Results.
378 judgments found.
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| February 2023 |
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Whether eyewitness evidence proved appellants’ malice aforethought in fatal mob assault; appeal dismissed.
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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Application for judicial review withdrawn as underlying interdict became moot; no order as to costs.
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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Application for judicial review and injunction withdrawn as underlying charges were dropped; no order as to costs.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |
| December 2022 |
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Appeal dismissed for non‑compliant, vague grounds of appeal; procedural rules breach precluded hearing merits.
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Civil procedure — Appellate practice — Order III, rule 2 — Grounds of appeal must be concise, precise and indicate whether based on law or fact — Vague or argumentative grounds may be struck out
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Procedure — Non‑compliance with appeal rules constitutes want of due prosecution and may result in dismissal
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Discretion — Court may waive non‑compliance only in exceptional circumstances and in interests of justice
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20 December 2022 |
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Whether shareholders’ resolutions cured JVA breaches and minority shareholders’ rights (including dividend distribution) must be protected.
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Company law — Joint Venture Agreement — equity contributions and subscription mechanics — shareholder/board resolution effect; Corporate governance — protection of minority shareholders; Civil procedure — amendment of pleadings after close of case; Evidence/admissibility — role of independent equity verification reports (PWC) and limits on re‑opening judgments; Companies Act — orders affecting share register and dividends; Remedies — accounting, restitution and restoration of shareholding ratios.
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14 December 2022 |
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Proceedings stayed because amici curiae were admitted without mandatory service and hearing of the Attorney General.
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Constitutional procedure — admission of amici curiae — mandatory service on Attorney General (Order 19 r8) — procedural irregularity; Supreme Court single‑judge jurisdiction (s.7 SCA Act; Order 1 r18); inherent jurisdiction to stay to prevent appeal becoming nugatory.
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2 December 2022 |
| November 2022 |
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Court refused to re-enter an appeal dismissed for non-attendance, finding no jurisdiction or sufficient cause.
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Civil procedure — non-appearance — Order III rule 21(2) (re-entry applies to struck out appeals only) — insufficient cause for non-attendance — inherent jurisdiction — functus officio — delay and prejudice.
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10 November 2022 |
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Application to re-enter an appeal dismissed for non-attendance refused: court lacked jurisdiction, dismissal rendered it functus officio, and appellant showed undue delay.
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Civil procedure — Appeal dismissed for non-appearance — Order III r.21(2) permits re-entry for struck-out appeals but not dismissed appeals; inherent jurisdiction limited; dismissal renders court functus officio; insufficient cause where counsel’s explanation is inconsistent; prior delay and lack of diligence relevant to discretion.
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10 November 2022 |
| October 2022 |
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Applicant failed to show exceptional circumstances for bail pending appeal based on alleged conflicting authorities on licence burden.
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Bail pending appeal — exceptional circumstances required — applicant must show likelihood of success on appeal.
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26 October 2022 |
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Court refused stay pending appeal, holding the appeal interlocutory and case-management matters belong to the trial court.
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Civil procedure — Stay pending appeal — Interlocutory (inchoate) appeals — Case management and discretionary powers of trial court — Amendments after trial — Reluctance of appellate court to interfere.
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26 October 2022 |
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Whether dismissal for alleged intoxication at work was substantively and procedurally fair under section 57 of the Employment Act.
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Employment law — unfair dismissal — section 57 (valid reason and substantive fairness) — disciplinary procedure — disciplinary hearings not courts — availability of accusers for cross‑examination only on request — employer’s duty to give reasons arises during disciplinary proceedings — trial may proceed in absence of a party — forum jurisdiction and costs.
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13 October 2022 |
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Dismissal for alleged drunkenness upheld; disciplinary process found substantively and procedurally fair; appeal dismissed, costs awarded.
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Employment law — unfair dismissal — disciplinary hearing — consuming alcohol on duty — substantive and procedural fairness — section 57 and section 62 Employment Act — right to cross-examine accusers — court proceeding in absentia.
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13 October 2022 |
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Failure to attend court-ordered mediation justified dismissal; appellate interference requires proof of abuse of discretion.
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Civil procedure — Mediation — Order 13 r.6 of the Courts (High Court) (Civil Procedure) Rules 2017 — Dismissal for failure to attend mediation — Judicial discretion in case management — Appellate interference only for abuse of discretion; appellate grounds must comply with Order 111 r.2.
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6 October 2022 |
| September 2022 |
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Court allowed amendment of grounds and limited fresh documentary evidence alleging perceived judicial bias, distinguishing bias from misconduct.
