Results.
378 judgments found.
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| December 2022 |
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Assessment of severe leg injuries: court awarded K29,000,000 (less prior K7,750,000), balance K21,250,000 payable in 45 days.
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Personal injury — Assessment of damages — Pain and suffering, loss of amenities, disfigurement, loss of future earning capacity, nursing care — Hearsay inadmissibility of medical reports not tendered by authors — Use of pictorial evidence and court observation — Multiplicand/multiplier method for future loss — Restitutio in integrum and proportionality.
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24 December 2022 |
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Convictions quashed where prosecution relied on uncorroborated accomplice evidence and improperly authenticated call‑logs.
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Criminal law — Dangerous drugs (possession and attempted export) — accomplice evidence and requirement for corroboration — admissibility of co‑accused caution statements as witness evidence under s.175 — computer‑generated call logs and witness competence/authentication.
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23 December 2022 |
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Appeal dismissed for non‑compliant, vague grounds of appeal; procedural rules breach precluded hearing merits.
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Civil procedure — Appellate practice — Order III, rule 2 — Grounds of appeal must be concise, precise and indicate whether based on law or fact — Vague or argumentative grounds may be struck out
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Procedure — Non‑compliance with appeal rules constitutes want of due prosecution and may result in dismissal
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Discretion — Court may waive non‑compliance only in exceptional circumstances and in interests of justice
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20 December 2022 |
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Court reduced taxed costs from MK255.7m to MK70.9m; required evidential support, proportionality, and awarded instruction fee to the NGO.
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Civil procedure — Taxation of costs — Order 31 CPR — standard basis: reasonableness and proportionality; evidence required for fee earners and timesheets; instruction fees payable to instructed firm; expert fees require receipts/agreements; review where taxing officer erred or was unreasonable.
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20 December 2022 |
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Whether shareholders’ resolutions cured JVA breaches and minority shareholders’ rights (including dividend distribution) must be protected.
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Company law — Joint Venture Agreement — equity contributions and subscription mechanics — shareholder/board resolution effect; Corporate governance — protection of minority shareholders; Civil procedure — amendment of pleadings after close of case; Evidence/admissibility — role of independent equity verification reports (PWC) and limits on re‑opening judgments; Companies Act — orders affecting share register and dividends; Remedies — accounting, restitution and restoration of shareholding ratios.
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14 December 2022 |
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The claimant vacated an ex parte suspension after defendants failed to draw or serve the formal order.
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Judicial review — ex parte suspension of enforcement — failure to draw up and serve formal order — Order 23 Rule 2(3)(a) — service by WhatsApp insufficient — bad faith — overriding objective and equal footing — application to vacate granted.
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9 December 2022 |
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9 December 2022 |
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Whether a statutory law society may curtail members' freedom of association requires full trial and constitutional certification.
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Constitutional law — freedom of association of lawyers — declaratory relief — suitability for summary disposal; Professional regulation — scope of regulator’s powers over members; Competition law — alleged monopoly by specialist bar associations; In-house lawyers — entitlement to perform restricted legal work under section 31(1).
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8 December 2022 |
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Application for summary declaratory relief to restrict lawyers' association rights declined; constitutional issues referred to multi-judge panel.
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Administrative law and professional regulation — Declaratory relief — Freedom of association — Whether a statutory law society may curtail members' association rights — Summary disposal standard — real prospect of defence — Competition law and restricted legal work issues.
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8 December 2022 |
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Court refused summary declarations to restrict lawyers' association rights, referring constitutional questions to a multi-judge panel.
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Constitutional law — freedom of association of lawyers — limits by regulatory law society; declaratory relief — justiciability; summary disposal — real prospect of defence required; in-house lawyers and restricted legal work; competition concerns in specialist legal associations.
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8 December 2022 |
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Court confirmed defilement conviction and increased sentence to 40 years due to breach of trust, threats, and HIV transmission.
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Criminal law — Defilement: elements and proof; identification evidence; medical corroboration not essential but supportive; sentencing — aggravating factors (breach of trust, threats, HIV transmission) justify substantial enhancement.
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6 December 2022 |
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Conviction for defilement upheld and sentence enhanced to 40 years due to serious aggravating factors.
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Criminal law — Defilement (s.138(1) Penal Code) — sufficiency of evidence and corroboration of child’s testimony — medical evidence not indispensable — sentencing enhancement — aggravating factors (young victim, planning, force, psychological harm) outweighing first‑offender mitigation.
