Results.
470 judgments found.
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| 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 |
| February 2021 |
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The court confirmed concurrent custodial sentences for burglary and theft, emphasizing first-offender status and rehabilitative considerations despite aggravating factors.
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Sentencing discretion; review of sentence for excess or inadequacy; consideration of aggravating and mitigating factors; burglary seriousness; confirmation of concurrent custodial sentences.
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25 February 2021 |
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Whether the convict's burglary and theft sentences should be enhanced on review given aggravating and mitigating factors.
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Sentencing discretion; review of sentence; enhancement versus interference; aggravating and mitigating factors; burglary seriousness; first-offender mitigation.
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25 February 2021 |
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Employer liable for negligence and statutory breaches after machine modification exposed employee to dangerous moving parts causing amputation.
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Employer negligence; Occupational Safety, Health and Welfare Act (s.13(2)(a), s.35(1)); insecure fencing of dangerous machine parts; machine modification; credibility of witnesses; personal injury damages.
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24 February 2021 |
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23 February 2021 |
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Whether mosquito coils qualify as pesticides and whether leave for judicial review of their detention should be granted.
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Administrative law — Judicial review (leave stage) — Pesticides Act — Definitions of "pest" and "pesticide" — Mosquito coils as pesticides — Importation of unregistered pesticides prohibited — Ignorance of law not a defence.
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22 February 2021 |
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Whether mosquito coils are 'pesticides' under the Pesticides Act and import without registration/permit is unlawful; leave refused.
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Administrative law — Judicial review — Leave stage — Statutory interpretation of 'pest' and 'pesticide' under Pesticides Act — Importation and registration requirements — Import of unregistered pesticides unlawful — Ignorance of law no defence.
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22 February 2021 |
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Leave to appeal was granted while the court condemned counsel’s insertion of a misleading postscript and unprofessional post-judgment conduct.
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Electoral law — fresh elections — use of previous voters’ roll and eligibility of candidates; Civil procedure — joinder of affected parties before judgment; appellate procedure — leave to appeal; Professional conduct — inadmissibility of postscripts in formal orders and improper post-judgment audience requests.
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21 February 2021 |
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Employer negligent for failing to curb sexual harassment; psychiatric injury compensable and aggravated damages awarded.
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Employment law — employer's duty to ensure safe workplace and effective complaint procedures — sexual harassment by senior employee — negligence for psychiatric injury absent physical harm — aggravated (not exemplary) damages awarded.
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20 February 2021 |
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Employer liable in tort for failing to prevent senior employee’s sexual harassment; aggravated damages awarded, exemplary damages denied.
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Tort — Employer Liability — Failure to protect employee from sexual harassment — Occupational Safety, Health and Welfare Act s 13
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20 February 2021 |
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Accused convicted of murder; self-defence and provocation rejected; malice aforethought found based on use of a metal rod.
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Criminal law — Murder — Proof beyond reasonable doubt — Post-mortem evidence and eyewitness credibility — Self-defence and provocation rejected — Malice aforethought established.
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19 February 2021 |
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Suspicion alone is insufficient under section 254 to require an accused to enter defence on a murder charge.
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Criminal law — Murder — Elements (death, unlawful act/omission, malice aforethought) — Section 254 Criminal Procedure and Evidence Code — Sufficiency of prosecution case to call accused to defence — Suspicion insufficient; protection against self-incrimination.
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18 February 2021 |
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17 February 2021 |
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Accused acted in self-defence but used excessive force; convicted of manslaughter rather than murder.
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Criminal law — Homicide — self-defence — excessive force — distinction between murder and manslaughter — burden on prosecution to disprove self-defence.
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17 February 2021 |
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An interlocutory injunction will not be discharged for alleged suppression absent proof that material facts were known or discoverable.
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Civil procedure — interlocutory injunction — application to discharge for suppression of material facts — material facts as known or discoverable on proper enquiries — standard of proof on balance of probabilities — factual disputes for trial — merger of related causes.
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16 February 2021 |
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An interlocutory injunction will not be discharged absent proof of suppression of material facts; injunction stands and files are merged.
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Interlocutory injunction — application to discharge — suppression of material facts — burden to prove knowledge or discoverability of facts — factual disputes for trial — merger of related causes.
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16 February 2021 |
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Respondent liable for negligent excavation causing applicant's wall collapse; pleaded special damages unproven, general damages awarded.
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Negligence — duty of care for adjacent excavation works — onus and shift of evidential burden — causation by negligent backfilling and water pooling — special damages must be specially pleaded and proved; general damages allowed and to be assessed — costs follow the event.
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15 February 2021 |
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Claimant's deviation from pleaded case and failure to prove it led to dismissal of negligence claim and costs against him.
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Motor-vehicle negligence; pleadings bind parties; variance between pleadings and evidence fatal to claim; burden of proof on balance of probabilities; contributory negligence by sudden road entry.
