Results.
470 judgments found.
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| August 2021 |
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Claimants awarded lost salary and 25% ex‑gratia for extra project work; interest refused; arbitrator’s fees allowed.
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Employment law — wrongful/early termination — assessment of damages; conversion of US$ contractual salaries at prevailing rate; implied entitlement to pay for additional project work; discretionary refusal of interest on damages; enforceability of unapproved salary recommendations; arbitration fees awarded.
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13 August 2021 |
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Court assessed compensation for unfair dismissal, awarding loss, severance, leave and notice pay; refused interest and employer pension contributions.
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Employment law — unfair dismissal — assessment of compensation (immediate and future loss, severance, accrued leave, notice) — mitigation — interest on damages not generally awardable; pension employer contributions not payable to dismissed employee under Pensions Act.
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13 August 2021 |
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13 August 2021 |
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11 August 2021 |
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11 August 2021 |
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Court awarded MK15,000,000 for severe personal injuries; insurer liable only to MK5,000,000 policy limit.
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Damages — personal injury — assessment of quantum for pain and suffering, loss of amenities and disfigurement; insurer’s liability limited to policy limit; claimant entitled to pursue driver for balance.
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10 August 2021 |
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Credible oral testimony sufficed to prove a metatarsal fracture; claimant awarded K4,000,000 for general damages, special damages dismissed.
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Personal injury — proof of fracture by oral evidence — credibility vs best evidence (x‑rays) — general damages for metatarsal fracture — special damages must be specifically pleaded and strictly proved.
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10 August 2021 |
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A regular default judgment was set aside where defendants showed a prima facie defence and poor pleadings justified investigation despite delay.
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Civil procedure — Setting aside default judgment — Order 12 r.21 HCCPR — Regularly obtained judgment requires prompt application and sworn prima facie meritorious defence — Inadequate particulars in statement of claim may justify delay to investigate.
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9 August 2021 |
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The claimant awarded purchase price, accrued interest and inconvenience damages after defendant sold land to another and failed to refund.
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Contract/land sale — recovery of purchase price; assessment of interest on money due — acceptance of uncontroverted accountant's computation; damages for inconvenience for prolonged deprivation; costs taxed if not agreed.
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6 August 2021 |
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Summary judgment refused because material disputes of fact existed and prior consent order did not prove negligence.
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Civil procedure — summary judgment — Order 12 rules — real prospect of defence — relevant dispute of fact — consent order in lower court as compromise not admission of liability — negligence claim concerning low‑lying power lines.
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6 August 2021 |
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Registrar taxed applicants’ bill allowing five counsel, applied 100% care and conduct, and reduced instruction fees to MWK10,000,000 each.
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Costs assessment — number of counsel — care and conduct uplift — instruction fee — NGO-associated counsel entitlement — Order 31 taxation factors.
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6 August 2021 |
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Police torture and false imprisonment resulted in K34,000,000 damages, including a large punitive award against the State.
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Police misconduct; torture and cruel, inhuman or degrading treatment; false imprisonment; assessment of non-pecuniary damages; exemplary/punitive damages; Police Act and constitutional breaches; comparative awards in personal injury assessments.
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5 August 2021 |
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Claimants awarded general and exemplary damages for 27-day false imprisonment due to oppressive state conduct.
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Civil damages — False imprisonment — Assessment of general damages for 27 days’ detention; consideration of comparative awards and currency value — Exemplary/punitive damages for oppressive, arbitrary state conduct — Costs taxed if not agreed.
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5 August 2021 |
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Assessment of damages for unfair dismissal of a defence force member; Defence Force Regulations govern gratuity and pension entitlements.
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Labour law — unfair dismissal — armed forces excluded from Employment Act — Defence Force Act and Regulations govern gratuity and pension; one month pay per completed year as gratuity; nominal pension award where pensionable-service threshold unmet; interest and costs.
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5 August 2021 |
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5 August 2021 |
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4 August 2021 |
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Assessment of damages for serious road-traffic injuries, awarding quantified sums for non-pecuniary and pecuniary losses.
