Results.
470 judgments found.
|
|
|
| June 2021 |
|
|
Leave for judicial review refused where no recorded hospital decision, no medical evidence under s.243, and alternative remedies available.
-
Administrative law — leave to apply for judicial review — necessity of a recorded public decision; Abortion law — section 243 Penal Code exception for operations to preserve mother's life; Alternative remedies — criminal prosecution and child maintenance bars to review; Wednesbury unreasonableness; Onus on applicant to produce medical evidence.
|
15 June 2021 |
|
Leave for judicial review refused where no hospital decision to deny termination was recorded and alternative remedies existed.
-
Judicial review — leave to apply — requirement of a justiciable public decision; Penal Code s243 exception — onus to show risk to mother's life/health; locus standi; alternative remedies (criminal prosecution, child maintenance); abuse of process.
|
15 June 2021 |
|
Section 46 requires the Commissioner to refer questions of law to the High Court on request; refusal is irrational, mandamus granted.
-
Workers Compensation Act s46 — mandatory duty to state a special case to the High Court on request; judicial review — Wednesbury unreasonableness; mandamus to compel statutory duty; distinction between case stated and appeal procedures.
|
15 June 2021 |
|
Adoption authorized after court found statutory requirements, valid consents, and best interests of the child satisfied.
-
Adoption law — Adoption of Children Act requirements — child’s age and residency — petitioners’ age and marital status — consent of persons with parental interest — Guardian ad Litem recommendation — best interests of the child — prohibition on payment for adoption.
|
14 June 2021 |
|
Subordinate court may distribute matrimonial property as ancillary to dissolving a customary marriage; distribution depends on intention and contributions.
-
Family law — Dissolution of customary marriage — Ancillary power of subordinate court to distribute matrimonial property notwithstanding statutory monetary limits — Distribution based on intention and contribution (Sikwese v Banda) — Pre-Act marriages and inapplicability of section 74 — Credibility findings and evidential assessment.
|
14 June 2021 |
|
Court confirmed 15-month sentence for defilement, balancing accused's youth and existence of a relationship with the victim.
-
Criminal law — Defilement — Confirmation of sentence on review — Sentence adequacy where accused aged 18 and victim aged 13 — evidence of relationship and medical report — inconsistencies in victim's statements.
|
14 June 2021 |
|
A review court enhanced an unduly lenient 10-year defilement sentence to 40 years due to victim's age, STI infection, and breach of trust.
-
Criminal law — Defilement (s.138(1) Penal Code) — Sentencing — Starting point 14 years — Aggravating factors: victim's age, STI infection, breach of trust — Unduly lenient sentence enhanced on review to 40 years IHL.
|
14 June 2021 |
|
A defilement sentence was increased on review due to abuse of trust, premeditation, and need for stronger deterrence.
-
Criminal law — Defilement (s.138(1) Penal Code) — Sentencing on review — Starting point increased from 14 to 20 years — Aggravating factors: abuse of trust, mature offender, premeditation — Enhancement of sentence to 42 years imprisonment.
|
14 June 2021 |
|
Whether a two-year burglary sentence was manifestly inadequate and required enhancement on confirmation.
-
Criminal law — Burglary/housebreaking — sentencing — confirmation review — adequacy of two-year term — sentencing guidelines starting point six years — sentence confirmed due to time already served.
|
14 June 2021 |
|
Costs assessed on the standard basis: counsel’s K40,000 hourly rate allowed, several claimed hours reduced as disproportionate.
-
Civil procedure — Assessment of costs — Standard basis where order silent — Proportionality and reasonableness of hours — Counsel hourly rate — Reduction for non-compliance with assessment bundle rule — Messengerial attendances not taxable at counsel rates — 60% allowance for general care and conduct in straightforward personal injury matter.
|
14 June 2021 |
|
|
10 June 2021 |
|
|
9 June 2021 |
|
Court validated an unratified pre-incorporation land transfer under Companies Act s44, making the company a proper party.
