Results.
17 judgments found.
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| December 1998 |
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Three-year sentence for theft of K27,000 deemed manifestly excessive; one year deemed appropriate, but no order made due to delay.
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Criminal law — Theft — Sentencing — Breach of trust not applicable to simple theft by driver — Manifestly excessive sentence reduced in principle — Delay in confirmation review affecting relief
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31 December 1998 |
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Recent possession does not automatically establish burglary; courts must consider defendant's explanation; conviction substituted for handling.
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Criminal law — Burglary and theft — recent possession — inference of guilt — handling/receiving stolen goods — weight of contemporaneous explanation and police statement
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12 December 1998 |
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7 December 1998 |
| November 1998 |
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Pensionable status does not, without clear wording or pleading, preclude termination on contractual notice; appeal allowed and pension benefits awarded with interest.
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Employment law — implication of terms — pensionable or "permanent" employment does not, without clear language, prevent termination by notice; pleadings required for implied terms — tort claims not to supplant contractual claims
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10 November 1998 |
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Court dismissed objections, holding a three-judge bench sufficed and the Attorney General could continue under O.III r.13; summary dismissal permissible for abusive applications.
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Civil procedure — Appeal procedure — O.III r.13 — Attorney General's right to pursue alternative grounds after appellant's withdrawal; abuse of court process — summary dismissal of repetitive/frivolous applications; court composition — empanelling of three, five or seven Justices is an internal administrative matter; right to be heard — no breach where issues were already argued before a single Judge
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8 November 1998 |
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Dispute whether departure was retirement or resignation and entitlement to severance calculated under Ministry of Labour formula.
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Employment law — termination by retirement v resignation — terminal benefits and severance pay — absence of written conditions of service — application of Ministry of Labour severance formula — year-end bonus not part of terminal benefits.
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6 November 1998 |
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Whether a retiring employee is entitled to severance computed per Labour Office formula, distinct from an end-of-year bonus.
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Employment law — retirement v. resignation; terminal/severance pay in absence of written service conditions; Ministry of Labour formulae as guidance for severance calculation; distinction between year-end bonus and terminal benefits; entitlement and costs.
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6 November 1998 |
| August 1998 |
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Court ordered return of employer-supplied materials, holding contractor’s lien invalid absent architect’s interim certificate.
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Interlocutory mandatory injunctions — balance of convenience and conduct of parties; building contract lien — dependence on architect’s interim certificate (Clause 31); quantity surveyor valuations not substitute for architect’s certificate
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10 August 1998 |
| July 1998 |
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Second appellant’s conviction quashed for inadmissible hearsay and reasonable doubt; first appellant’s conviction and sentence upheld.
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Criminal law — possession of dangerous drugs — admissibility of co-accused statement made in absence — accomplice warning and corroboration — sufficiency of circumstantial evidence — sentencing guidelines for drug quantities
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19 July 1998 |
| June 1998 |
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Interlocutory release refused: claim time-barred and vehicle not released absent proof/payment of customs duty.
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Customs & Excise Act — seizure of goods; interlocutory mandatory injunction; limitation under s.147(4); fraud/extension s.155(1); burden of proof re payment of duty s.156; release subject to payment s.160(b); exemption from forfeiture s.161(2); registration entries not proof of customs clearance
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7 June 1998 |
| May 1998 |
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A foreign arbitration award may be registered in Malawi without prior UK court judgment, but execution can be stayed pending enforcement proceedings.
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Arbitration — Registration and enforcement of foreign awards — British and Colonial Judgments Ordinance 1922 and Arbitration Act — Arbitrators’ consideration of jurisdiction not binding — No requirement for prior UK court judgment before registration — Stay of execution pending enforcement action
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6 May 1998 |
| April 1998 |
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The High Court has no jurisdiction to hear appeals against interlocutory 'case to answer' rulings; only final orders are appealable.
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Criminal procedure — interlocutory orders — appealability — whether finding 'there is a case to answer' is appealable — only 'no case to answer' is final and appealable — remedy on appeal after conviction — stay of execution/bail under s.355
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10 April 1998 |
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Alleged partnership failed; truck treated as estate property and divided fairly between dependant and excluded child.
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Wills and Inheritance Act ss.16(2)(b) and 17 — intestate succession — dependants' protection and fair distribution — alleged partnership not substantiated — estate property versus partnership property — remedy by transfer with compensation or sale and equal division.
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9 April 1998 |
| March 1998 |
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Bail pending appeal requires exceptional circumstances; s.283’s reverse onus raises constitutional doubt, but bail was refused.
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Bail pending appeal — exceptional circumstances/likelihood of success; Penal Code s.283 — reverse onus against public servants; constitutional presumption of innocence (s.42(2)(f)(iii)); limitation analysis — Oakes/proportionality; State must lead evidence to justify reverse onus
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30 March 1998 |
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Court confirmed a two-year sentence for arson of a dwelling occupied by the complainant despite limited evidence of property value.
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Criminal law — Arson — Setting a dwelling house on fire — Seriousness of offence — Sentence — Plea of guilty as mitigation (reduction up to one-third) — Confirmation of magistrate's sentence — Lack of evidence of property value not dispositive
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26 March 1998 |
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Defendant's application to set aside judgment granted; no undue delay and parties to bear their own costs.
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Civil procedure — setting aside judgment — default judgment review — undue delay and prejudice — merits to prevail over procedural technicalities — costs each party to bear.
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18 March 1998 |
| January 1998 |
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A company cannot enforce a pre‑incorporation sale agreement not adopted and lacking consideration; claim for specific performance dismissed.
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Specific performance; pre-incorporation contract; adoption/ratification by company; Companies Act s20; lack of consideration; contract unenforceable.
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27 January 1998 |