Results.
152 judgments found.
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| December 2024 |
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Whether a stay pending appeal should be granted where employer alleges appeal merits but cites financial incapacity.
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Labour law — stay of execution pending appeal — criteria for granting stay (prima facie merits, nugatory appeal, prejudice) — unfair dismissal — retrenchment — consultation — ultra vires ministerial action — financial incapacity not determinative.
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23 December 2024 |
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18 December 2024 |
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A defendant who refers a constitutional challenge becomes the claimant; the Attorney General remains a neutral constitutional advisor.
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Constitutional law
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Constitutional referrals — Whether Attorney General should be claimant where lower court certifies referral — Role of AG as neutral custodian of the Constitution
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Burden of proof — Presumption of constitutionality and onus on party challenging legislation
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Civil procedure — Order 19 CPR — Commencement and citation of constitutional proceedings — Party who moves the court should be claimant
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17 December 2024 |
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Unexplained division of matrimonial property set aside and remitted for rehearing due to lack of reasons and analysis.
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Matrimonial property distribution — duty to give reasons — assessment of contributions and parties' intentions — improper delegation to Registrar — remittal for rehearing.
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17 December 2024 |
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Section 96(1) does not make lodging a complaint and cyber‑inspector assessment a mandatory precondition to prosecuting offences under the Act.
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Electronic Transactions and Cyber Security Act — Section 96(1) — "may" versus "shall" — permissive complaint procedure — role and powers of cyber inspector — whether complaint/assessment is mandatory precondition to prosecution — effect of non‑compliance on validity of charges.
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17 December 2024 |
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Whether recognising foreign law degrees with lower entry standards violates constitutional equality and education standards; referral to the Chief Justice.
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Constitutional law — education standards — recognition of foreign qualifications — discrimination and equality (Sections 25, 13, 20) — NCHE and CLE powers — constitutional interpretation by registrars — Section 9(2) Courts Act referral to a panel of judges.
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6 December 2024 |
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Court granted a conditional stay pending appeal but required the respondent to pay 50% of each decretal award immediately.
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Industrial/Employment law — stay of execution pending appeal — onus on party seeking suspension — necessity for cogent evidence of impecuniosity or risk of appeal being rendered nugatory — balancing justice between parties — conditional stay by requiring substantial interim payments.
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3 December 2024 |
| November 2024 |
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Leave to appeal denied to avoid piecemeal, inchoate appeals and to expedite resolution of child custody and relocation issues.
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Appeal — leave to appeal — requirement under s.21 Supreme Court of Appeal Act; Inchoate appeals — prohibition on piecemeal appeals; Case management — expediency in child custody disputes; Jurisdiction — relocation application to Chief Resident Magistrate (Centre); Costs — each party to bear own costs.
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29 November 2024 |
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Appeal dismissed for inordinate delay and failure to prosecute; missing-file excuse was unsubstantiated hearsay.
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Civil procedure — dismissal for want of prosecution — Order III r.9 (record of appeal) — Practice Direction No 1 of 2010 (skeleton arguments) — missing court file allegation — hearsay — failure to prosecute — costs.
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29 November 2024 |
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Assistant Registrar recused from processing an admission petition after finding the petitioner’s grades may not meet constitutional and regulatory minimum education standards.
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Legal education — admission to practice — assessment and recognition of foreign law degrees — requirement that private and foreign qualifications meet standards not inferior to public universities — constitutional s.25(3)(b) and regulatory minimum standards — recusal where court officer forms prejudicial views.
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26 November 2024 |
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Whether a High Court may lift a stay after arbitration termination and grant leave to appeal with a stay pending appeal.
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Arbitration law — lifting stay of proceedings after arbitration termination — leave to appeal against interlocutory Ruling — stay pending appeal; procedural compliance with leave-to-appeal rules; commercial efficacy and overriding objective.
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26 November 2024 |
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High Court set aside magistrate’s judgment for lack of jurisdiction and ordered respondents to repay sums obtained; costs ordered against respondents’ counsel.
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Civil procedure — Jurisdiction of subordinate courts — Cause of action arising in another district — Proceedings and judgments without jurisdiction are null and void — High Court power to set aside subordinate court judgments — Third-party debt/attachment orders — Costs and remedies against counsel.
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21 November 2024 |
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Whether seized foreign currency should be forfeited where a businessperson hid funds and used a fake receipt, outweighing mitigating circumstances.
