Results.
470 judgments found.
|
|
|
| July 2021 |
|
|
|
20 July 2021 |
|
|
20 July 2021 |
|
Court accepted claimant’s oral evidence of rib fracture and awarded K4.7 million for non-pecuniary losses.
-
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.
|
20 July 2021 |
|
Assessment of damages for claimant's multiple fractures, disfigurement and loss of amenities following defendant's default on liability.
-
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.
|
19 July 2021 |
|
|
19 July 2021 |
|
Appeals from the IRC are limited to law or jurisdiction; factual findings on fairness of dismissal are rarely disturbed.
-
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.
|
16 July 2021 |
|
A chief’s suspension and dethronement without hearing or written reasons is unlawful and invalidates any successor selection.
-
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.
|
16 July 2021 |
|
Conviction and 36‑month sentence for possessing charcoal without a licence upheld; foreign documents insufficient to prove lawful importation.
-
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.
|
16 July 2021 |
|
Court imposed 20-year imprisonment for murder, rejecting non-custodial leniency despite age and first-offender status.
-
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.
|
16 July 2021 |
|
The High Court lacked statutory jurisdiction to review an Industrial Relations Court Chairperson's order under section 26(1).
-
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).
|
15 July 2021 |
|
High Court lacks statutory supervisory jurisdiction to review Industrial Relations Court orders under Courts Act s26(1).
-
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
|
15 July 2021 |
|
The applicant's convictions were upheld on circumstantial evidence and call logs despite improper use of section 3 CP&EC.
-
Criminal law
-
ircumstantial evidence
-
dmissibility of call logs/business records alse police statement as perjury xtradition (s.21)
-
ddition of lesser offences provable by extradition facts xclusion of illegally obtained evidence
-
nd limited scope of s.3 CP&EC
|
14 July 2021 |
|
Court refused claimant's summary judgment application despite finding defendant's defence a sham, to avoid abuse of process.
-
Civil procedure — Summary judgment — Order 12 rule 23 — Sham defence — General denials — Order 7 rule 6 — Abuse of process — Refusal of partial summary judgment.
|
14 July 2021 |
|
Prosecutorial delay and unsubstantiated flight-risk claims did not justify continued remand; bail granted with conditions.
-
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.
|
14 July 2021 |
|
Costs were taxed on the standard basis as proportionate, reduced from the claimed amount to MK5,469,388.75.
-
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.
|
13 July 2021 |
|
|
12 July 2021 |
|
|
12 July 2021 |
|
Costs assessed on the standard basis and reduced for proportionality to MK4,519,800.
-
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.
|
12 July 2021 |
|
|
12 July 2021 |
|
Whether an interlocutory injunction should restrain a fence blocking an alleged access road and whether a locus inspection is required.
-
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.
|
9 July 2021 |
|
A juvenile accused of murder entitled to bail where the State does not object; court imposed conditions to secure attendance.
-
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.
|
8 July 2021 |
|
|
7 July 2021 |
|
Additional claimants added at assessment and identifications by house number struck off; each party must be named separately under Order 6.
-
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.
|
5 July 2021 |
|
Minister's tacit acceptance of an Acting Traditional Authority without presidential delegation or royal-family consultation was ultra vires and void.
-
[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.
|
5 July 2021 |
|
Minister’s tacit recognition of an acting chief was ultra vires absent written presidential delegation and without customary consultation.
-
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.
|
5 July 2021 |
| June 2021 |
|
|
A consent order did not bar recovery of costs to the claimants; insurer’s policy limit does not relieve the insured of excess costs.
-
Insurance law — consent order — policy limit — costs — taxation of costs; distinction between insurer’s obligation and insured’s personal liability; Kabotolo precedent.
|
28 June 2021 |
|
Unpleaded nerve injury and unparticularized special damages rejected; court separately assessed non-pecuniary and earning-capacity damages, awarding K7.5m.
-
Personal injury — assessment of damages; new/unpleaded injury inadmissible at assessment without prior notice or medical support; unparticularized special damages not awarded; non-pecuniary heads to be separated; loss of earning capacity — use of minimum wage as multiplicand and court discretion on multiplier when age/earnings unverified.
|
24 June 2021 |
|
Court found an oral partnership and dissolved it from 1 January 2009 but dismissed accounting and damages claims for lack of audited proof.
-
Partnership law — existence of partnership despite absence of written agreement — contribution by labour and profit-sharing as indicia of partnership; Partnership act — dissolution by notice and cessation of joint trading; Civil proof — need for audited accounts/forensic tracing to establish alleged transfers, loans and loss.
|
24 June 2021 |
|
|
24 June 2021 |
|
Whether hearsay alone can establish that the respondent defamed and maliciously harmed the applicant's employment prospects.
-
Defamation — requirement of proof of publication to third parties — hearsay insufficient to establish defamatory or malicious false statements — failure to call primary witnesses defeats claim.
|
24 June 2021 |
|
Death sentence set aside due to youth and untreated epilepsy; substituted sentence of time served with conditional medical follow-up.
-
Sentencing — Death sentence rehearing — Mental illness (grand mal epilepsy) as mitigation — Lack of neurological/psychiatric assessment — First offender and youth — Substituted sentence of time served and conditional release.
|
24 June 2021 |
|
Conviction quashed where unsworn child evidence lacked adequate corroboration and the defence version might reasonably be true.
-
Criminal law — defilement of a minor; unsworn child evidence requiring corroboration; medical evidence confirms assault but not perpetrator; credibility and timing of disclosure; appellate review; conviction unsafe and quashed.
|
24 June 2021 |
|
Whether a bank’s application of a deposit to a defaulted loan violated Pension Act s73(1)(c)’s protection of pension benefits.