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6 December 2022 |
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Court enhanced aggravated robbery sentence to 12 years, finding limited mitigation against serious, violent, planned robbery.
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Criminal law — Aggravated robbery — Sentence enhancement — Mitigating and aggravating factors — First offender and youth mitigation limits — Group robbery and use of weapon — Section 301(2) Penal Code (life imprisonment) — Sentencing discretion and precedents.
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6 December 2022 |
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Aggravated robbery sentence increased to 12 years due to violence, planning, group offending despite mitigation.
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Criminal law — Aggravated robbery — Sentence enhancement — Use of dangerous weapon and violence — Group and planned offence — Mitigating factors (first offender, personal circumstances) limited — Section 301(2) Penal Code — sentencing discretion and precedents.
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6 December 2022 |
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Court confirmed armed robbery conviction, found identification reliable, and increased the respondent’s sentence to 12 years.
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Criminal law — Armed robbery — Identification evidence — Turnbull guidelines — Caution statement — Sentence enhancement — Use of weapon — Mitigation and aggravation factors
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6 December 2022 |
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Conviction for two robberies upheld; court increased sentence to 12 years per count, balancing aggravating and mitigating factors.
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Criminal law — Robbery — identification in broad daylight, possession of stolen property — sentencing: aggravating factors (violence, planning, commission in company, violation of victim) vs mitigation (youth, first offender) — appropriate term of imprisonment.
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6 December 2022 |
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Court enhanced sentence to 30 years for defilement of a 13‑year‑old, emphasizing serious aggravating factors.
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Criminal law — Defilement (section 139 Penal Code) — Conviction on plea and admission of facts — Sentencing — Enhancement of sentence — Aggravating factors: repeated assault, infection with STI, breach of trust, victim's tender age — Mitigating factors: youth, first offender, guilty plea.
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6 December 2022 |
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Court confirmed robbery and rape convictions against the respondent; identification, confession and non-consent were decisive.
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Criminal law — Robbery — use of a panga and identification evidence; Rape — non-consensual intercourse, medical corroboration and admissions; Identification evidence and Turnbull guidelines; Sentencing — appropriate terms and concurrent sentences.
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6 December 2022 |
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Court confirmed the respondent's convictions for robbery and rape, finding identification and admissions sufficient and imposing concurrent sentences.
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Criminal law — Robbery: identification and corroboration by recovery of weapon; Rape: consent, medical evidence and accused's admissions as corroboration; Sentencing: aggravating factors, first offender and concurrent sentences.
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6 December 2022 |
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Court confirmed robbery convictions, upheld identification evidence, and enhanced custodial sentence to concurrent terms.
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Robbery — identification evidence — Turnbull guidelines — confirmation of conviction — sentencing: aggravating factors (mask, group, violence, planning) outweighing youth and first-offender mitigation — sentence enhancement to concurrent terms.
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6 December 2022 |
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Proceedings stayed because amici curiae were admitted without mandatory service and hearing of the Attorney General.
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Constitutional procedure — admission of amici curiae — mandatory service on Attorney General (Order 19 r8) — procedural irregularity; Supreme Court single‑judge jurisdiction (s.7 SCA Act; Order 1 r18); inherent jurisdiction to stay to prevent appeal becoming nugatory.
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2 December 2022 |
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Non‑therapeutic circumcisions of minors without valid parental/guardian consent constituted battery, breach of duty and violated bodily integrity.
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2 December 2022 |
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Proceedings were prejudiced by magistrate conduct amounting to bias and re‑victimization, requiring retrial, victim support and disciplinary/systemic reforms.
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Criminal procedure — judicial conduct and impartiality — secondary victimization in sexual‑offence trials — gender stereotyping — retrial ordered; referral to Judicial Service Commission; victim support ordered.
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1 December 2022 |
| November 2022 |
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Court granted injunctions, demolition and damages where defendant’s predecessor unlawfully encroached public road and claimant’s land.
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Property law — Encroachment on road reserve and adjoining private land — locus standi to sue where private injury shown — public land not susceptible to acquisition by prescription — mandatory and prohibitory injunctions and damages awarded.
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30 November 2022 |
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The court refused the applicant's interlocutory injunction, preserving the respondent's possession pending final determination.
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Interlocutory injunctions — land disputes — adequacy of damages — status quo — balance of convenience — delay and long-standing possession.
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24 November 2022 |
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Registrar recused and referred the enforcement application to the judge after counsel's intimidating, unprofessional conduct raised an appearance of bias.
