Results.
18 judgments found.
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| 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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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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Appeal struck out for inordinate delay where appellant failed to ensure preparation of the record of appeal.
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Civil Procedure
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Appeals from Industrial Relations Court — Striking out appeal for want of prosecution
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Record of Appeal — Duties of appellant and lower court to prepare record under Order XXXIII/Subordinate Court Rules
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Labour Law — Suspension of enforcement pending appeal — Vacatur where appeal is struck out for non‑prosecution
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11 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 |