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Citation
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Judgment date
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| December 2023 |
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SCA application dismissed for lack of jurisdiction and for failing to first pursue the required Court below proceedings.
Supreme Court of Appeal jurisdiction – Section 7 SCA Act – Order 1 Rule 18 SCA Rules – requirement to apply first to Court below – disguised appeal – inherent jurisdiction not a substitute for procedural compliance.
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22 December 2023 |
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Single-member court refused an ex parte stay where the lower court had not refused and the affidavit lacked disclosure.
Civil procedure — Order 1 r18 — application must first be made to court below; adjournment ≠ refusal; ex parte applications — duty of full disclosure; inadmissible hearsay; powers of single member under section 7 of the Supreme Court of Appeal Act.
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13 December 2023 |
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Refusal of leave for judicial review is not appealable; a stay pending appeal requires the correct enabling provisions and procedure.
Civil procedure – Stay pending appeal – Enabling provisions – Section 7 Supreme Court of Appeal Act – Order I r18 SCA Rules – Part 52.16 CPR – Refusal of leave for judicial review not appealable; remedy is to reapply to a single member – Stay against enforcement requires Part 54.12/Order 19 r20.
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12 December 2023 |
| November 2023 |
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Application dismissed for failing Order I, rule 18 and for inordinate delay; costs awarded against the applicants.
Procedure — Order I, rule 18 SCA Rules — concurrent jurisdiction — same application must be first made to court below; delay and introduction of post‑order facts bar relief. Civil procedure — stay of execution/payment into court — discretionary, requires good grounds (risk of dissipation, non‑recovery). Labour law — section 72 LRA limits IRC’s power to award costs but does not preclude High Court/SCA awarding costs on appeals
Costs — appellate courts have discretion to award costs in labour appeals
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10 November 2023 |
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Delay and applicants’ failure to mitigate justified refusal of extension, dismissal of judicial review permission, and refusal of stay.
Judicial review – permission to apply – extension of time – unjustified 16‑month delay and failure to mitigate – forum misstated; matters better determined at trial – refusal of interlocutory stay of criminal proceedings.
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10 November 2023 |
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Applicants’ 16‑month delay and failure to mitigate precluded extension; issues suited to trial court, so judicial review application dismissed.
Judicial review — permission to apply; extension of time — 3‑month rule; interlocutory stay of criminal proceedings; delay attributable to applicant/counsel; appropriateness of judicial review versus trial court remedy.
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10 November 2023 |
| October 2023 |
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Application for leave to seek judicial review dismissed for inordinate delay and lack of arguable legal interest.
Judicial review – leave to apply – extension of time – inordinate delay – locus standi/legal interest – alternative remedies under Financial Services Act – procedural fairness and merits of administrative decision.
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23 October 2023 |
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Security-for-costs order in a labour appeal set aside because section 72 bars costs and such security would be futile.
Labour law – costs – section 72 Labour Relations Act proscribing costs in Industrial Relations Court and on appeal – security for costs – Supreme Court discretion under section 22 of the Supreme Court of Appeal Act and Rules – ex parte security-for-costs order set aside as futile.
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23 October 2023 |
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Bail pending appeal denied—no exceptional circumstances and court declined to resolve appeal merits at bail stage.
Criminal law – Bail pending appeal – s24(1) Supreme Court of Appeal Act – discretionary power; exceptional circumstances required – appellate court should not decide merits at bail stage – defilement conviction; sufficiency and consistency of trial evidence.
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19 October 2023 |
| August 2023 |
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Interlocutory vacatur of injunction is inchoate and not appealable; stay pending appeal refused where debtor owes secured debt.
Civil procedure – Stay of execution pending appeal – Interlocutory orders and inchoate decisions – Appealability – Proper procedure (Order 1 R.18 and Order 2 R.1 Supreme Court Rules) – Balance of convenience and risk of injustice – Security for debt and repossession of pledged vehicles – Nugatory appeal doctrine.
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7 August 2023 |
| July 2023 |
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An applicant's request to release tax‑seized stock pending litigation was dismissed for procedural defects and unstated legal basis.
