All courts - 1997 February

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2 judgments

Citation	Judgment date
February 1997
Naison & Anor. v R (Criminal Appeal 42 of 1996) [1997] MWHC 2 (27 February 1997) Absence of knowledge and nonparticipation preclude aiding-and-abetting conviction; guilty plea and cooperation merit sentence reduction. Criminal law – Robbery – Aiding and abetting – Knowledge of essential facts required – Presence not determinative – Guilty plea and cooperation as mitigating factors in sentencing.	27 February 1997
Msiska t/a Yamikirani Bus Service v Mangula Transport Services & Another (Civil Cause 253 of 1993) [1997] MWHCCiv 3 (6 February 1997) Failure to comply with prescribed originating-summons forms and acknowledgement requirements bars restoration; application dismissed with costs. Civil procedure – Originating summons – Failure to comply with Orders 7 and 28 of the Rules of the Supreme Court – Prescribed forms (Form No. 8, 10, 11) and acknowledgement of service required – Court will not restore defective pleadings – Application dismissed with costs.	6 February 1997