-
Companies Act s44 — pre-incorporation contracts — requirement and form of ratification — validation by court of unratified pre-incorporation land transfer — capacity to sue — proper party to proceedings.
|
9 June 2021 |
|
|
9 June 2021 |
|
|
8 June 2021 |
|
Application for rehearing and to set aside judgment dismissed; High Court functus officio after Supreme Court appeal.
-
Civil procedure — application for rehearing and to set aside judgment entered in absence of a party — functus officio — finality of judgment after appellate determination; High Court cannot reopen matter adjudicated on appeal.
|
8 June 2021 |
|
Court stayed enforcement of procurement-review remedies pending judicial review due to arguable illegality, possible bias, and reputational risk.
-
Administrative law — stay of execution pending judicial review; procurement law — Review Committee remedies; duty of tribunal to give reasons; undeclared interest and apprehension of bias; serious issue to be tried, irreparable harm, balance of convenience.
|
8 June 2021 |
|
|
7 June 2021 |
|
Court enhanced sentence to 40 years for defilement of a nine‑year‑old by an HIV‑positive, premeditating offender.
-
Criminal law — Defilement — Sentencing on confirmation — Whether ten years was unduly lenient for defilement of a nine‑year‑old — Aggravating factors: victim age, HIV‑positive offender, premeditation, threats and bribery — Movement from 14‑year to higher baseline starting point.
|
7 June 2021 |
|
Appeal dismissed where appellants failed to comply with pre-hearing protocols, indicating abandonment and wasting court time.
-
Civil procedure — Compliance with Practice Direction No.1 of 2010 — Failure to file skeleton arguments, chronology and authorities — Inference of abandonment — Dismissal of appeal for failure to prosecute — Costs.
|
6 June 2021 |
|
Whether jointly-acquired matrimonial land vests in the surviving spouse by survivorship or forms part of an intestate estate.
-
Constitutional property rights — section 24(1)(b)(i),(ii) — interpretation of “property held jointly during marriage” — matrimonial property and survivorship — Deceased Estates (Wills and Inheritance) Protection Act — Marriage, Divorce and Family Relations Act — inter vivos dispositions vs intestacy — survivor’s proprietary rights — need for letters of administration.
|
6 June 2021 |
|
Jointly acquired matrimonial property vested in the surviving spouse by survivorship; no administration necessary; section 24 mandates broad fair-disposition principles.
-
Constitutional and family property law — Interpretation of section 24 (property rights of women) — Meaning of "property held jointly" — Survivorship of jointly held property — Scope of Deceased Estates (Wills and Inheritance) Protection Act and Marriage, Divorce and Family Relations Act — Administration of estates and requirement for letters of administration.
|
6 June 2021 |
|
Assessment of damages for fractured tibia: non-pecuniary award and modest special damages for reports.
-
Personal injury — assessment of damages — fracture of tibia with permanent scarring — pain and suffering, loss of amenities, disfigurement — special damages must be proved; reasonable compensation where proof lacking — reliance on comparable awards.
|
4 June 2021 |
|
Court quashed unlawful Electoral Commission appointments for breaching statutory nomination limits and ordered prompt re‑nomination.
-
Electoral law — Nomination and appointment of Electoral Commission commissioners — Interpretation and enforcement of section 4 of the Electoral Commission (Amendment) Act — Validity of appointments where a party exceeds statutory nominee limit — Locus standi of political party to challenge appointments — Waiver and acquiescence not applicable to constitutional/political rights.
|
2 June 2021 |
| May 2021 |
|
|
Assessment of damages for amputation injuries, loss of earning capacity calculation, and insurer's policy limit on costs.
-
Personal injury — below‑knee amputation — assessment of general damages (pain and suffering, loss of amenities, disfigurement); loss of earning capacity where earnings unproven — use of minimum wage and appropriate multiplier; insurer policy limits and whether party‑and‑party costs are included — governed by express policy wording.
|
31 May 2021 |
|
Assessment awarded K4,750,000 for a minor’s road accident injuries; special damages denied for lack of proof.
