Results.
46 judgments found.
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| July 2021 |
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29 July 2021 |
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Applicant's suit dismissed for want of prosecution; respondent awarded K3,500 for slander and assault.
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Defamation (slander) — words concerning professional competence — actionable per se; Assault — corroboration and medical evidence; Dismissal for want of prosecution; Assessment of damages.
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29 July 2021 |
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Assessment of quantum for personal injury where claimant's uncontroverted evidence established fractures, disfigurement, and proved limited special damages.
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Personal injury — assessment of damages — quantum for pain and suffering, loss of amenities and disfigurement — reliance on uncontroverted evidence and comparable awards — proof of special damages (police report vs medical report).
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29 July 2021 |
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Convictions under revoked regulations are nullities; forfeiture and vehicle-owner fine set aside; courts must use updated statute books.
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Criminal law — Conviction under revoked regulations — Proceedings a nullity — Forfeiture and fines dependent on invalid conviction set aside — Duty to maintain updated statute books.
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29 July 2021 |
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DPP’s appeal dismissed: prosecution failed to establish cause of death or nexus, so no case to answer.
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Criminal law — case to answer — prima facie case; murder — causation, nexus and malice aforethought; circumstantial evidence and doctrine of last seen; admissibility and weight of expert and post-mortem evidence; delegation of prosecutorial power; requirements for notice of appeal.
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28 July 2021 |
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Court confirmed the convict's fine for unlawful possession of an endangered specimen as adequate and lawful.
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Wildlife law — possession of endangered species without permit — sentencing review and confirmation — fine must not be less than value of specimen — mitigation of first offender.
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28 July 2021 |
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On review the court enhanced a 14-year defilement sentence to 35 years due to use of a knife, threats, and victim vulnerability.
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Criminal law — Defilement (section 138(1) Penal Code) — Sentence review and enhancement — Aggravating factors: use of weapon, threat to kill, victim's young age and vulnerability, concealment of identity — Precedent and need for deterrent, denunciatory sentencing.
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28 July 2021 |
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An adult’s repeated, planned defilement of a 10‑year‑old warranted enhancement of sentence from 14 to 40 years.
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Criminal law — Defilement — Sentence enhancement on confirmation — Aggravating factors: adult offender, child under 11, repeated incidents, planned offence — Precedent supporting long or life sentences in worst cases.
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28 July 2021 |
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Court confirmed conviction for defilement and enhanced a ten-year sentence to 17 years IHL on review.
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Criminal law — Defilement (s.138(1) Penal Code); sentencing — adequacy and enhancement of custodial term; consideration of victim age, offender’s age and first-offender status; comparative precedent and maximum penalty (life).
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28 July 2021 |
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Conviction for defilement confirmed; sentence increased to 17 years considering precedents and mitigating factors.
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Criminal law — Defilement — Confirmation of conviction on review — Sentence enhancement — Consideration of precedents and mitigating factors (age, first-offender status, relationship with victim).
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28 July 2021 |
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26 July 2021 |
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Appellate court remitted the file for the trial record on distribution of matrimonial property before reviewing that issue.
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Family law — Divorce — Grounds and fault — Custody and maintenance — Distribution of matrimonial property — Appellate review requires full trial record — Remittal to trial court for missing record.
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26 July 2021 |
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Claimant awarded MK4.8 million for injuries; ongoing pain and disfigurement insufficiently proven.
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Personal injury — quantum of damages — assessment of pain and suffering, loss of amenities and disfigurement; proof of fractures without x-ray evidence; requirement of medical follow-up evidence for ongoing disability; reliance on comparable awards.
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26 July 2021 |
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26 July 2021 |
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Absence of letters of administration does not bar wrongful‑death damages; court awarded K14,605,000 for expectancy, dependency, and funeral costs.
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Personal injury/wrongful death — Letters of Administration not prerequisite to recovery under s.7 Statute Law (Miscellaneous Provisions) Act — Assessment of damages: loss of expectation of life, dependency calculation (multiplicand, multiplier, deduction), and special damages accepted on balance of probabilities despite no receipts.
