted; interlocutory directions to agree arrangements.
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30 October 2024 |
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Registrar rejected duplicate originating proceedings as an abuse of process and improper filing at the wrong registry.
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Registrar's power to reject documents — abuse of court process by duplicative filings (summons and judicial review) — improper forum/registry — Order 5 rules 10–13; Order 6 r9; Courts Act s3 and s6A(2).
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27 October 2024 |
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Whether requiring NRB-issued registration as proof for voter registration unlawfully restricts the applicant's right to vote.
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Electoral law — Voter registration — Proof of eligibility — Section 12 Elections Act requiring NRB registration as proof — Franchise under section 77 Constitution — Interlocutory injunction — Separation of powers.
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25 October 2024 |
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An appeal can be struck out for inordinate delay where the appellant fails to ensure timely preparation of the record of appeal.
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Civil procedure — Appeal — Want of prosecution — Delay in preparation of record of appeal — Duties of appellant and court under procedural rules — Inherent jurisdiction to strike out appeal — Suspension of enforcement vacated — Costs under s72 Labour Relations Act
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11 October 2024 |
| September 2024 |
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Application for permission to judicially review a disciplinary recommendation was dismissed as statute-barred under the Act.
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Judicial review — statutory limitation under section 96(3) LELPA — 30-day period mandatory and not extendable — permission refused as statute-barred; interim stay/injunction not granted as application dismissed.
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30 September 2024 |
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An assessment of damages is part of the High Court's judgment and cannot be reheard by the same court; appeal and stay are the proper remedies.
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Civil procedure — assessment of damages — assessment by Registrar forms part of judgment — assessment cannot be reheard by same High Court — remedy is appeal (stay pending appeal), not rehearing; Order 2 r 3(f), Order 10 r 1; Order 31 r 17 limited to costs review; Third Party Debt proceedings.
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19 September 2024 |
| July 2024 |
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Limitation Act does not apply to customary land without proving local customary law; succession governed by Deceased Estates Act.
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Customary land — Limitation Act inapplicable without proof of local customary rules; succession to customary land governed by Deceased Estates (Wills, Inheritance and Protection) Act; allocation and long possession as evidence of customary ownership.
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15 July 2024 |
| June 2024 |
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The claimant, a public‑servant officer, successfully challenged as unlawful the President’s appointment of an outsider above retirement age to head Immigration.
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Administrative law — Judicial review — Locus standi — Appointment law — Immigration Act (s.3) v Public Service Act — Appointment must be from public service — Mandatory retirement (Public Service Act s.29) — Re‑engagement circular insufficient — Justiciability of statutory appointments.
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6 June 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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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 |
| 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 |
| 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 |
| 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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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 |
| 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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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 |
| December 2022 |
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Court refused summary declarations to restrict lawyers' association rights, referring constitutional questions to a multi-judge panel.
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Constitutional law — freedom of association of lawyers — limits by regulatory law society; declaratory relief — justiciability; summary disposal — real prospect of defence required; in-house lawyers and restricted legal work; competition concerns in specialist legal associations.
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8 December 2022 |
| November 2022 |
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Application to vary preservation order for living and legal expenses dismissed for failure to prove need and inadequate disclosure.
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Financial Crimes Act — preservation orders — variation for reasonable living and legal expenses — statutory criteria under ss.70–71 — disclosure on oath — admissibility and weight of FIA financial analysis and bank statements — balancing preservation against hardship.
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3 November 2022 |
| October 2022 |
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Judicial review permission denied where statutory appeal to the Police Service Commission remained unexhausted; demotions upheld for now.
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Administrative law — judicial review — permission stage — requirement to exhaust statutory alternative remedies (appeal to Police Service Commission) — timeliness within three months — proper naming of statutory disciplinary bodies — demotion as review decision by National Police Disciplinary Committee.
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28 October 2022 |
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Applicant's revision for failure to admit a written contract dismissed; remedy available by appeal; record remitted.
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Civil procedure — Supervisory and revisionary jurisdiction (s26 Courts Act) — Duty of trial courts to guide unrepresented parties on adducing documentary evidence — Review barred where appeal lies and was not pursued (s27 Courts Act) — High Court's power on appeal to call additional evidence (s22(d)).
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4 October 2022 |
| September 2022 |
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Workplace fall caused by claimant’s failure to take reasonable care; employer not liable under statutory or common‑law duties.
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Occupational Safety, Health and Welfare Act s.13 employer duty; s.18(a) employee duty to take reasonable care; negligence — employer v employee liability; res ipsa loquitur inapplicable where cause known; amendment of pleadings post‑closure permissible if no uncompensable prejudice.
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16 September 2022 |
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Contested disputes over entitlement to deceased estate assets require a full trial, not determination on affidavits.
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Probate — Distribution of deceased estate — Contentious factual disputes — Affidavits insufficient — Referral to trial — Exemption from mediation — Alleged matrimonial property, land and maize mill disputes.
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13 September 2022 |
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Whether a certificate of non‑compliance obtained without proper procedural application should be set aside and injunction reviewed.
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Civil procedure — interim injunction — requirement to file notice to continue — certificate of non-compliance — procedural prerequisites for obtaining certificate — setting aside certificate — further hearing to determine continuation or discharge of injunction.
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4 September 2022 |
| June 2022 |
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24 June 2022 |