Results.
29 judgments found.
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| January 2021 |
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Court held the purported will invalid and, recognizing remarriage by repute, applied intestacy rules to distribute the estate.
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Probate — Validity of wills — Formal witnessing requirements (DEWIPA s6); Revocation by divorce and remarriage (DEWIPA s10); Recognition of marriage by repute/permanent cohabitation (Constitution s22(5); MDFRA s13); Intestacy and distribution to immediate family (DEWIPA s17); Criminal prohibition on unlawful dealing with estate (DEWIPA s84).
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29 January 2021 |
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26 January 2021 |
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25 January 2021 |
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Assessment of personal injury damages: K1.5M pain and suffering, K500k loss of amenities; special damages not proved.
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Road traffic personal injury — assessment of general damages — pain and suffering and loss of amenities — use of comparative awards and adjustment for currency value — disfigurement not awarded — special damages require proof of actual expenditure.
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22 January 2021 |
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Assessment of damages for a minor’s fractured tibia and fibula: K4,000,000 awarded; special damages not proved.
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Personal injury — road traffic accident — fractured tibia and fibula — assessment of non-pecuniary damages (pain and suffering, loss of amenities, disfigurement) — use of comparable awards and adjustment for currency devaluation — special damages must be specifically pleaded and proved — leave to appeal granted.
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22 January 2021 |
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Court awarded K3,000,000 for minor’s tibia fracture injuries; denied special damages for lack of proof.
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Road traffic accident — assessment of damages — fractured tibia and multiple bruises — general damages (pain and suffering, loss of amenities, disfigurement) — reliance on comparable awards and adjustment for currency devaluation — special damages require strict proof — costs to be taxed — leave to appeal granted.
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22 January 2021 |
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Assessment of damages for a minor’s above‑elbow amputation: K10,000,000 awarded for non‑pecuniary loss and costs.
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Personal injury — Amputation above the elbow; Assessment of damages — Non-pecuniary damages: pain and suffering, loss of amenities of life, disfigurement; Use of comparable awards and adjustment for currency devaluation; Minor claimant; Costs; Leave to appeal granted.
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22 January 2021 |
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22 January 2021 |
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Application to discharge interlocutory injunction dismissed where defendant’s non-compliance, prior contempt, and pending lease did not justify lifting injunction.
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Injunctions — application to discharge interlocutory injunction — competing land claims — pending lease application insufficient to dissolve injunction — clean hands doctrine — contempt and non-compliance material to equitable relief.
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15 January 2021 |
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Court upheld convictions and sentences for child abduction and defilement, finding no reasonable belief the victim was over sixteen.
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Criminal law — defilement (s.138 Penal Code) — statutory proviso requiring reasonable belief that complainant was 16 or above — burden on accused to satisfy court; voir dire and admission of unsworn evidence for a child witness; child abduction; sentence review — appellate restraint.
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14 January 2021 |
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12 January 2021 |
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The appellant’s 14‑year sentence for defilement was increased to 40 years; court ordered child‑welfare follow‑up and report.
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Criminal law — Defilement (s138(1) Penal Code) — Sentencing guidelines — "Worst instances" of offence — Starting point for defilement — mitigation: guilty plea and first offender — rejection of age/life‑expectancy as substantial mitigation — ordering child welfare services and reporting.
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8 January 2021 |
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Conviction for repeated defilement of a ten-year-old confirmed; sentence increased to 40 years, emphasising worst-instance sentencing.
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Criminal law — Defilement of a child — Sentence — Worst instances of offence — Maximum (life) reserved for most grievous cases — Aggravating factors: young victim, multiple occasions, position of trust — Mitigation: guilty plea and first offender status limited — State duty to ensure child welfare services.
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8 January 2021 |
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Defilement of a 10‑year‑old by a trusted adult is among the worst instances; 14 years increased to 40 years imprisonment.
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Criminal law — Defilement of a child — Sentencing: gravity of multiple offences against a ten‑year‑old and breach of trust — starting point and worst instances — weight of guilty plea and first‑offender status — substitution of sentence to forty years imprisonment with hard labour — referral to child welfare for counselling/report.
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8 January 2021 |
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8 January 2021 |
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Court affirmed aider/abettor liability as principal for defilement and increased sentence for aggravated abduction and repeated defilement of a 13‑year‑old.
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Criminal law — Defilement (statutory) — Liability of aider/abettor under s21(1)(b),(c) — Whether separate statutory aiding offence required for sexual offences — Sentencing on review: aggravating factors (abduction, victim age, pregnancy, coercion).
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8 January 2021 |
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Court convicted two accused for murder based on corroborated admissions; two others acquitted; inquest into custodial death required.
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Criminal law — Murder of a person with albinism — Participation and counselling under section 21 — Malice aforethought (section 212) — Burden and standard of proof — Trial court discretion under section 201(1) vis-à-vis prosecutorial strategy — Mandatory coroner’s inquest into custodial death (Inquests Act).
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8 January 2021 |
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7 January 2021 |
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The claimant’s freezing directive extended for further investigation; defendant’s request to withdraw living expenses from frozen accounts refused.
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Financial Crimes Act — section 23 freezing directives — extension of freezing order — scope of powers; Preservation orders — sections 107 and 108 — conditions for preservation; Living expenses — section 70 — requirement of sworn disclosure and applicability only under preservation orders.
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6 January 2021 |
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6 January 2021 |
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6 January 2021 |
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Interlocutory injunction refused where granting it would effectively grant the claimant full substantive relief in a land encroachment dispute.
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Civil procedure — Interlocutory injunction — Order 10 r.27 test (serious question to be tried; adequacy of damages; justice of granting injunction) — Equitable discretion to refuse interim relief where injunction would grant claimant full substantive relief — Land dispute, alleged trespass and encroachment.
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4 January 2021 |
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4 January 2021 |
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Interlocutory injunction granted to preserve status quo in a disputed land ownership dispute where damages are inadequate.
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4 January 2021 |
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4 January 2021 |
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Assessment of damages for soft-tissue road injuries: MK1,600,000 awarded for general damages; special damages not strictly proved.
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Damages assessment — personal injury from road accident — general damages for pain, suffering and loss of amenities — permanent incapacity (15%) — strict proof required for special damages — reliance on comparable awards and currency devaluation.
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4 January 2021 |
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4 January 2021 |
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4 January 2021 |
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Application to set aside default judgment dismissed for inordinate delay and failure to show a good reason for non‑attendance.
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Civil procedure — Setting aside judgment entered for non‑attendance — Order 16 r.7(2)-(5) CPR — requirements of promptness, good reason and reasonable prospect of success — counsel illness and procurement delays held insufficient to justify relief.
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4 January 2021 |