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Exchange control — Regulation 36(1) discretionary forfeiture of foreign currency — judicial exercise of discretion — aggravating factors (large sum, concealment, forged receipt, business person) v. mitigating factors (first offender, plea, alleged hardship) — precedents: Kamanga; Zheng Yan; Henry Kopa; Ashraf Bdallal El Ali — requirement to hear accused in opposition to forfeiture.
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20 November 2024 |
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High Court set aside arbitrarily imposed fines for forestry offences, requiring means test and reducing custodial sentences.
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Forestry offences — sentencing — fines and default imprisonment — mandatory means test — application of Fines (Conversions) Act — first offender principles — s340(1) Criminal Procedure and Evidence Code — supervisory confirmation review.
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19 November 2024 |
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6 November 2024 |
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Court escalated the 1981 compensation for the applicant's compulsorily acquired land to MK20,000,000 and denied aggravated damages.
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Land Acquisition Act (as in force at acquisition) — assessment of fair compensation — section 10 factors (consideration paid, improvements, appreciation) — valuation methodology and escalation of historic award — post-acquisition change of land use not to be used to increase historic compensation — aggravated/exemplary damages against State — requirements; loss-of-opportunity claim not entertained if unpleaded.
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5 November 2024 |
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Employer breached its redundancy policy and failed to meaningfully consult, rendering the dismissal unfair and attracting compensation.
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Employment law — redundancy and retrenchment — s.57(1) Employment Act — duty to consult where employer’s terms/policy require it — relevance of ILO Termination of Employment Convention No.158 and Ministry of Labour guidelines — procedural fairness, meaningful consultation and use of proper evidence — unfair dismissal and compensation.
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1 November 2024 |
| October 2024 |
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Summary judgment refused because disputed facts and legal issues exist on premises owner status and dog-handler negligence.
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Civil procedure — Summary judgment — Order 12 CPR — Realistic vs fanciful prospects; Premises liability — vicarious/statutory owner under Control and Diseases of Animals Act; Negligence of dog handler — triable issue; Failure to plead/support failure-to-warn allegation; Judgment on admission — requirements for written admissions.
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31 October 2024 |
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30 October 2024 |
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Court continued stay of execution pending appeal, dismissed disclosure application as otiose, and ordered parties to agree arrangements within 28 days.
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Civil procedure — stay of execution pending appeal — discretion guided by interests of justice; disclosure/production of financial documents — otiose and irrelevant where stay already granted; interlocutory directions to agree arrangements.
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30 October 2024 |
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Registrar rejected duplicate originating proceedings as an abuse of process and improper filing at the wrong registry.
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Registrar's power to reject documents — abuse of court process by duplicative filings (summons and judicial review) — improper forum/registry — Order 5 rules 10–13; Order 6 r9; Courts Act s3 and s6A(2).
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27 October 2024 |
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Incomplete investigations alone do not justify continued detention; bail granted where State fails to show likely interference or obstruction.
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Criminal procedure — pre-trial detention — 48-hour rule — arrest should ordinarily follow investigations; incomplete investigations do not automatically justify continued detention; bail may be granted where State fails to show likelihood of interference with witnesses or obstruction of investigations.
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27 October 2024 |
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Whether requiring NRB-issued registration as proof for voter registration unlawfully restricts the applicant's right to vote.
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Electoral law — Voter registration — Proof of eligibility — Section 12 Elections Act requiring NRB registration as proof — Franchise under section 77 Constitution — Interlocutory injunction — Separation of powers.
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25 October 2024 |
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Interpleader claim dismissed where claimant failed to follow Sheriff Act procedure and did not prove ownership of seized goods.
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Interpleader relief; section 11(a)(iii) Courts Act; Order 29 CPR scope; section 20 Sheriff’s Act (Sheriff interpleader summons); burden to prove ownership of goods seized in execution.
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25 October 2024 |
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Application to file supplementary skeleton arguments deferred to the full bench; copies to be supplied by deadline or dismissed.
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Civil procedure — interlocutory application for leave to file supplementary skeleton arguments — judicial discretion — timing and service of filings — appropriateness of single-member determination where appeal listed before full bench — procedural directions and automatic dismissal for non-compliance.
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24 October 2024 |
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The applicant (Attorney General) lacks standing to be joined where government shareholding is held through a separate corporate entity.