Tax law — seizure of goods — interim injunction to release impounded stock pending litigation; Civil procedure — competency of proceedings in appellate courts — requirement to state legal basis for relief; Procedural irregularity — standalone application in appellate court.
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26 July 2023 |
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Whether an interim injunction should release impounded stock pending tax proceedings to prevent irreparable business harm.
Interim relief – Injunction pending tax proceedings – Release of goods impounded by revenue authority – Irreparable harm and adequacy of damages – Balance of convenience and public interest.
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26 July 2023 |
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Appeal dismissed: 20 April 2016 letter was a binding contract, debt discharged by MK16,304,708.82, respondent entitled to interest.
Contract — variation of existing loan agreement by letter — formation, offer, acceptance and consideration — discharge of debt by payment of shortfall; Civil procedure — compliance with Order III grounds of appeal; Interest on judgment — pleadings, statutory rate and assessment by Registrar.
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18 July 2023 |
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Stay of execution refused where applicants failed to show respondent’s inability to repay or irreparable harm.
Stay of execution pending appeal — tests: serious issue to be tried, irreparable harm, balance of convenience/justice — impecuniosity evidence required — criminal prosecution allegations speculative and irrelevant to civil stay.
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18 July 2023 |
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Court continued ex parte stay pending appeal, granted leave to appeal, and ordered procedural steps and exclusion of later punitive orders.
Civil procedure – stay of execution pending appeal – jurisdiction under Order 1 Rule 18 – inherent jurisdiction – test for stay: justice, expediency, risk of appeal being rendered nugatory, balance of convenience – leave to appeal granted – exclusion of later punitive orders from record of appeal.
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14 July 2023 |
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Court sustained stay pending appeal, granted leave to appeal, and ordered timelines while excluding un-heard punitive orders from the record.
Civil procedure — Stay of execution pending appeal — Discretionary equitable remedy — Tests: serious issue, irreparable harm, balance of convenience/justice — Jurisdiction under Order 1 Rule 18 and inherent jurisdiction — Leave to appeal and exclusion of unhearing punitive orders from record.
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14 July 2023 |
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Court continued stay pending appeal, granted leave to appeal, and excluded un-heard post-judgment punitive orders from the record.
Civil procedure — Stay of execution pending appeal — Jurisdiction of appellate single judge to entertain stay before lower court final determination — Test for stay: serious issue, irreparable harm, balance of convenience/justice — Leave to appeal — Exclusion of post-judgment punitive orders from record where parties were not heard.
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14 July 2023 |
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Supreme Court dismissed stay, leave to appeal and extension applications for procedural non-compliance and premature filing.
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10 July 2023 |
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Supreme Court dismissed stay and out‑of‑time leave applications for failure to comply with High Court‑first procedural requirements.
Civil procedure – interlocutory orders – stay of execution pending appeal – requirement to first seek relief in High Court (Order I r.18) – incompetence of affidavit evidence – leave to appeal out of time and extension of notice period – procedural non‑compliance fatal.
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10 July 2023 |
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The SCA refused ex parte relief, holding the High Court's order for an inter partes hearing was proper case management.
Immigration — Deportation v valid residence permit; Judicial review — leave to move and interim injunctions; Civil procedure — ex parte v inter partes hearings; Case management — wide discretion under CPR; Appellate review — interference only if legal error or clearly wrong.
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4 July 2023 |
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Applicant must first have High Court determine judicial review and injunction; appellate interference with case-management orders is unwarranted.
Immigration and deportation — Judicial review — Leave to apply and interim injunctions — Ex parte relief exceptional — Case-management discretion under CPR — Appellate restraint on interfering with lower court's exercise of discretion.
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4 July 2023 |
| June 2023 |
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9 June 2023 |
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A stay pending appeal was refused because applicants delayed prosecution despite raising serious appellate issues.
Criminal procedure — Stay of proceedings pending appeal — Discretion to grant stay — Delay in prosecuting appeal — Judge's refusal to hear matter de novo after transfer — Jurisdictional challenge.
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9 June 2023 |
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The SCA lacks jurisdiction to hear a direct appeal from an Assistant Registrar’s interlocutory order; such appeals lie first to a High Court Judge.
