Skip to document content Skip to main menu Skip to search

All courts - 2014 August

3 judgments
Advanced search
Skip past years
Skip past months
Filters
Skip to results
3 judgments
August 2014
Chalera and 2 Others v R (Civil Appeal 5 of 2012) [2014] MWSC 3 (28 August 2014)
Missing judge’s summing-up in a jury trial rendered convictions unsafe; convictions set aside and surviving appellants released.
  • Criminal procedure — jury trials — importance of judge’s summing-up and directions; Incomplete trial record — missing summing-up may render convictions unsafe; Reconstruction of missing record — impracticable after long delay; Remedy — setting aside conviction and considerations for retrial; Delay in custody — may preclude ordering retrial.
28 August 2014
MC Company v Director of Anti Corruption Bureau (Civil Cause 214 of 2014) [2014] MWHC 515 (12 August 2014)
Summary judgment under Order 14 inappropriate where contractual terms and disputed facts require full trial; application dismissed with costs.
  • Civil procedure — Summary judgment (Order 14) — Debt claim for unpaid bills — Requirement that defendant have no defence — Disputed contractual terms and need for taxation/ full trial.
12 August 2014
Kamwanje & Banda (Representing 118 others) v Paladin (Africa) Limited (IRC MATTER 35 of 2014) [2014] MWIRC 1 (7 August 2014)
Class/representative suits require High Court leave; IRC Form 1 must sufficiently particularise retrenchment claims.
  • Industrial Relations Court — limited inherent jurisdiction; Representative/class actions — equitable origin, not maintainable in IRC without High Court leave; Pleadings — IRC Form 1 must particularise claims and list applicants; Distinction between retrenchment and redundancy material.
7 August 2014