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Civil procedure — Leave to amend Notice and Grounds of Appeal — Court’s discretion to allow amendments at any stage — Fresh evidence on appeal — admissibility test (reasonable diligence and materiality) — Single-member jurisdiction to hear procedural leave applications — Allegations of perceived bias distinct from judicial misconduct — Judicial Service Commission not sole forum for appellate consideration of bias-related grounds.
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26 September 2022 |
| August 2022 |
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Time to appeal runs from receipt of judgment copies; appeal not out of time and must proceed to full bench.
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Appeal procedure — computation of time to appeal: time runs from receipt of judgment copy by parties; leave to appeal required for chamber judgments — leave obtained from High Court following prior direction; single member lacks jurisdiction to dismiss substantive appeals; application to strike out for being out of time dismissed.
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17 August 2022 |
| July 2022 |
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Application to reopen SCA judgment dismissed for procedural non-compliance and absence of exceptional grounds.
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Civil procedure — enforcement of practice directions — late filing of skeleton arguments, failure to lodge authorities and chronology — application dismissed; Supreme Court of Appeal — limited power to review its own final judgments (clerical error or exceptional circumstances such as bias, fraud, jurisdictional defect); finality in litigation.
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28 July 2022 |
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11 July 2022 |
| June 2022 |
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The applicant’s claim failed: racist insults about driving were offensive but not legally defamatory; appeal dismissed.
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Defamation — ordinary and ordinary‑meaning test; whether insulting/racial remarks constitute defamatory imputation of character or mere abuse; requirement of proof of reputational harm; vicarious liability — scope of employment not determined where no defamation established.
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30 June 2022 |
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Bureaucracy or absent counsel do not justify extending time to appeal; applicant must show substantial reasons and prima facie meritorious grounds.
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Civil procedure — Extension of time to appeal — applicant must show good and substantial reasons for delay and prima facie meritorious grounds; internal bureaucracy or absent counsel insufficient; compliance with Order III rules on Notice and grounds of appeal; summary judgment challenges.
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14 June 2022 |
| May 2022 |
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Whether corruption reverse‑onus provisions unlawfully shift legal burden and infringe the applicant's presumption of innocence.
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Constitutional law — Corrupt Practices Act s.32(2)(b),(c) — reverse onus — distinction between legal (persuasive) and evidential burdens — presumption of innocence and right to silence (s.42(2)(f)(iii)) — limitation and proportionality under s.44 — statutory interpretation in context of anti‑corruption objectives.
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17 May 2022 |
| April 2022 |
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Refusal to adjourn and entering judgment without a merits hearing risked denial of a fair trial; judgment set aside and matter remitted.
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'Adjournment' — judicial discretion — overriding objective of Civil Procedure Rules — refusal of adjournment — denial of fair trial; 'Default judgment' — entering judgment without hearing merits; appellate review of discretionary orders.
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26 April 2022 |
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Court upheld trial judge’s discretion in refusing stay of criminal proceedings pending judicial review.
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Judicial review — stay of criminal proceedings — injunction discretionary — adequacy of damages as remedy — standard of appellate review of discretionary decisions — balance of convenience and public interest — double jeopardy allegation.
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19 April 2022 |
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19 April 2022 |
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Court outlines required papers and formalities for grants of administration and allows special-purpose grants for pending litigation.
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Probate procedure — Applications for letters of administration — Required papers: Oath for Administrator, administration bond, proof of death, certified estate duty affidavit and certificate, draft grant, copy of applicant ID — Forms must be followed; special-purpose grants for pending litigation permissible under s50(1).
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15 April 2022 |
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Where a service contract is terminable on three months' notice, contractual damages are ordinarily limited to that three‑month period.
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Contract — termination by notice — damages limited to notice period; Damages — general v special — pleading and proof of loss of profits; Defamation actionable per se — general damages for reputation and loss of patronage; Interest — court may award compound interest at common law; Payment into court — non‑disclosure rule and procedural irregularity.
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6 April 2022 |
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An appeal against an order made in chambers was incompetent: leave was required and the notice of appeal was filed out of time.
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Civil procedure — Appeal competence — Leave required for orders made in chambers (s.21 SCAA Act) — Notice of appeal filed out of time — Lower court lacked jurisdiction to extend time to appeal (s.23(2)) — Caution on ex-parte applications after long delay.
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5 April 2022 |
| March 2022 |
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The applicant's claim against the respondent bank failed because the applicant's conduct facilitated the cheque forgeries.
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31 March 2022 |
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Appellant entitled to remedy for non-delivery: contract enforceable despite unresolved duty-free status; refund with interest and MK10,000,000 damages ordered.
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Sale of Goods Act — contract of sale versus agreement to sell — specific goods in deliverable state — specific performance as equitable remedy — separation of purchase price and customs duty — damages for non-delivery.