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Personal injury — assessment of damages after default judgment — heads: pain and suffering, loss of amenities, disfigurement, loss of earnings/earning capacity, future nursing care — use of comparable awards, multiplier method and adjustment for currency devaluation — leave to appeal granted.
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4 August 2021 |
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Assessment of personal injury damages for a road accident, reduced by 15% contributory negligence and subject to insurer policy limits.
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Assessment of damages — personal injury from road traffic accident — awards for pain and suffering, loss of amenities, disfigurement, loss of earnings — adoption of assumed income where earnings not proved — 15% contributory negligence reduction — insurer liable within policy limit.
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4 August 2021 |
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Conviction for defilement quashed where accused reasonably believed the complainant was sixteen at intercourse.
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Criminal law — Defilement (s.138(1) Penal Code) — Statutory proviso: reasonable belief as to age — Proof by consistency of accused’s statement and complainant’s dates — Conviction quashed.
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4 August 2021 |
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Ex parte interlocutory injunction discharged due to suppression of material facts about nearby licensed quarry operations.
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Civil procedure — Interlocutory injunction — Ex parte injunction — Duty of full and frank disclosure — Suppression of material facts — Mining licence and proprietary rights — Effect of licensed quarry operations on injunction relief.
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3 August 2021 |
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A youthful first-offender who killed a sleeping parent was sentenced to 25 years' imprisonment despite mitigation due to premeditation and brutality.
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Criminal law — Murder — Sentencing — Mandatory death penalty abolished — Mitigating factors (youth, first offender, guilty plea, remorse) weighed against aggravating factors (premeditation, use of stone, victim asleep) — Fixed-term custodial sentence of 25 years with hard labour.
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3 August 2021 |
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Youthful first-time offender convicted of premeditated murder sentenced to 25 years' imprisonment with hard labour.
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Criminal law — murder — sentencing — mandatory death penalty abolished — mitigation (youth, first offender, guilty plea, remorse) weighed against aggravation (premeditation, attack on sleeping victim, use of stone) — sentence of 25 years with hard labour.
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3 August 2021 |
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3 August 2021 |
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Ombudsman lacked jurisdiction over employment disputes properly triable in the Industrial Relations Court; systemic abuse‑of‑power remedies upheld but employment relief quashed.
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Administrative law — Ombudsman jurisdiction — s123 Constitution and Ombudsman Act — limits where court remedies available; Labour law — employment disputes fall within Industrial Relations Court; Natural justice — right to be heard and challenge evidence when Ombudsman issues final determinations; Remedies — systemic remedies and referrals may stand while employment orders ultra vires.
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3 August 2021 |
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Claimant awarded compensation for a 17-month extension but failed to prove inflated business losses; court awarded MK61.9m plus disturbance.
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Compulsory acquisition/compensation — assessment of damages for loss of business due to project extension — limits of pleadings on claimed period — requirement to prove special damages; valuation by occupancy, room rate, costs and disturbance allowance.
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3 August 2021 |
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Default judgment set aside because defendant demonstrated a meritorious defence (not the insurer); defence to be filed within seven days.
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Civil procedure — setting aside default judgment — Order 12 rule 21; service on corporate bodies — branch v principal place of business; meritorious defence — insurer liability for uninsured vehicle; inordinate delay and interests of justice.
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2 August 2021 |
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Claimant awarded MK5,503,000 for physical injuries; insurer liable only up to MK5,000,000 policy limit.
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Personal injury — Assessment of damages — Pain and suffering; loss of amenities; disfigurement — Proof of mental injury requires medical evidence — Special damages must be strictly proved — Insurer’s liability limited by policy limit.
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2 August 2021 |
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Court awarded damages for pain, loss of amenities and disfigurement; refused special damages for lack of proof.
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Personal injury — Assessment of damages — Pain and suffering; Loss of amenities of life; Disfigurement; Special damages require strict documentary proof; Use of comparative awards and adjustment for currency devaluation.
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2 August 2021 |
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2 August 2021 |
| 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 |