Civil Procedure – Jurisdiction of the Supreme Court of Appeal – Appeals from Registrar/Assistant Registrar decisions – Interlocutory orders – Order 25 CPR – Section 21 Supreme Court of Appeal Act – Appeal to Judge in chambers before SCA – Assessment of costs/insurance policy limits (merits not decided).
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8 June 2023 |
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Permission for judicial review of arrest/prosecution granted; interim suspension denied; confiscated passport ordered returned.
Judicial review – reviewability of decisions to arrest and prosecute – permission to apply for review; interim relief; abuse of prosecutorial discretion; procedural error in lower court.
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8 June 2023 |
| May 2023 |
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Appeal dismissed for failure to comply with Order III rules and for filing judicial review two years after the prescribed period without extension.
Civil procedure — Appeal grounds must comply with Order III rules 2–4 (state law or fact and particulars); Judicial review applications must be brought promptly and within three months under Order 53(4)(1) unless time is validly extended; Non-compliance and lack of extension renders review/application time-barred and appeal liable to dismissal.
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4 May 2023 |
| March 2023 |
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Court vacated stay pending appeal, finding appellant failed to show appeal would be rendered nugatory and balance of justice favoured respondents.
Civil procedure – stay pending appeal – discretionary power of appellate court – tests: serious issue, irreparable harm, balance of convenience; jurisdiction of High Court vs. statutory tribunal; alleged illegality, irregularity and excess of jurisdiction; costs.
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28 March 2023 |
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Applicants granted seven‑day enlargement to appeal after registry failures and missing leave order justified extension.
Civil procedure — Extension of time to appeal — Order III r 4 Supreme Court of Appeal Rules — Good and substantial reasons — Registry negligence and missing filed documents — Competency vs. final dismissal (functus officio) — Use of eCMS as evidence of mismanagement.
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8 March 2023 |
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Registry failings causing lost filings can justify an enlargement of time to appeal where no final adjudication on the merits occurred.
Civil procedure – enlargement of time to appeal – section 23(2) Supreme Court of Appeal Act and Order III r 4 – good and substantial reasons – registry negligence and lost filings – functus officio and abuse of process distinguished – reliance on eCMS records.
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8 March 2023 |
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Court granted seven‑day extension and leave to appeal after accepting registry negligence and prima facie arguable grounds.
Civil procedure – enlargement of time to appeal – Order III r 4 and s.23(2) Supreme Court of Appeal Act – good and substantial reasons – registry negligence and lost filings – eCMS evidence – functus officio and abuse of process – distinction between dismissal for want of competence and final decision.
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8 March 2023 |
| February 2023 |
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Table 6 collection charges are solicitor–client charges payable by the client, not recoverable from the debtor once proceedings commence.
Legal practitioners' fees — Table 6 collection charges — solicitor-and-own-client charges on receipt of monies; not recoverable from judgment debtor after commencement of proceedings; pleading of costs; effect of Government Notices and Law Revision Orders.
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14 February 2023 |
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A settlement agreement constituting a final order bars interlocutory appeals; amendment motion was incompetent and appeal dismissed.
Commercial procedure – settlement agreement – final order – interlocutory application – O.18 High Court (Commercial Division) Rules – s.21 Supreme Court of Appeal Act – res judicata – leave to amend pleadings – leave to appeal.
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14 February 2023 |
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Eyewitness and medical evidence established malice aforethought; convictions and 15‑year sentences were upheld.
Criminal law – Murder – Malice aforethought (s.212 Penal Code) – Eyewitness reliability – Direct evidence – Post‑mortem medical evidence – Mob assault – Sentence review – Manifest excessiveness.
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14 February 2023 |
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Eyewitness and medical evidence proved murder with malice aforethought; convictions and 15-year sentences affirmed.
Criminal law – Murder – Eyewitness credibility – Corroborating post-mortem evidence – Malice aforethought under Section 212 (knowledge or intention/probable consequence) – Joint participation in a prolonged assault – Sentence affirmed.
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14 February 2023 |
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Whether eyewitness evidence proved appellants’ malice aforethought in fatal mob assault; appeal dismissed.
