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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 |
| 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 |