Results.
19 judgments found.
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| February 2024 |
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Application to vacate stay dismissed for lack of SCA jurisdiction due to absence of a pending or contemplated appeal.
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Appellate jurisdiction — Order I Rule 18 SCA Rules — stay of execution — requirement of a pending or contemplated appeal — inchoate appeal — judicial review precedents not a jurisdictional cure.
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29 February 2024 |
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Employer did not breach statutory or common‑law duty; claimant failed to prove negligence and was himself negligent, claim dismissed with costs.
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Occupational safety — Employer's duty of care under Occupational Health, Safety and Welfare Act — Employee's reciprocal duty to take reasonable care — Proof of negligence on balance of probabilities — Contributory negligence and credibility findings.
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28 February 2024 |
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A party’s mere dissatisfaction with an arbitrator’s merits findings does not amount to misconduct warranting setting aside the award.
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Arbitration — setting aside award — misconduct standard — arbitrator’s procedural discretion — inspection of materials — merits disagreement not ground for removal of arbitrator.
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28 February 2024 |
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Court dismissed motion to restore stay where respondent failed to prosecute appeal and counsel cited no law, awarding costs to applicants.
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Civil procedure — stay of execution pending appeal — prolonged failure to prosecute appeal — court's power to set aside irregular steps (Rule 25(k)) — requirement to cite governing law in motions.
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27 February 2024 |
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Summary judgment was reversed and remitted where pleadings raised triable issues; defective and unnotified grounds were struck or expunged.
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Civil procedure — Summary judgment/judgment on admissions — Only appropriate where no defence and no triable issues on pleadings; Procedural compliance — obligation to file skeleton arguments, list of authorities and authorities — failure may justify denial of audience and refusal of extension; Appeals — Grounds of appeal must comply with form and notice requirements — defective grounds may be struck or expunged.
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27 February 2024 |
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Claimant awarded outstanding loan sums with interest; no cogent evidence of fraud; attachment of the family-home interest denied.
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Commercial law — loan recovery; alleged fraud in creation of surety charge — requirement of cogent evidence for fraud; distinction between default and breach; attachment of beneficial interest in family home; exemplary damages not available for contract default; garnishee as alternative remedy.
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24 February 2024 |
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Court continued interlocutory injunction restraining exercise of power of sale pending resolution of alleged fraudulent charge.
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Injunctions — interlocutory injunction — American Cyanamid principles — power of sale under Registered Land Act (ss.68,71) — alleged fraud/forgery in charges over estate property — adequacy of damages — uniqueness of land.
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22 February 2024 |
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Court assessed unfair dismissal compensation using current salary, reduced for partial contribution, and awarded severance with 50% payment condition for appeal.
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Labour Law
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Unfair Dismissal — Assessment of compensation under s63(4)–(5) Employment Act — Use of current salary to retain purchasing power
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Severance Allowance — Computation under First Schedule and s35(2) Employment Act — Basis of remuneration
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Appeal/Execution — Filing an appeal does not stay payment; leave to appeal subject to 50% payment pending appeal
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20 February 2024 |
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Court awarded one month’s pay per year, doubled for devaluation, and rejected unproven bonus claims.
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Employment law — Unfair dismissal — Assessment of compensation under s63(4) and (5) Employment Act — One month’s pay per completed year awarded — Claim for 2018 bonuses failed for lack of evidence — 100% uplift granted for currency devaluation and inflation.
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20 February 2024 |
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Applicant proved entitlement to withheld wages, leave, overtime and pension; court awarded principal plus interest totalling MK801,738.71.
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Employment law — withholding of wages and terminal benefits — entitlement to unpaid leave, overtime, wages and pension contributions; burden of proof on balance of probabilities where respondent absent; interest awardable on wrongfully withheld terminal dues (s.53 Employment (Amendment) Act 2010).
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20 February 2024 |
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Assessment of unfair dismissal compensation using current salary to preserve purchasing power; partial contribution reduces award; severance computed accordingly.
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Unfair dismissal — procedural fairness — denial of right to confront witnesses; Compensation under s.63(4)–(5) Employment Act; Use of current salary to preserve purchasing power; Partial employee contribution reduces award; Severance computation under First Schedule and s.35(2); Appeal does not stay award — 50% payment pending appeal.
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20 February 2024 |
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Court awards compensation and statutory severance using current salary, reduced for applicant’s partial contribution; appeal conditional on 50% payment.
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Employment law — unfair dismissal for procedural unfairness — assessment of compensation under s63(4) and (5) Employment Act — use of current salary to preserve purchasing power — partial contribution reduces discretionary award — statutory severance calculation (First Schedule, s35(2)) — appeal conditional on payment of 50% (no automatic stay).
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20 February 2024 |
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An applicant cannot obtain leave to appeal to the SCA on an interlocutory matter without certified lower-court refusal and procedural propriety.
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Civil procedure — Leave to appeal — Requirement to seek leave in the court below and to produce certified refusal before approaching appellate court — Interlocutory/non-final matters not appealable — Procedural propriety for litigants in person.
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19 February 2024 |
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Preservation order expired after 90 days; no forfeiture application was pending, so frozen accounts must be unfrozen.
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Financial Crimes Act s67(b) — preservation orders expire after 90 days unless a forfeiture application is pending; meaning of "application pending"; Courts Act s3(1) — issuance/placement of process; civil forfeiture prerequisites and necessity of predicate offence; unfreezing accounts where preservation order expired.
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15 February 2024 |
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Whether arbitration was waived and unfulfilled conditions precedent rendered the share purchase agreement unenforceable.
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Arbitration clause — waiver by filing defence; Rule in Turquand — apparent authority of managing director/sole shareholder; Conditions precedent — failure to fulfil renders share purchase agreement unenforceable; Share transfer — essential for completion; Costs follow event.
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15 February 2024 |
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A very late, extensive re-amendment was refused where it would unfairly prejudice the respondent and disrupt court resources.
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Civil procedure — amendment of pleadings — O.7 r.23 CPR 2017 — very late re‑amendment after closure — overriding objective and case management — prejudice not compensable by costs — reintroduction of issues disposed at mediation.
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12 February 2024 |
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Summary judgment refused due to genuine disputes over repayment, interest, and entitlement to punitive damages.
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Summary judgment — Genuine dispute of fact — Repayment of guaranteed funds — Assessment of interest and loss — Punitive damages in contract require proof of deliberate tortious conduct — Mediation or trial required.
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12 February 2024 |
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Summary judgment granted for a written MK10,000,000 loan; defendant’s illegality and repayment defences found unarguable.
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Contract law — written loan agreement — existence and enforceability; summary disposal under procedural rules; illegality defence and Financial Services Act; unconscionability and bargaining power; estoppel and proof of repayment.
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6 February 2024 |
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1 February 2024 |