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Citation
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Judgment date
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| May 2025 |
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Whether long-serving casual workers were employees and whether they proved discrimination and entitlement to enhanced benefits.
Labour law — employee v independent contractor — totality of relationship test (control, integration, economic dependence, length of service, employer's treatment) — procedural compliance with Practice Direction No.1 of 2010 — discrimination claims require proof of prohibited ground under Constitution s.20 — costs in appellate labour matters discretionary.
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3 May 2025 |
| June 2024 |
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Application for permission to apply for judicial review dismissed for failing to follow the correct procedural provisions.
Civil procedure — Judicial review — Procedure for seeking permission after High Court refusal — Supreme Court of Appeal Act s.8 and CPR 1998 Part 52.15 govern practice — Incorrect reliance on SCA s.7, Order II, or High Court Order 19 rules — Procedural incompetence warrants dismissal; interlocutory relief falls away.
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14 June 2024 |
| February 2024 |
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Application to vacate stay dismissed for lack of SCA jurisdiction due to absence of a pending or contemplated appeal.
Appellate jurisdiction — Order I Rule 18 SCA Rules — stay of execution — requirement of a pending or contemplated appeal — inchoate appeal — judicial review precedents not a jurisdictional cure.
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29 February 2024 |
| January 2024 |
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This Court lacked jurisdiction under Order I r18 to grant a stay of an IRC award governed by section 65(3) of the Labour Relations Act.
Labour Relations Act s65(3) – stay of execution – concurrent jurisdiction of IRC and High Court – Order I r18 SCA Rules – limits of Supreme Court of Appeal jurisdiction – requirement of statutory conferment of jurisdiction.
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10 January 2024 |
| 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 |
| 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 |
| 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 |
| 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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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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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 |
| June 2023 |
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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 |
| 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 |
| 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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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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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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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 |
| December 2022 |
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Appeal dismissed for non‑compliant, vague grounds of appeal; procedural rules breach precluded hearing merits.
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
Procedure – Non‑compliance with appeal rules constitutes want of due prosecution and may result in dismissal
Discretion – Court may waive non‑compliance only in exceptional circumstances and in interests of justice
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20 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.
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.
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.
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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Dismissal for alleged drunkenness upheld; disciplinary process found substantively and procedurally fair; appeal dismissed, costs awarded.
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 |
| 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.
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 |
| May 2022 |
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Whether corruption reverse‑onus provisions unlawfully shift legal burden and infringe the applicant's presumption of innocence.
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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An appeal against an order made in chambers was incompetent: leave was required and the notice of appeal was filed out of time.
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 |
| 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.
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 |
| 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.
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 |
| November 2021 |
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30 November 2021 |
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Court granted a stay of execution pending appeal due to a strong jurisdictional challenge and high likelihood of success.
Stay of execution — discretionary relief — guided by balance of convenience, balance of justice and likelihood of success on appeal; jurisdictional challenge — strong prospect of success may justify stay; execution rendering appeal nugatory; costs to successful applicant.
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10 November 2021 |
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A party must first seek stay of execution from the lower court; SCA vacated an ex-parte stay for non-exhaustion of remedies.
Civil procedure – appeals – interim relief – stay of execution pending appeal – Order 1 Rule 18 requires applications first to be made to Court below – ex-parte stay vacated where lower court had fixed hearing date and remedies not exhausted – section 22(1)(d) SCA Act inapplicable for such intervention.
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10 November 2021 |
| July 2020 |
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A bona fide purchaser’s court‑sanctioned, registered property cannot be seized; seizure varied and rents restored to the appellant.
Corrupt Practices Act – seizure and freezing warrants; Registered Land Act s.25 – protection of proprietor and bona fide purchaser; ex parte applications and disclosure of material facts; ‘‘technical dissipation’’ unsupported; inordinate prosecutorial delay; variation of seizure and restoration of funds.
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1 July 2020 |
| August 2019 |
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Whether interlocutory and case-management decisions are appealable and should be interfered with; appeal dismissed with costs.
Appealability — Sections 21 and 23 Supreme Court of Appeal Act; procedural requirements — Notice of Appeal; interlocutory orders and case-management; appellate interference with exercise of judicial discretion; dismissal with costs.
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15 August 2019 |
| July 2019 |
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High Court may vary Supreme Court bail conditions for good cause, but Hajj travel denied due to flight risk.