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15 February 2021 |
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Whether the driver’s negligence caused death and whether the insurer is liable despite an unpleaded policy exclusion.
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Road-traffic negligence — driver’s duty of care — employer/insurer liability — insurance policy exclusions and pleading — admissibility of police reports.
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15 February 2021 |
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All property acquired during the marriage is matrimonial and, absent proof otherwise, is to be equally shared; mortgage redeemed first.
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Matrimonial property — presumption of joint ownership where no clear intention of separate ownership — equal sharing (50/50) where contributions cannot be quantified — mortgage-encumbered house to be redeemed by bank before distribution; valuation and sale of indivisible items; parties given first opportunity to buy out shares.
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11 February 2021 |
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Claim against insurer dismissed where claimant failed to prove existence of an insurance contract covering the vehicle.
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Insurance law — insurer’s liability — need for proof of contractual insurance cover — burden on claimant to establish existence of insurance — absence of contract defeats claim against insurer.
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8 February 2021 |
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Claimant failed to prove insurer’s contractual liability; claim against the insurer dismissed for lack of evidence.
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Motor vehicle accident; passenger damages; insurer liability; proof of insurance; contractual nexus required for insurer liability; claim dismissed for lack of evidence.
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8 February 2021 |
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Email service on a company without an agreement does not satisfy section 372; proper statutory service required before hearing in absence.
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Service of process — Service on corporate defendants — Section 372 Companies Act prescribes exclusive methods — Email service valid only by agreement — Compliance with Court (High Court) (Civil Procedure) Rules Order 8 r.18(a) and Order 16 r.7.
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8 February 2021 |
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Summary judgment refused where defendant’s plausible mistaken-identity defence creates a factual dispute requiring trial.
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Civil procedure — Summary judgment — Order 12 r25(2), r26 — Mistaken-identity defence — Factual dispute over driver’s identity — Summary judgment inappropriate — Matter to proceed to mediation/trial.
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8 February 2021 |
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Dispute over whether disputed parcel was customary land or private unregistered land; court found church held proprietary interest and dismissed trespass claim.
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Land law — classification of land (customary, public, private unregistered) — proof of title in unregistered land — validity and scope of 1971 conveyance — adverse possession/prescription — trespass — proper parties and public-law remedies.
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5 February 2021 |
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4 February 2021 |
| January 2021 |
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Court held the purported will invalid and, recognizing remarriage by repute, applied intestacy rules to distribute the estate.
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Probate — Validity of wills — Formal witnessing requirements (DEWIPA s6); Revocation by divorce and remarriage (DEWIPA s10); Recognition of marriage by repute/permanent cohabitation (Constitution s22(5); MDFRA s13); Intestacy and distribution to immediate family (DEWIPA s17); Criminal prohibition on unlawful dealing with estate (DEWIPA s84).
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29 January 2021 |
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26 January 2021 |
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25 January 2021 |
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Assessment of personal injury damages: K1.5M pain and suffering, K500k loss of amenities; special damages not proved.
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Road traffic personal injury — assessment of general damages — pain and suffering and loss of amenities — use of comparative awards and adjustment for currency value — disfigurement not awarded — special damages require proof of actual expenditure.
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22 January 2021 |
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Assessment of damages for a minor’s fractured tibia and fibula: K4,000,000 awarded; special damages not proved.
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Personal injury — road traffic accident — fractured tibia and fibula — assessment of non-pecuniary damages (pain and suffering, loss of amenities, disfigurement) — use of comparable awards and adjustment for currency devaluation — special damages must be specifically pleaded and proved — leave to appeal granted.
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22 January 2021 |
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Court awarded K3,000,000 for minor’s tibia fracture injuries; denied special damages for lack of proof.
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Road traffic accident — assessment of damages — fractured tibia and multiple bruises — general damages (pain and suffering, loss of amenities, disfigurement) — reliance on comparable awards and adjustment for currency devaluation — special damages require strict proof — costs to be taxed — leave to appeal granted.
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22 January 2021 |
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Assessment of damages for a minor’s above‑elbow amputation: K10,000,000 awarded for non‑pecuniary loss and costs.
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Personal injury — Amputation above the elbow; Assessment of damages — Non-pecuniary damages: pain and suffering, loss of amenities of life, disfigurement; Use of comparable awards and adjustment for currency devaluation; Minor claimant; Costs; Leave to appeal granted.
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22 January 2021 |
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22 January 2021 |
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Application to discharge interlocutory injunction dismissed where defendant’s non-compliance, prior contempt, and pending lease did not justify lifting injunction.
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Injunctions — application to discharge interlocutory injunction — competing land claims — pending lease application insufficient to dissolve injunction — clean hands doctrine — contempt and non-compliance material to equitable relief.
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15 January 2021 |