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26 July 2021 |
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Whether failure by a district authority to act under the Riot Damages Act gives rise to compensable statutory or constitutional tort.
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Riot Damages Act (ss.3–7) — statutory duties of District Commissioner — requirement to declare restricted/riot damage areas — burden and standard of proof in civil claims — necessity of police reports/records and corroborative evidence to establish riot and damages — failure to substantiate claim leads to dismissal.
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26 July 2021 |
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23 July 2021 |
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Possession of customary land confers title; claimant failed to prove lawful acquisition or required chief consultation for the extension.
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Land law — customary land v public land — statutory designation of public land requires Gazette/ministerial certificate (Land Act ss 27, 40–41); chiefs administer customary land (s25); title to customary land moves with possession; requirement to consult chiefs and prove compensation when acquiring customary extensions.
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23 July 2021 |
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22 July 2021 |
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Costs assessed on the standard basis; several bill items reduced for disproportionality and lack of proof.
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Costs assessment — party-and-party costs — standard basis of assessment — proportionality and reasonableness — hourly rate for counsel — proof of disbursements — reduction of excessive bill items.
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22 July 2021 |
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21 July 2021 |
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20 July 2021 |
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20 July 2021 |
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Court accepted claimant’s oral evidence of rib fracture and awarded K4.7 million for non-pecuniary losses.
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Personal injury — assessment of damages; proof of injury on balance of probabilities; hearsay limitations for medical report; reliance on claimant's oral testimony; heads of damages: pain and suffering, loss of amenities, disfigurement; use of comparable awards and adjustment for currency value; special damages require strict proof.
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20 July 2021 |
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Assessment of damages for claimant's multiple fractures, disfigurement and loss of amenities following defendant's default on liability.
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Personal injury — Assessment of damages — Multiple fractures, dislocations, soft tissue injuries — Pain and suffering, loss of amenities, disfigurement — Special damages strictly proved — Default judgment on liability — Use of comparable awards in quantification.
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19 July 2021 |
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19 July 2021 |
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Appeals from the IRC are limited to law or jurisdiction; factual findings on fairness of dismissal are rarely disturbed.
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Labour law — unfair dismissal — procedural fairness in disciplinary hearings — appeals from Industrial Relations Court limited to questions of law or jurisdiction — appellate restraint on factual findings.
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16 July 2021 |
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A chief’s suspension and dethronement without hearing or written reasons is unlawful and invalidates any successor selection.
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Customary law — proof as question of fact; chiefs — suspension and dethronement; requirement to be heard and reasons in writing (s43 Constitution); invalidity of successor selection where removal unlawful; public law remedies — judicial review v ordinary action; procedural compliance by Traditional Authority.
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16 July 2021 |
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Conviction and 36‑month sentence for possessing charcoal without a licence upheld; foreign documents insufficient to prove lawful importation.
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Forestry Act — possession/trafficking of charcoal without licence — sufficiency of foreign documents to prove lawful importation — proof of previous convictions for sentencing — interpretation of sections 68(3)(a) and 81.
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16 July 2021 |
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Court imposed 20-year imprisonment for murder, rejecting non-custodial leniency despite age and first-offender status.
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Homicide sentencing — sentencing discretion within life imprisonment maximum after abolition of mandatory death penalty — sections 339 and 340 CP&EC and non-custodial options for first offenders — mitigation (age, health, first offender) vs aggravation (domestic/intimate violence, professional duty, forensic evidence) — 20-year custodial sentence.
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16 July 2021 |
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The High Court lacked statutory jurisdiction to review an Industrial Relations Court Chairperson's order under section 26(1).
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Courts Act s26(1) — supervisory and revisionary jurisdiction — Industrial Relations Court not established under Courts Act — jurisdiction is statute-conferred — High Court lacks power to review IRC Chairperson's order under s26(1).
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15 July 2021 |
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High Court lacks statutory supervisory jurisdiction to review Industrial Relations Court orders under Courts Act s26(1).
