Skip to document content Skip to main menu Skip to search

All courts - 2013 August

3 judgments
Advanced search
Skip past years
Skip past months
Filters
Skip to results
3 judgments
August 2013
Palapate v Prime Insurance Co. Ltd. (Miscellaneous Civil Cause 81 of 2012) [2013] MWHC 502 (15 August 2013)
A bare assertion that damages may exceed subordinate court limits does not justify transfer to the High Court.
  • Civil Procedure — Transfer of Proceedings — Whether transfer to High Court under s 11(a)(vii) should be ordered where plaintiff alleges damages will exceed subordinate court jurisdiction — Applicant must demonstrate likely quantum by reference to facts or precedents — Courts Act s 11(a)(vii)
15 August 2013
Mpotandevu v R (Criminal Appeal 185 of 2012) [2013] MWHC 491 (8 August 2013)
Court quashed robbery and unlawful wounding convictions where evidence was insufficient and a plea of guilty was improperly accepted.
  • Criminal law — sufficiency of evidence for robbery conviction — duplication of convictions; Criminal procedure — plea of guilty — admissibility and weight of caution/denial statements (Rep v Chikakuda) — requirement to treat qualified admissions as not guilty pleas.
8 August 2013
Dziopani v Auhad Steel Manufacturing Company Limited (Personal Injury Cause 494 of 2012) [2013] MWHC 490 (3 August 2013)
The applicant may have a default judgment set aside if their affidavit discloses an arguable defence on the merits.
  • Default judgment — setting aside under Order 13 r.9/Order 19 r.9; discretionary power; requirement to disclose an arguable defence on the merits; delay and prejudice; implied stay of proceedings following stay of execution; restoration of summons.
3 August 2013