Results.
261 judgments found.
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| December 2020 |
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Interlocutory injunction dismissed due to material non-disclosure and misrepresentation by the claimant.
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Civil procedure — interlocutory injunction — Order 10 r.27 CPR — three-part test (serious question to be tried; inadequacy of damages; where justice lies) — duty of full and frank disclosure — material non-disclosure fatal to injunction — adverse possession and public land.
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23 December 2020 |
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Interlocutory injunction refused where competing title claims and factual disputes made interlocutory relief inappropriate.
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Interlocutory injunctions — Order 10 r.27 CPR — serious question to be tried — adequacy of damages in land disputes — balance of convenience — competing title deeds — cautions against deciding factual title conflicts on affidavit.
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22 December 2020 |
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Interlocutory injunction refused where disputed ownership and longstanding cultivation justified maintaining the status quo.
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Civil procedure — Interlocutory injunctions — Requirements: serious question to be tried; damages inadequate for land; balance of convenience/status quo — Effect of longstanding occupation and cultivation.
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22 December 2020 |
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22 December 2020 |
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Interlocutory injunction maintained to preserve status quo over disputed land pending trial due to serious issue and inadequate damages.
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Interlocutory injunction — serious question to be tried — adequacy of damages for real property — balance of convenience — sale procured by duress/fraud — nemo dat quod non habet (cannot sell what one does not own) — maintenance of status quo; restraint on encroachment, sale and disposal of disputed land.
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21 December 2020 |
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18 December 2020 |
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18 December 2020 |
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17 December 2020 |
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12 December 2020 |
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8 December 2020 |
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8 December 2020 |
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7 December 2020 |
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Applicant established a prima facie defamation claim warranting an interlocutory injunction and removal of defamatory social-media posts.
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Civil procedure — interlocutory injunction — American Cyanamid test — defamation via social media — freedom of expression versus protection of reputation — order to remove online posts and commence action within fixed period.
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5 December 2020 |
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4 December 2020 |
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4 December 2020 |
| November 2020 |
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A defendant seeking a stay must show real risk of serious prejudice; mere concurrent criminal proceedings do not justify a stay.
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Civil procedure — stay of civil proceedings pending related criminal trial — applicant must show real risk of serious prejudice causing injustice; mere factual overlap insufficient; defendant not party to criminal proceedings cannot claim such prejudice; differing standards of proof between criminal and civil proceedings relevant.
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30 November 2020 |
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The accused were convicted of obtaining money by false pretences, misuse of public office, forgery and uttering false documents.
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Criminal law — Obtaining by false pretences; Corrupt Practices Act — misuse of public office; Forgery and uttering false documents; Evidentiary reliance on forensic handwriting analysis and circumstantial/common-intention proof; Burden of proof — beyond reasonable doubt.
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29 November 2020 |
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Minor electrocuted by defendant's live wire awarded MK23,000,000 for pain, loss of amenities and disfigurement.
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Personal injury — Electric burns to minor — Assessment of general damages for pain and suffering, loss of amenities and disfigurement — Weight of medical reports, photographs and court observation — Quantum of award and consideration of comparative authorities.
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27 November 2020 |
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Registrar taxed applicants’ bill at MWK73,599,329.30, disallowing party costs for in‑house counsel and permitting two counsel to be indemnified.
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Costs assessment — Registrar’s discretion on number of counsel; in‑house counsel and indemnity for party‑and‑party costs; inclusion of Judicial Review work in taxed bill following certification as constitutional matter; taxation of bill to MWK73,599,329.30.
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26 November 2020 |
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Accused acquitted due to involuntary confession, insufficient evidence, and unresolved jurisdictional doubts.
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Criminal law — admissibility of cautions — involuntary confession obtained under alleged beating and illiteracy; Territorial jurisdiction — section 5 Penal Code — offences partly committed abroad; Proof beyond reasonable doubt — insufficient eyewitness identification and missing State witnesses; Common intention (section 22) — murder not a probable consequence of drug-dealing enterprise; Police investigative deficiencies and unlawful coercion.
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24 November 2020 |
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20 November 2020 |
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18 November 2020 |
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17 November 2020 |
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16 November 2020 |
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16 November 2020 |
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Dismissal unfair: employer failed to prove misconduct and denied the employee a meaningful opportunity to call witnesses; compensation ordered.
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Employment law — unfair dismissal — burden of proof on employer — right to a meaningful hearing and to call witnesses — insufficient evidence linking employee to alleged theft — compensation assessment by Registrar.
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16 November 2020 |
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11 November 2020 |
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11 November 2020 |
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11 November 2020 |
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11 November 2020 |
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Unlawful governmental seizure prevents acquisition of title by adverse possession; limitation tolled until plaintiff discovered title.
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Limitation Act s6 & s21 — disability and extension of limitation period; Registered Land Act s134(1) — adverse possession requirements (peaceable, open, uninterrupted); unlawful governmental seizure taints successors and precludes acquisition by prescription.
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11 November 2020 |
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11 November 2020 |
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10 November 2020 |
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9 November 2020 |
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9 November 2020 |
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7 November 2020 |
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6 November 2020 |
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5 November 2020 |
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3 November 2020 |
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2 November 2020 |
| October 2020 |
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30 October 2020 |
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27 October 2020 |
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An offender’s youth and individual circumstances can justify reducing a defilement sentence despite the offence’s seriousness.
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Criminal law — Defilement — Seriousness and sentencing trend — Starting points and precedent for rape/defilement — Role of offender’s age, maturity and mitigation in sentencing — Prevalence as aggravating factor — Reduction of sentence to time served.
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27 October 2020 |
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27 October 2020 |
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27 October 2020 |
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26 October 2020 |
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Dismissal for alleged loss of equipment was unfair because employer failed to consider mitigating factors; compensation ordered to be assessed.
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Employment law — unfair dismissal — employer’s burden to prove substantive and procedural fairness — consideration of mitigating factors (length of service, past record, recovery of property) — compensation under s.63 Employment Act.
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23 October 2020 |
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23 October 2020 |
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23 October 2020 |
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21 October 2020 |