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Joinder of parties — Order 6 r 7 CPR — person "affected by a proceeding"; Company law — separate legal personality (Salomon) and shareholder standing; Contractual clauses — exclusive jurisdiction vs arbitration clause; Civil Procedure Rules — overriding objective and active case management; Judicial conduct — recusal of judge.
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22 October 2024 |
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Failure to consult senior employees before retrenchment amounted to unfair dismissal and an unfair labour practice.
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Employment law — retrenchment for operational requirements — duty to consult employees — fair and equitable procedure under s.61(2) Employment Act and s.31 Constitution — consultant-led functional review — adequacy of consultation; legitimate expectation from proposed contract change; severance versus gratuity/pension entitlements; interest on wrongfully withheld severance.
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22 October 2024 |
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Insurer subrogation succeeds where driver of BR 398 failed to give way, entitling recovery of MK15,390,000 plus interest and costs.
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Road traffic negligence — duty to give way at junction; proof by photographs and damage pattern; insurer’s right of subrogation to sue in insured’s name; discretion to admit late documents under frontloading rules; award of compound interest and costs.
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18 October 2024 |
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The court ceased jurisdiction after referral to arbitration and declined to entertain further applications.
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Arbitration law — Referral to arbitration cedes court jurisdiction — Court obliged to honour arbitration agreement; inability to hear matters once jurisdiction ceded; procedural delay attributable to counsel’s failure to appoint arbitrator.
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16 October 2024 |
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An appeal can be struck out for inordinate delay where the appellant fails to ensure timely preparation of the record of appeal.
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Civil procedure — Appeal — Want of prosecution — Delay in preparation of record of appeal — Duties of appellant and court under procedural rules — Inherent jurisdiction to strike out appeal — Suspension of enforcement vacated — Costs under s72 Labour Relations Act
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11 October 2024 |
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A summons signed by a firm rather than a named legal practitioner is a nullity and must be struck out.
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Civil procedure — signature requirements for originating processes — Order 5 r3 & Order 7 r1(h) CPR; Legal Education and Legal Practitioners Act — definition of 'legal practitioner' as natural person on the Roll; firm name not a legal practitioner; originating process signed by firm is nullity and incurable.
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11 October 2024 |
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Registrar rejects originating summons as procedurally defective, abusive, and brought by a claimant lacking standing.
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9 October 2024 |
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High Court found a substantive customary marriage despite statutory publication lapses and re‑ordered equitable distribution, directing executive action on MDFRA implementation.
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Family law — customary marriage formalities under MDFRA (ss.26–29) — effect of non‑compliance — recognition of marriage by substance and conduct; distribution of matrimonial property — principles of fairness, equitable/shared ownership and proof; jurisdiction of magistrate courts in customary divorce matters; state obligation to operationalize MDFRA registration regime.
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4 October 2024 |
| September 2024 |
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Applicant granted leave to appeal out of time; time enlarged seven days; no order for costs.
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Civil procedure — leave to appeal out of time — enlargement of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay.
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30 September 2024 |
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Applicant granted seven-day enlargement and leave to appeal out of time after showing good and substantial reasons and prima facie merit.
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Civil procedure — enlargement of time for appeal — leave to appeal out of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay — discretionary relief (NBS Bank Ltd v R.J. Hamdani)
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30 September 2024 |
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Application for permission to judicially review a disciplinary recommendation was dismissed as statute-barred under the Act.
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Judicial review — statutory limitation under section 96(3) LELPA — 30-day period mandatory and not extendable — permission refused as statute-barred; interim stay/injunction not granted as application dismissed.
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30 September 2024 |
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Summary judgment refused where triable disputes exist about authority, acknowledgment of assignment, and alleged fraud.
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Civil procedure — Summary judgment (Order 12 r.23–27 CPR 2017) — Assignment of proceeds as security — Agency and authority to bind third parties — Alleged fraud/inducement — Existence of triable factual disputes.
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23 September 2024 |
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An assessment of damages is part of the High Court's judgment and cannot be reheard by the same court; appeal and stay are the proper remedies.
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Civil procedure — assessment of damages — assessment by Registrar forms part of judgment — assessment cannot be reheard by same High Court — remedy is appeal (stay pending appeal), not rehearing; Order 2 r 3(f), Order 10 r 1; Order 31 r 17 limited to costs review; Third Party Debt proceedings.