-
Personal injury — assessment of damages for a minor — pain and suffering, loss of amenities, disfigurement/incapacitation — requirement of proof for special damages — use of comparable awards and adjustment for currency devaluation.
|
28 May 2021 |
|
Failure to furnish written reasons for denying land access breaches the constitutional right to administrative justice.
-
Administrative law — Section 43 Constitution — right to lawful and procedurally fair administrative action — duty to furnish written reasons — judicial review focuses on decision-making process — remedy: quashing decision; damages for trespass.
|
27 May 2021 |
|
Claimant's challenge to denial of access succeeded: failure to give reasons breached section 43, decision quashed and trespass damages awarded.
-
Administrative law — Judicial review — Procedural fairness — Failure to give written reasons — Breach of constitutional right to administrative justice (Section 43) — Decision quashed — Remedy: damages for trespass — Court reviews process not merits of title dispute.
|
27 May 2021 |
|
Accused convicted of murder: confession and circumstantial evidence established guilt; depression did not meet legal insanity threshold.
-
Criminal law — Murder by poisoning — Caution statement/confession and weight after a not guilty plea (s176(3)) — Insanity/diminished responsibility (ss 11, 12 Penal Code) — Burden on defence to prove unsoundness on balance of probabilities — Circumstantial and forensic evidence.
|
26 May 2021 |
|
Court authorized kinship adoption after finding statutory requirements met and imposed yearly school-reporting for the child’s welfare.
-
Adoption law — Adoption of Children Act requirements — parental consent — residency — guardian ad litem report — kinship adoption — court-imposed post-adoption reporting condition.
|
25 May 2021 |
|
General denials and inconsistent explanations do not justify setting aside a timely default judgment.
-
Civil procedure — Default judgment — Setting aside under Order 12 Rule 21 — timely application insufficient without reasonable cause and meritorious defence — general denials and inconsistent explanations inadequate — stay of assessment refused; defence struck out; costs awarded.
|
25 May 2021 |
|
Court continued interlocutory injunction to preserve disputed land status where ownership is triable and damages inadequate.
-
Interlocutory injunctions — American Cyanamid test — serious question to be tried; adequacy of damages; balance of convenience; ex parte orders and alleged suppression of material facts; procedural requirements for interlocutory applications under Order 10 of the High Court (Civil Procedure) Rules; preservation of status quo in disputed land ownership.
|
25 May 2021 |
|
Whether employees of a state-owned company incorporated under Companies Act are public officers under anti-corruption laws.
-
Company law — State-owned company (Companies Act s.26) — public body status; Public law — definition of public officer under Corrupt Practices Act and Penal Code; applicability of Public Procurement Act and public-officers asset-declaration obligations; preliminary objection to charges dismissed.
|
25 May 2021 |
|
Court granted leave to judicially review COVID-19 restrictions but dismissed interlocutory injunction for procedural non-compliance.
-
Administrative law — judicial review — leave to apply where public-health measures affect rights; procedural requirements for interlocutory injunctions; ultra vires and parliamentary oversight of public health rules.
|
25 May 2021 |
|
Claimant hit by vehicle awarded K7.5m for pain, suffering, loss of amenities and disfigurement.
-
Personal injury — Assessment of damages — Heads: pain and suffering, loss of amenities, disfigurement — Quantum by comparison with authorities — Evidentiary gaps do not necessarily defeat award — Liability settled by consent.
|
24 May 2021 |
|
Court dismissed defendant’s strike-out application, finding contractual claim not plainly displaced by the Public Roads Act and not frivolous.
-
Civil procedure — strike-out for frivolous/vexatious or abuse of process — inherent jurisdiction; Public Roads Act — statutory compensation procedure and contractor powers; section 21(1) immunity and section 21(2) preservation for negligence; contractual claim versus statutory remedy.
|
24 May 2021 |
|
|
24 May 2021 |
|
Leave for judicial review granted of public body's change to tobacco transport allocation; injunction dismissed for procedural defects.