Criminal law – Murder – Malice aforethought under s.212 (knowledge of probable death/grievous harm or intention to commit felony) – Eyewitness credibility despite limited inconsistencies – Causation established by post-mortem – Sentence proportionality.
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14 February 2023 |
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Application for judicial review withdrawn as underlying interdict became moot; no order as to costs.
Judicial review – withdrawal of application – mootness following dismissal of underlying criminal charges – injunction/interdict rendered nugatory – noting withdrawal – no order as to costs where counsel acted pro bono.
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13 February 2023 |
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Application for judicial review and injunction withdrawn as underlying charges were dropped; no order as to costs.
Judicial review – leave and interlocutory injunction rendered moot by dismissal of underlying criminal charges – withdrawal of application – costs where parties act pro bono.
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13 February 2023 |
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Court compelled issuance and settlement of appeal record, set strict timelines, lifted stay, and penalized appellants' inactivity.
Civil procedure — dismissal for want of prosecution; duty to settle the record and file skeleton arguments (Practice Direction No.1/2010); stays of execution do not excuse prosecution delays; court may compel Registrar to issue documents and set timelines; costs awarded for non-compliance.
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8 February 2023 |
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A single-judge court will not vary a preservation order where the same issue is the subject of a pending appeal; follow Order 1 Rule 18.
Financial Crimes Act — preservation orders — variation of preservation orders; Appellate procedure — Order 1 Rule 18 — concurrent jurisdiction; Single-judge powers — stay and variation pending appeal; Procedural impropriety — circumventing appeal process.
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8 February 2023 |
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Supreme Court lacks jurisdiction to vary Financial Crimes Act Preservation Orders; application dismissed with costs.
Financial Crimes Act – Preservation Orders – Section 71 – Variation/rescission powers vested in the court that made the order (High Court) – No concurrent jurisdiction in Supreme Court of Appeal – Order 1 Rule 18 inapplicable – Single-judge intervention inappropriate where appeal pending.
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8 February 2023 |
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Applicant prematurely sought leave to appeal to the Supreme Court without first applying to the High Court; application dismissed.
Civil procedure — Leave to appeal — Order 1 Rule 18 SCA Rules — Application must first be made to court below — Premature application while assessment ruling pending — Default judgment proceedings.
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8 February 2023 |
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8 February 2023 |
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Failure to timely file required skeletal arguments justified vacatur of a stay of execution pending appeal; SCA had jurisdiction under Order III r.19.
Appeal procedure; Order III r.19 — jurisdiction of SCA after an appeal is entered; Practice Direction No.1 of 2010 — filing skeletal arguments; failure to prosecute appeal; vacatur of stay of execution; costs awarded to respondent.
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7 February 2023 |
| January 2023 |
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Ex parte stay refused where urgency related to counsel’s personal interests and counsel was not a party to the appealed proceedings.
Civil procedure — Stay pending appeal — Discretionary relief requiring special circumstances; ex parte applications; standing — non-party legal practitioner cannot seek stay to protect personal interests; criminal review proceedings.
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12 January 2023 |
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Court refused ex parte stay pending appeal where claimed prejudice affected counsel, not the applicant, and no special circumstances shown.
Criminal procedure — Stay pending appeal — Ex parte applications — Applicant must show special circumstances — Non-party (legal practitioner) cannot seek stay to protect own interests — Stay should not revive subordinate court proceedings unjustly.
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12 January 2023 |
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Court dismissed ex parte stay as alleged urgency concerned the applicant’s counsel, a non‑party, not the parties to the appeal.
Criminal procedure — Stay of execution pending appeal — discretionary remedy — special circumstances required — ex parte application — non‑party’s interest — counsel cannot seek relief in applicant’s name.
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12 January 2023 |
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A stay pending appeal was refused where urgency related to the applicant’s non-party lawyer, not the applicant, and no special injustice was shown.
Criminal procedure — stay pending appeal — ex parte application — discretionary stay — non-party legal practitioner lacks standing to seek relief in applicant's name — protection of successful litigant's fruits of judgment.
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12 January 2023 |