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30 March 2022 |
| February 2022 |
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Convicted appellant granted bail pending appeal due to prima facie prospects of success, likely delay, trial‑fairness concerns and health issues.
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Criminal law — Bail pending appeal — Section 24 Supreme Court of Appeal Act — Exceptional/unusual circumstances — Prospects of success on appeal — Admissibility and provenance of audio recordings — Circumstantial evidence — Virtual hearings and public trial — Quorum and Practice Direction — Health as factor.
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4 February 2022 |
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Bail pending appeal may be granted where prima facie prospects of success and health or delay constitute exceptional circumstances.
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Bail pending appeal — section 24 SCA Act — discretion exercised in interests of justice — exceptional/unusual circumstances — prospects of success; admissibility and provenance of audio recordings; circumstantial evidence; virtual hearings and public trial; delay/quorum; ill health as special circumstance.
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4 February 2022 |
| January 2022 |
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Whether judicial review is the proper route to challenge an IRC judicial order and whether an appellate court may restore interim relief.
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Judicial review v. judicial decisions; subordinate courts — appeals, review and supervision; s61 Courts Act — judicial immunity absent bad faith; interim relief — balance of convenience and security; appellate jurisdiction to entertain fresh applications.
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31 January 2022 |
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Court reinstated IRC interim stay of dismissal, holding judicial review inappropriate for judicial decisions and ordering security.
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Judicial review v appeals — appropriateness of reviewing judicial decisions; Courts Act s.61 — judicial immunity absent bad faith; interim reliefs and discretionary review; balance of convenience and security for interim relief; case management and duplication of proceedings.
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31 January 2022 |
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Appellate court reinstated IRC interim stay, finding High Court misapplied discretion and limiting judicial review of judicial decisions.
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Civil procedure
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Judicial review — Review of judicial decisions of subordinate courts and effect of Courts Act s 61 immunity
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Interim relief — Discretion, balance of convenience and when a stay should be granted or vacated
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Jurisdiction — Appellate court entertaining fresh applications to challenge interim relief where High Court has granted or refused leave
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31 January 2022 |
| December 2021 |
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Whether the applicant may appeal High Court reviews under ss25–26 and whether failure to record fresh pleas is curable.
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Criminal Procedure
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Review Jurisdiction — Appealability of High Court reviews under Courts Act ss25–26 — Relationship with Part XIII CP&EC and SCA Act s11(2)
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Amendment of Charge and Pleas — Failure to record fresh pleas after amendment — Whether omission curable under s3 CP&EC
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17 December 2021 |
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Application for stay pending appeal refused; applicant failed to prove that refusal would cause injustice; fine’s size alone insufficient.
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Civil procedure — stay of execution pending appeal — discretionary remedy — burden on applicant to show on balance of probabilities that refusal causes injustice; size of fine alone insufficient; courts will not grant stay to obtain gratuitous procedural guidance.
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10 December 2021 |
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A Registrar must refer contentious, appeal‑likely applications to the assigned judge; an Assistant Registrar’s decision made without referral was void and appeal was incompetent.
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Civil procedure — competency of appeal — appeals under section 21 of Supreme Court of Appeal Act lie from High Court or judge, not Registrar — Order 25 CPR: Registrar’s powers subject to judge’s direction and referral — Registrar must refer contentious or appeal‑likely matters to assigned judge — determination by Registrar without referral may be without jurisdiction.
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2 December 2021 |
| November 2021 |
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Summary judgment was improperly granted where injunction defence, third‑party proceedings, and an unliquidated loss‑of‑profits claim required a trial.
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Civil procedure — Summary judgment and judgment on admission — Defendant’s affidavit and defence raising triable issues — Third‑party proceedings not an admission of liability — Unliquidated loss of profits requiring assessment — Requirement for reasons in judgment.
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30 November 2021 |
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30 November 2021 |
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The claimant’s constitutional challenge to electoral appointments was struck out as res judicata, an appeal in disguise, and an abuse of process.
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Constitutional law — electoral commission composition — res judicata — appeal in disguise — jurisdiction of constitutional panel — section 42 General Interpretation Act — section 75 Constitution — locus standi — Civil Procedure (Suits by/against Government) Act s4 notice — ex turpi causa — abuse of process.
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26 November 2021 |
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The applicant cannot claim posthumous pain and suffering; respondent liable for loss of dependency and expectation of life damages.
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Road-traffic negligence — assessment of damages — loss of expectation of life — loss of dependency (multiplicand and multiplier) — proof of earnings and special damages — posthumous pain and suffering claim inadmissible.
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19 November 2021 |