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Recusal — Registrar's referral to judge under Order 25 CPR 17 — Objective test for appearance of bias — Counsel's professional conduct and duty to court — Judicial independence and administrative authority of Registrar.
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21 November 2022 |
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Adoption denied where unsanctioned payments and improper procurement of consent compromised the child’s best interests.
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Adoption law — consent and capacity — role of Guardian‑ad‑Litem — prohibition on payments and court sanction — best interests of the child — intercountry adoption safeguards — foreign residence and supervised placement.
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18 November 2022 |
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Claimant's failure to comply with Registrar's order led to automatic dismissal for want of prosecution; no costs awarded.
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Civil procedure — want of prosecution — failure to comply with Registrar's directions — automatic dismissal for inexcusable delay — costs discretion.
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16 November 2022 |
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Prosecution evidence was insufficient and unreliable to require the accused to enter a defence; accused acquitted.
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Criminal law — no-case-to-answer — sufficiency of prosecution evidence — hearsay and inconsistent witness testimony — unmarked exhibits — failure to establish circumstantial link to crime.
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16 November 2022 |
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Adoption refused: doubts about informed consent, petitioner’s credibility, inadequate in‑country bonding, and lack of statutory/international safeguards.
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Adoption law — Best interests of the child; consent to adoption and revocation; residence and in‑country bonding requirements for foreign adopters; duties and centrality of the Guardian‑ad‑Litem; single male applicants and 'special circumstances'; interim orders and need for Hague Convention safeguards.
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11 November 2022 |
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Court refused to re-enter an appeal dismissed for non-attendance, finding no jurisdiction or sufficient cause.
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Civil procedure — non-appearance — Order III rule 21(2) (re-entry applies to struck out appeals only) — insufficient cause for non-attendance — inherent jurisdiction — functus officio — delay and prejudice.
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10 November 2022 |
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Application to re-enter an appeal dismissed for non-attendance refused: court lacked jurisdiction, dismissal rendered it functus officio, and appellant showed undue delay.
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Civil procedure — Appeal dismissed for non-appearance — Order III r.21(2) permits re-entry for struck-out appeals but not dismissed appeals; inherent jurisdiction limited; dismissal renders court functus officio; insufficient cause where counsel’s explanation is inconsistent; prior delay and lack of diligence relevant to discretion.
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10 November 2022 |
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Court dismissed application to re-enter an appeal; dismissal for non-appearance cannot be revived and no sufficient cause was shown.
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Civil procedure — dismissal for non-appearance — Order III r.21(2) — re-entry of appeal — sufficiency of cause — inherent jurisdiction — functus officio — delay and lack of diligence.
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10 November 2022 |
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A counsel's affidavit containing factual evidence and legal argument is improper; extension of time for judicial review denied.
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Procedure and professional ethics — Counsel swearing affidavits — Factual evidence, legal opinion and argument in counsel's sworn statement — Cross-examination risk — Extension of time for judicial review refused.
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7 November 2022 |
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A counsel-sworn affidavit containing facts and legal opinion was improper; the applicant's extension for judicial review was refused.
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Civil procedure — Affidavits by counsel — Counsel as deponent and potential witness; risk of cross-examination and conflict — Affidavits should not contain primary factual assertions, personal legal opinions or argument — Judicial review — extension of time.
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7 November 2022 |
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Application to vary preservation order for living and legal expenses dismissed for failure to prove need and inadequate disclosure.
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Financial Crimes Act — preservation orders — variation for reasonable living and legal expenses — statutory criteria under ss.70–71 — disclosure on oath — admissibility and weight of FIA financial analysis and bank statements — balancing preservation against hardship.
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3 November 2022 |
| October 2022 |
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An oral stay of the recusal ruling was disallowed for procedural non-compliance, prematurity, lack of merits, and counsel misconduct.
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Civil procedure — stay pending appeal — oral application — Order 10 r.9 CPR; Inherent jurisdiction — limited role where statute governs; Leave to appeal required for judgments in chambers (s.21 SCA Act); Duty of candour — counsel misconduct; Costs awarded.
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31 October 2022 |
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A dependant suing (not as executor) is limited to Part I damages; court uses minimum-wage multiplicand and Treasury Note discount rates.
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Statute Law (Miscellaneous Provisions) Act — Part I survival actions — loss of dependency; claimant not executor limited to Part I remedies; assessment of dependency damages — multiplicand from minimum wage where earnings unproved; split pre-trial/post-trial losses; use of Malawi Treasury Note yields as discount rate.