-
Administrative law — Judicial review of public body decision on tobacco transport allocations — Legitimate expectation and procedural fairness — Timeliness and sufficient interest — No alternative statutory remedy — Interlocutory injunction dismissed for procedural non-compliance.
|
21 May 2021 |
|
Leave for judicial review granted against transport policy; interlocutory injunction dismissed for procedural defect.
-
Administrative law — Judicial review of public body's transport policy — Decision of 23 March 2021 reviewable; leave granted; no mandatory alternative remedy; interlocutory injunction dismissed for procedural noncompliance.
|
21 May 2021 |
|
False imprisonment and loss-of-income claims dismissed for lack of proof that the employer procured the arrest.
-
False imprisonment — whether detention was procured by employer or resulted from independent police investigation; employer’s reporting versus procuring arrest; proof on balance of probabilities for civil damages; entitlement to loss of income; costs in court’s discretion.
|
20 May 2021 |
|
Criminal court dismisses accused's attempts to nullify proceedings, recuse the judge, or obtain a permanent stay for delay.
-
Judicial tenure/extension — jurisdiction to review — criminal trial not appropriate forum; recusal — fair‑minded and informed observer test; case management and delay — not proof of bias; permanent stay refused.
|
20 May 2021 |
|
Multiple judicial review applications arising from the same Ombudsman report were consolidated under Order 6 rule 9 for efficiency.
-
Civil procedure — consolidation of claims — Order 6 rule 9 Courts (High Court) (Civil Procedure) Rules, 2017 — common question of law or fact — judicial review arising from the same Ombudsman report — joinder guidance under Order 6 rule 5.
|
20 May 2021 |
|
Divorce granted on cruelty proved; desertion not established; parties to file custody submissions; no costs order.
-
Family law — Divorce jurisdiction under (repealed) Marriage Act and Divorce Act — Domicile requirement — Cruelty as ground for divorce — Legal test for cruelty (conduct rendering continued cohabitation and conjugal duties unbearable) — Desertion: statutory three-year separation, intention and consent requirements — Collusion and connivance.
|
19 May 2021 |
|
|
18 May 2021 |
|
|
18 May 2021 |
|
|
18 May 2021 |
|
Whether a confirming court should enhance a 36‑month sentence for robbery with violence given mitigating factors and comparative sentencing trends.
-
Criminal law — Confirmation of sentence — Robbery with violence — Sentencing discretion — Mitigating factors (first offender, youth, no weapon, compensation) — Sentencing range 5–10 years — Comparative authorities considered.
|
18 May 2021 |
|
Court granted leave for judicial review of the Ombudsman report but refused an interim stay, citing available contractual remedies.
-
Judicial review — leave to apply — Ombudsman determination reviewable under section 123(2) of the Constitution — interim stay refused where adequate alternative remedies in employment contract exist — leave-stage assessable on prima facie arguable case.
|
18 May 2021 |
|
Whether forensic and circumstantial evidence proved murder by traumatic head injury and negligent omission.
-
Criminal law — Murder — Forensic autopsy (subdural haemorrhage from orbital trauma) — Distinguishing assault from fall — Circumstantial evidence sufficiency — Burden and standard of proof beyond reasonable doubt — Omissions/negligence as contributory actus reus — Motive (property/testament) and post-death conduct.
|
13 May 2021 |
|
Whether the applicant is a bona fide purchaser and whether the prior consent order remains valid and triable without a full hearing.
-
Civil procedure — originating summons — procedural noncompliance under new rules (defence, summary judgment/mediation, trial) — triable issues require hearing; Property law — bona fide purchaser for value without notice; Consent orders — binding as judgments; to set aside require fresh action or proper legal cause (fraud/mistake/misrepresentation); Contempt allegation cannot be determined without full hearing.
|
13 May 2021 |