Results.
21 judgments found.
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| March 2021 |
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30 March 2021 |
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High Court dismissed strike-out application as incompetent because it relied on Supreme Court of Appeal rules.
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Civil procedure — Order I r18 Supreme Court of Appeal Rules — concurrent jurisdiction; competence of applications; High Court Civil Procedure Rules; inherent jurisdiction to entertain preliminary objections; striking out notice of appeal.
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30 March 2021 |
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Lower court’s sale-and-share order set aside for failure to determine contributions, values and proportions; retrial ordered.
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Family law — Dissolution of customary marriage — Distribution of matrimonial property — Need for separate ancillary hearing to determine values, contributions and intentions before ordering sale and division — Appellate power to set aside and order retrial (Courts Act s.22).
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24 March 2021 |
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Applicant detained 14 years without trial; court ordered release but declined to award compensation, advising a civil suit.
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Constitutional Law — Arrest and Detention — Unlawful pre‑trial detention beyond statutory limits — Constitution s 42; Criminal Procedure & Evidence Code s161
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Criminal Procedure — Pre‑trial custody time limits — 90 days and court extensions — Criminal Procedure & Evidence Code s161C/G/H
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Civil Remedies — Compensation for unlawful detention — Remedy lies in civil courts; criminal courts generally decline to award compensatory damages
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22 March 2021 |
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Fourteen-year pre-trial detention breaches constitutional limits; court ordered release and held compensation is a civil claim.
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Constitutional and criminal procedure law — unlawful prolonged pre-trial detention — section 42 rights and section 161G/H custody time-limits — remedy of immediate release — compensation for unlawful detention is a civil remedy — prison service duty to detect undocumented custody.
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22 March 2021 |
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Claim dismissed as statute-barred; lack of letters of administration is not a disability extending the limitation period.
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Limitation of actions — negligence claims — three-year limitation under Limitation Act — disability exception does not include lack of letters of administration; Road Traffic Act s148 inapplicable where insurer sued jointly with insured; procedural rule citation imprecision not fatal if not misleading.
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19 March 2021 |
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Court found respondent negligent for speeding; police report insufficient to prove mechanical fault, damages to be assessed.
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Delict — Motor vehicle negligence — duty of care and reasonable driving standard; proof of mechanical defect — need for expert evidence; admissibility and weight of police report as hearsay.
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17 March 2021 |
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Application to stay execution denied; surviving spouse entitled to retain matrimonial home absent special circumstances.
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Civil procedure — Stay of execution pending appeal — Matrimonial property — Surviving spouse’s entitlement to matrimonial home — Requirement to show special circumstances and prospect of success on appeal — Mere suspicion of sale insufficient as evidence
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16 March 2021 |
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Consent order did not create a binding sale at MK800,000; respondent must re-offer, claimant to accept within 30 days.
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Property law — sale of government-owned house — whether internal valuations and correspondence create enforceable offer; consent order as 'no objection' rather than binding sale contract; re-offer and lapse of offer; rental arrears and equitable relief.
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15 March 2021 |
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12 March 2021 |
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The court found both dismissals unfair for lack of substantiated reasons and inadequate investigation, awarding compensation.
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Employment law — unfair dismissal — burden on employer under section 61(1) — substantive and procedural fairness — Burchell/Polkey investigative standards — summary dismissal and reasonable suspicion.
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10 March 2021 |
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Court awarded K3,000,000 for proven pain, disfigurement and loss of amenities; special damages not proved.
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Personal injury — assessment of general damages for pain and suffering, loss of amenities and disfigurement; proof required for special damages; use of precedents and currency devaluation in fixing quantum.
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9 March 2021 |
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Failure of the police to investigate and prosecute sexual violence by officers violated rights to dignity, equality and freedom from torture; compensation awarded.
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Constitutional law — State liability for human-rights violations — Police failure to investigate sexual violence — Breaches of dignity, equality and freedom from torture — Compensation under section 46(4).
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9 March 2021 |
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State liability for failure to investigate police-perpetrated sexual violence and assessment of compensation to the applicants.
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Constitutional and human-rights law — State duty to investigate sexual violence — Failure of police to investigate rape and sexual assault — Violations of right to dignity, equality and protection from torture — Assessment of constitutional damages under s.46(4) — Civil standard of proof — Aggravating factor where perpetrators are state agents — Special protection and enhanced awards for minors.
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9 March 2021 |
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Police failure to investigate mass sexual assaults violated applicants' dignity, equality and access to justice; compensation awarded.
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Police duty to investigate; sexual violence and rape by state agents; violation of dignity, equality and prohibition of torture; access to justice; restitution intergrum and compensation for human rights breaches; assessment of damages for minors and persons with disabilities; civil standard of proof.
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9 March 2021 |
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Applicants awarded compensation for police-perpetrated sexual violence and the Police Service's failure to investigate.
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Constitutional and police duty to investigate sexual violence; violations of dignity, equality and prohibition of torture; damages for human-rights breaches; restitution integrum; state due-diligence obligation.
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9 March 2021 |
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Assessment of damages for cyclist’s injuries: K4,000,000 awarded; special damages rejected for lack of proof.
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Assessment of damages — personal injury from road accident — awards for pain and suffering, loss of amenities, disfigurement, and loss of earnings — insufficiency of evidence for multiplicand/multiplier application and for special damages.
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4 March 2021 |
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Assessment of damages after liability: awards for pain, amenities, disfigurement; nominal earning award; special damages denied.
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Assessment of damages — personal injury: awards for pain and suffering, loss of amenities, disfigurement; proof required for loss of earnings and special damages; use of comparable awards and adjustment for currency/inflation.
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4 March 2021 |
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Assessment of damages after a road accident: awards for pain, loss of amenities and disfigurement; special damages denied for lack of proof.
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Personal injury — assessment of damages — road traffic accident — multiple fractures and facial injury — quantum for pain and suffering, loss of amenities, and disfigurement; Special damages — requirement of specific pleading and proof; Use of comparative awards and adjustment for currency value.
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4 March 2021 |
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Assessment of damages for personal injury: K3.4m awarded; special damages denied for lack of proof.
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4 March 2021 |
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Claimant awarded K7,000,000 general damages for personal injuries; special damages refused for lack of proof.
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Personal injury — assessment of damages — general damages for pain and suffering, loss of amenities and disfigurement — quantum — special damages require proof — medical report (25% incapacity) — costs.
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1 March 2021 |