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31 October 2022 |
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Court held instruction fee payable once proceedings commenced, reduced fee and ordered revised costs payable within 14 days.
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Costs — Instruction fee — Order 31 Rule 10 — Entitlement to instruction fee once proceedings commence in High Court even if no trial — Court's discretion to reduce quantum of fee.
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30 October 2022 |
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Judicial review permission denied where statutory appeal to the Police Service Commission remained unexhausted; demotions upheld for now.
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Administrative law — judicial review — permission stage — requirement to exhaust statutory alternative remedies (appeal to Police Service Commission) — timeliness within three months — proper naming of statutory disciplinary bodies — demotion as review decision by National Police Disciplinary Committee.
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28 October 2022 |
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Applicant failed to show exceptional circumstances for bail pending appeal based on alleged conflicting authorities on licence burden.
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Bail pending appeal — exceptional circumstances required — applicant must show likelihood of success on appeal.
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26 October 2022 |
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Court refused stay pending appeal, holding the appeal interlocutory and case-management matters belong to the trial court.
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Civil procedure — Stay pending appeal — Interlocutory (inchoate) appeals — Case management and discretionary powers of trial court — Amendments after trial — Reluctance of appellate court to interfere.
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26 October 2022 |
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A properly executed release discharges further claims and estops the releasor unless set aside for fraud or misrepresentation.
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Civil procedure — Release and Discharge Agreement — Binding effect of a properly executed release — Estoppel by release — Relief to set aside a release requires strong evidence of fraud, misrepresentation or mutual mistake; illiteracy or private negotiations without counsel insufficient without clear proof.
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25 October 2022 |
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Court granted extension to file for judicial review, finding no prejudice or inordinate delay, deferring statutory time‑bar issues to substantive hearing.
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Civil procedure — extension of time to seek judicial review — discretionary power under Order 19 r.20(6) — considerations: prejudice to respondent/public, detriment to good administration, and reasonableness of delay; Tax law — limitation/sunset clause (s.125 Taxation Act) raised but not decided at extension stage.
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24 October 2022 |
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Assessment of pension and accrued leave after default judgment; uncontroverted evidence and statutory rules determine compensation.
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Industrial Relations Court — assessment of compensation after default judgment — uncontroverted evidence due to respondent's non‑attendance — pension contributions (Pensions Act 2011, 10% employer minimum) — accrued leave pay — just and equitable compensation (Employment Act s63) — currency devaluation adjustment — costs awarded.
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18 October 2022 |
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Whether dismissal for alleged intoxication at work was substantively and procedurally fair under section 57 of the Employment Act.
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Employment law — unfair dismissal — section 57 (valid reason and substantive fairness) — disciplinary procedure — disciplinary hearings not courts — availability of accusers for cross‑examination only on request — employer’s duty to give reasons arises during disciplinary proceedings — trial may proceed in absence of a party — forum jurisdiction and costs.
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13 October 2022 |
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Dismissal for alleged drunkenness upheld; disciplinary process found substantively and procedurally fair; appeal dismissed, costs awarded.
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Employment law — unfair dismissal — disciplinary hearing — consuming alcohol on duty — substantive and procedural fairness — section 57 and section 62 Employment Act — right to cross-examine accusers — court proceeding in absentia.
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13 October 2022 |
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Court awarded 10% of the judgment plus assessed disbursements, refusing refresher fees for lack of evidence of three‑hour sittings.
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Costs — assessment under Subordinate Court Rules Order XXX r 2 and Second Schedule — 10% of judgment debt awarded — refresher fees require continuous court seating of three hours or more and proof — additional heads allowed: attendance, service, disbursements, secretarial, stationery — total assessed MK3,772,260.76.
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12 October 2022 |
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Assessment of quantum for unfair dismissal: salary base, mitigation, pension and severance, with a 50% devaluation uplift.
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Labour law — assessment of damages for unfair dismissal — appropriate salary base (statutory salary vs overtime) — mitigation of loss — entitlement to statutory employer pension contributions — severance pay calculation — adjustment for currency devaluation — inadmissibility of unpleaded heads of damage.
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10 October 2022 |
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Failure to attend court-ordered mediation justified dismissal; appellate interference requires proof of abuse of discretion.
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Civil procedure — Mediation — Order 13 r.6 of the Courts (High Court) (Civil Procedure) Rules 2017 — Dismissal for failure to attend mediation — Judicial discretion in case management — Appellate interference only for abuse of discretion; appellate grounds must comply with Order 111 r.2.
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6 October 2022 |