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Civil procedure — Supervisory and revisionary jurisdiction — Whether High Court has general supervisory jurisdiction under Courts Act s26(1) over Industrial Relations Court orders — Industrial Relations Court constituted under Labour Relations Act, not Courts Act — s26(1) inapplicable
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15 July 2021 |
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The applicant's convictions were upheld on circumstantial evidence and call logs despite improper use of section 3 CP&EC.
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Criminal law
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ircumstantial evidence
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dmissibility of call logs/business records alse police statement as perjury xtradition (s.21)
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ddition of lesser offences provable by extradition facts xclusion of illegally obtained evidence
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nd limited scope of s.3 CP&EC
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14 July 2021 |
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Court refused claimant's summary judgment application despite finding defendant's defence a sham, to avoid abuse of process.
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Civil procedure — Summary judgment — Order 12 rule 23 — Sham defence — General denials — Order 7 rule 6 — Abuse of process — Refusal of partial summary judgment.
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14 July 2021 |
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Prosecutorial delay and unsubstantiated flight-risk claims did not justify continued remand; bail granted with conditions.
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Criminal procedure — Bail — Constitutional right to bail (s.42(2)(e)) — Burden on prosecution to show interests of justice — Prosecutorial delay and prior revocation without due process — Flight risk and bail conditions.
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14 July 2021 |
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Costs were taxed on the standard basis as proportionate, reduced from the claimed amount to MK5,469,388.75.
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Civil procedure — taxation of costs — standard basis assessment; Proportionality of costs to amount recovered (Order 31 r.5 CPR 2017); Apportionment of hourly rates; Allowability of refresher/instruction fees; Disallowance/reduction of unsupported disbursements and authorities.
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13 July 2021 |
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12 July 2021 |
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12 July 2021 |
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Costs assessed on the standard basis and reduced for proportionality to MK4,519,800.
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Costs assessment — standard basis where judgment silent; proportionality of costs to amount recovered; hourly rate for counsel; reasonableness of hours (conferences, documents, attendances); general care and conduct percentage; instruction fee and disbursements; taxation of bill.
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12 July 2021 |
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12 July 2021 |
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Whether an interlocutory injunction should restrain a fence blocking an alleged access road and whether a locus inspection is required.
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Civil procedure — interlocutory injunction — access to land — dispute over prior use of access road — locus in quo inspection where parties’ factual accounts conflict — balance of convenience and irreparable harm.
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9 July 2021 |
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A juvenile accused of murder entitled to bail where the State does not object; court imposed conditions to secure attendance.
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Bail — Constitutional right under Section 42(2)(e) — not absolute — State bears burden to show detention necessary in interests of justice — Bail (Guidelines) Act factors — juvenile accused — bail conditions to secure attendance.
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8 July 2021 |
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7 July 2021 |
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Additional claimants added at assessment and identifications by house number struck off; each party must be named separately under Order 6.
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Civil Procedure — Order 6 CPR 2017 — Parties must be named separately — Adding parties after summons served — Endorsement before service and court applications — Consolidation of matters — Assessment of damages — Striking off improperly added claimants — Identification by house number invalid.
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5 July 2021 |
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Minister's tacit acceptance of an Acting Traditional Authority without presidential delegation or royal-family consultation was ultra vires and void.
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[Chiefs Act] Appointment of Acting Traditional Authority — tacit governmental decision reviewable though unwritten — necessity of written presidential delegation for s.10 powers — requirement to consult royal family and observe customary law — Wednesbury unreasonableness — certiorari and mandamus.
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5 July 2021 |
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Minister’s tacit recognition of an acting chief was ultra vires absent written presidential delegation and without customary consultation.
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Chiefs Act s10 — appointment of Acting Traditional Authority; delegation of presidential powers — written delegation required (General Interpretation Act s35(1); Constitution s89(6)); customary law and royal‑family consultation required for acting appointments; tacit administrative decisions and judicial reviewability; Wednesbury unreasonableness; ultra vires administrative action.
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5 July 2021 |