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19 September 2024 |
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Court refused to forfeit a bonded motor vehicle for late passport surrender, applying substantial justice and not punishing counsel‑caused delay.
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Bail conditions — bonded property — forfeiture for non‑compliance; substantial justice over technicality; liability for counsel’s procedural failures; exercise of judicial leniency.
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17 September 2024 |
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Convicted murderer sentenced to 36 years after balancing premeditation and weapon-use aggravation against mitigation and procedural failures.
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Criminal law — Murder sentencing — section 321J pre-sentence submissions — mitigation and aggravation — premeditation and use of weapon — backdating sentence to date of arrest — caseflow management and counsel misconduct.
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16 September 2024 |
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Emails revised the payment schedule but did not waive the contract expiry; repossession under Clause 14.2 was lawful and claimant's claim dismissed.
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Contract — Hire-purchase — Variation and waiver of payment terms by conduct and correspondence — Waiver by estoppel vs election — Repossession under contractual clause after default — Requirement to plead alleged breach/fraud and prove loss.
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13 September 2024 |
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Interlocutory injunction perpetuated where dispute exists whether respondent exceeded power of sale and damages would be inadequate.
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Interlocutory injunctions — American Cyanamid principles — serious question to be tried; adequacy of damages — perishable and depreciating business assets; power of sale under power of attorney; preservation of status quo; defendant’s retention as party despite transfer/registration.
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5 September 2024 |
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Court refused to dismiss for want of prosecution and ordered mediation, citing court-attributable delay.
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Civil procedure — dismissal for want of prosecution — court’s inherent jurisdiction — undue delay partly caused by court’s failure to fix mediation date — order for mediation instead of dismissal; no order as to costs.
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3 September 2024 |
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Whether to discharge an interlocutory injunction and summarily dismiss a bank’s power-of-sale claim amid disputed loan figures and unregistered charges.
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Interlocutory injunctions — American Cyanamid test — serious question to be tried; adequacy of damages; balance of convenience. Power of sale — Registered Land Act — requirement to register subsequent charges; effect of failure to register. Equitable mortgage by deposit of title deeds. Duty to provide full statement of account and reconciliation. Summary disposal — no arguable case threshold
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3 September 2024 |
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Claimant in rent arrears; landlord’s seizure (distress) and sealing lawful; claimant’s tort and excess‑distress claims fail.
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Landlord and tenant — rent arrears — distress for rent — right to distrain by landlord or authorised officers without warrant — sealing of premises and re‑entry under lease — excess distress and damage — force majeure (COVID‑19) not available absent clause — false imprisonment and defamation not proved — counterclaim barred while distress subsists.
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3 September 2024 |
| August 2024 |
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Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
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Judicial review — Registrar's refusal to issue court documents — issuance as a judicial function requiring application of judicial mind — decisions of Registrar exercising judicial functions not amenable to judicial review — alternative remedy by appeal — exhaustion of remedies.
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12 August 2024 |
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Permission for judicial review refused because the Assistant Registrar’s act was judicial and appeal, not review, was the appropriate remedy.
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Judicial review — Registrar’s functions — Issuance/rejection of court processes as judicial acts — Amenability to judicial review vs appeal — Alternative remedy (appeal) required before review — Natural justice and ultra vires challenge to admission-to-bar decision.
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12 August 2024 |
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Permission to seek judicial review denied because the Registrar acted in a judicial capacity and an appeal, not review, was the appropriate remedy.
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Administrative law — judicial review — registrar’s issuance of court processes is a judicial function; decisions by a registrar exercising judicial power are not amenable to judicial review but to appeal; judicial review is a remedy of last resort where alternative remedies exist.
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12 August 2024 |
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Court set aside party executive’s candidate‑eligibility rules as ultra vires and violative of members’ constitutional political rights.
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Constitutional and party law — justiciability of intra‑party disputes — locus standi of party member — ultra vires acts by party executive — limitation of members’ political rights — Section 40 Constitution — Political Parties Act compliance.
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6 August 2024 |
| July 2024 |
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Claims of negligence and defamation against auditors over a confidential forensic report dismissed; no duty owed to the claimant.
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Auditor liability — duty of care limited to commissioning client; negligent misstatement — proximity and foreseeability; defamation — necessity of adoption and publication; confidentiality and court-ordered disclosure; compliance with ISRS 4400.
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31 July 2024 |