-
Banking and loans — application of account deposit to arrears and fees — appellate rehearing and powers under Courts Act s22 — Pension Act s73(1)(c) — protection of pension benefits from attachment — remittal for additional evidence.
|
23 June 2021 |
|
Whether striking out a defence at mandatory mediation was a proportionate sanction and whether mediation confidentiality was breached.
-
Civil procedure — mandatory mediation — Order 13 r.6 CPR (2017) — striking out defence for non-attendance — proportionality of sanction; mediation confidentiality — Order 13 r.7 — use of mediation materials in substantive orders; case management discretion — appellate review; restoration and costs as remedies.
|
23 June 2021 |
|
Whether the Ombudsman may hear unfair dismissal claims where court remedies exist and whether its compensation awards exceeded statutory limits.
-
Administrative law — Ombudsman jurisdiction under section 123 — exclusion where court remedies reasonably available; Employment law — compensation for unfair dismissal — awards must follow Employment Act standards, avoid double recovery; Judicial review — Wednesbury unreasonableness and statutory conformity.
|
23 June 2021 |
|
The Ombudsman lacked jurisdiction over a delayed unfair‑dismissal claim and awarded excessive, Wednesbury‑unreasonable compensation.
-
Constitutional/judicial review — Ombudsman jurisdiction — section 123 Constitution — exclusion where court remedies available; Labour law — unfair dismissal — Employment Act governs compensation — awards must be just and equitable; Administrative law — Wednesbury unreasonableness — excessive compensation; Limitation and separation of functions between courts and Ombudsman.
|
23 June 2021 |
|
Ombudsman lacked jurisdiction over an old unfair dismissal claim and its compensation awards were excessive and unlawful.
-
Ombudsman jurisdiction — section 123 Constitution — availability of court remedies — unfair dismissal — Employment Act s63 compensation — Wednesbury unreasonableness — administrative judicial review.
|
23 June 2021 |
|
Appeal dismissed with costs for failure to comply with Practice Direction and to prosecute the appeal.
-
Civil procedure — non-compliance with Practice Direction No.1 of 2010 — failure to file skeleton argument/chronology/list of authorities — dismissal for failure to prosecute — injunction proceedings.
|
22 June 2021 |
|
An appeal may be dismissed with costs where appellants fail to comply with practice directions and to prosecute the appeal.
-
Civil procedure — Practice Direction No. 1 of 2010 — Failure to comply with pre-hearing protocols — Failure to prosecute appeal — Dismissal for want of prosecution and costs; land law — permanent injunction protecting possession and quiet enjoyment.
|
22 June 2021 |
|
Claimant awarded K3,500,000 for pain, suffering and loss of amenities after false positive HIV diagnosis and ARV treatment.
-
Medical negligence — False positive HIV test — Wrongful administration of ARVs — Assessment of damages for pain and suffering, loss of amenities and disfigurement — Default judgment on liability.
|
21 June 2021 |
|
|
21 June 2021 |
|
Rape conviction quashed where prosecution failed to prove lack of consent or adduce corroborative evidence.
-
Criminal law — Rape — Proof of lack of consent — Need for corroborative evidence where consent is disputed — Medical evidence inconclusive — Conviction quashed for insufficient evidence.
|
21 June 2021 |
|
Application to stay assessment of damages was refused: default judgment against the 2nd defendant stands and no special circumstances merited a stay.
-
Civil procedure — Stay of proceedings pending appeal — Inherent jurisdiction to stay proceedings — Default judgment — Assessment of damages may proceed despite pending appeal against other defendants — Applicant must show special circumstances or irreparable harm not compensable by damages.
|
21 June 2021 |
|
Whether newspaper words amounted to defamatory libel and whether fair comment or justification defeated the claim.
-
Defamation (libel) — publication and reference — ordinary meaning test — whether words lower claimant in estimation of right-thinking members of society — defences of fair comment and justification — failure to prove defamation on balance of probabilities — costs for failure to file submissions.
|
18 June 2021 |
|
|
17 June 2021 |
|
Discharge for nude photos substantively justified but quashed due to serious procedural unfairness in disciplinary process.
-
Police discipline — conduct prejudicial to good order — nude photographs — higher standard for uniformed officers; Administrative law — procedural fairness — inadequate notice; natural justice; functus officio; unlawful internal interference; Appeal — leave to appeal out of time.
|
15 June 2021 |
|
|
15 June 2021 |
|
Failure to prove that the employer instigated arrests; acquittal alone does not establish false imprisonment.
-
False imprisonment — employer report of missing goods — notification to police vs. laying a charge — police independent investigation — acquittal not determinative of civil liability — evidential burden to prove instigation of arrest.
|
15 June 2021 |
|
A trial court need not give reasons when finding the applicant has a case to answer.
-
Criminal procedure — Section 254 CP&E Code — finding of a case to answer — no statutory duty to give reasons when directing accused to make defence — review jurisdiction and non-interference with ongoing subordinate court proceedings.
|
15 June 2021 |
|
Leave granted to seek judicial review of COVID-related restrictions; injunction dismissed; police dismissal overturned for procedural unfairness.
-
Judicial review — Public health measures — Partial lockdown and restrictions on trade and movement — Amenability to judicial review — Lawfulness and procedural fairness; Interlocutory injunction — requirement for separate application and supporting affidavit; Administrative law — disciplinary proceedings — procedural fairness, inadequate notice, internal interference, functus officio; Ultra vires and parliamentary oversight — Public Health Amendment Rules.
|
15 June 2021 |