Bail – Variation of conditions – High Court’s power to vary bail conditions granted by superior court – Flight risk – Travel for religious pilgrimage (Hajj) refused.
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10 July 2019 |
| November 2018 |
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Summary judgment improperly entered amid disputed negligence and valuation; appeal allowed and matter remitted to Commercial Division for full hearing.
Civil procedure – Summary judgment – Improper entry and confirmation where negligence and valuation were disputed; Commercial jurisdiction – matter remitted to High Court Commercial Division for full and expedited hearing.
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28 November 2018 |
| September 2018 |
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A single-member may grant an interlocutory stay pending appeal but cannot strike out a notice of appeal; stay granted to protect tracing of funds.
Civil procedure – interlocutory powers of a single member of Supreme Court – limits on use of inherent jurisdiction – power to stay execution pending appeal; locus standi in public interest litigation; freezing orders and risk of dissipation of assets.
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14 September 2018 |
| December 2017 |
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Application to stay assessment of damages pending appeal dismissed as premature and lacking evidence of irreparable prejudice.
Civil procedure – Stay of proceedings pending appeal – interlocutory judgment where damages to be assessed – discretion to grant stay guided by risk of injustice – applicant must show inability to recover payments or special circumstances – prematurity of application to stay assessment; appropriate remedy is stay of execution after assessment.
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20 December 2017 |
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Court dismissed interim injunction to restrain bank sale due to procedural defects and weak substantive grounds.
Civil procedure – Interim injunction pending appeal – Requirement to apply first in the court below (Order I r 18) – Leave to appeal required (proviso to s.21) – Consent order binding; variation requires fresh action – Mortgage law: reluctance to restrain power of sale where mortgagor defaults.
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20 December 2017 |
| September 2017 |
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Appeals from a registrar’s assessment of damages/interest lie to the Supreme Court of Appeal, not to a judge in chambers.
Courts Act s29 (repeal) — General Interpretation Act s13 (continuation of repealed law) — jurisdiction of Supreme Court of Appeal — Registrar’s assessment of damages/interest — Rule 3 High Court (Exercise of Jurisdiction of Registrar) Rules — Order 58(2)(b) Rules of Supreme Court — appeals lie to Supreme Court of Appeal, not judge in chambers.
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21 September 2017 |
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Appeal from a Senior Deputy Registrar in wrong forum, late filing and irregular affidavit; court awards costs to applicant/respondent.
Civil procedure — Appellate jurisdiction — Appeal from Senior Deputy Registrar must lie to Judge in Chambers — Wrong forum and late filing — Defective affidavit not to be regularised by appellate court — Costs for procedural applications.
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20 September 2017 |
| July 2017 |
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Leave to judicially review anti-corruption investigations denied; prosecutorial discretion and investigatory process upheld.
Administrative law – Judicial review – Leave to apply – Prosecutorial discretion and investigatory powers under the Corrupt Practices Act – Delay and timeliness (Order 53 r.4) – Reasonableness and bad faith – Premature challenge to prosecution decision.
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19 July 2017 |
| April 2017 |
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Supreme Court dismissed stay application as an abuse of process amid overlapping interlocutory proceedings and ordered each party to bear own costs.
Civil procedure – Stay of execution pending appeal – Abuse of court process where multiple overlapping interlocutory applications pursued – Applicants must elect appropriate procedural route – Costs: each party to bear own.
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24 April 2017 |
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Applicant must exhaust tax-law remedies; no stay granted where Commissioner General had already determined the appeal.
Tax procedure — stay of execution — whether stay appropriate where Commissioner General has determined appeal within statutory period; requirement to exhaust statutory tax remedies; Court’s inability to stay proceedings before Commissioner General; adjournment and substitution of counsel.
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24 April 2017 |
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A stay cannot be granted where there is no execution because the judgment has been paid into court pending appeal.
Civil procedure — Stay of execution — Where judgment ordered paid into court pending appeal there is no execution to stay; application for stay of 'phantom execution' is misconceived — Leave to appeal not required merely because judgment delivered in chambers.
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11 April 2017 |
| March 2017 |
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Interlocutory injunction refused where statutory employment dismissal raised private law issues and damages were adequate.
Interlocutory injunctions — American Cyanamid principles — employment versus judicial review (Order 53) — statutory postholder dismissal — doctrine of necessity on bias — adequacy of damages; Electoral Commission Act s.12.
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6 March 2017 |