Results.
162 judgments found.
|
|
|
| September 2024 |
|
|
Interlocutory injunction perpetuated where dispute exists whether respondent exceeded power of sale and damages would be inadequate.
-
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.
|
5 September 2024 |
|
Court refused to dismiss for want of prosecution and ordered mediation, citing court-attributable delay.
-
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.
|
3 September 2024 |
|
Whether to discharge an interlocutory injunction and summarily dismiss a bank’s power-of-sale claim amid disputed loan figures and unregistered charges.
-
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
|
3 September 2024 |
|
Claimant in rent arrears; landlord’s seizure (distress) and sealing lawful; claimant’s tort and excess‑distress claims fail.
-
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.
|
3 September 2024 |
| August 2024 |
|
|
Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
-
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.
|
12 August 2024 |
|
Permission for judicial review refused because the Assistant Registrar’s act was judicial and appeal, not review, was the appropriate remedy.
-
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.
|
12 August 2024 |
|
Permission to seek judicial review denied because the Registrar acted in a judicial capacity and an appeal, not review, was the appropriate remedy.
-
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.
|
12 August 2024 |
|
Court set aside party executive’s candidate‑eligibility rules as ultra vires and violative of members’ constitutional political rights.
-
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.
|
6 August 2024 |
| July 2024 |
|
|
Claims of negligence and defamation against auditors over a confidential forensic report dismissed; no duty owed to the claimant.
-
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.
|
31 July 2024 |
|
Court refused immediate release but ordered alternatives, a 30‑day deportation ceiling, non‑detention of children and reporting by the State.
-
Immigration law — detention limits under Immigration Act s.14(1) and Regulations (Reg.14(3)) — constitutional right to liberty — reasonable 30‑day ceiling pending deportation — alternatives to prison (temporary permits, bond, non‑prison facilities, self‑repatriation) — non‑detention of children — structural interdict and court oversight of implementation.
|
29 July 2024 |
|
Applicants detained beyond the 90-day pretrial limit for murder; court found detention unlawful and ordered conditional release on bail.
-
Constitutional right to challenge detention (s42) — pre-trial custody limit for murder (s161G CP & EC) — power to grant bail after expiry of custody time limit (s161I CP & EC) — unlawful detention — release on bail with conditions.
|
29 July 2024 |
|
|
29 July 2024 |
|
Removal of a village headman without being heard breached natural justice and was quashed.
-
Administrative law — Judicial review — Procedural fairness and natural justice; section 43 Constitution (administrative justice); Chiefs Act s.9 — appointment/removal of village headmen; interpretation of administrative circular; Wednesbury unreasonableness; remedy — certiorari and costs.
|
26 July 2024 |
|
Convictions upheld; enhanced sentences set aside because the appellant was not given notice or a hearing before enhancement.
-
Criminal law — Defilement and child trafficking — Convictions upheld; Sentence enhancement — appellate increase set aside for failure to afford audi alteram partem — Right to be heard before adverse sentencing order — Late filing of skeleton arguments allowed as exception — State nonattendance at apex court criticized.
|
23 July 2024 |
|
Consent judgment ordering defendants to pay claimant, third party to refund failed forward-exchange proceeds, and State to ensure funding.
-
Civil procedure — Consent judgment — Settlement enforcement; Commercial/contract law — refund for total failure of consideration under modified forward exchange contract; Escrow/escrow-account directions — joint control, restricted release and priority of disbursement; State involvement — direction to ensure funding to satisfy judgment.
|
22 July 2024 |
|
Default judgment for terminal benefits is not taxable; collection costs payable but without interest, Registrar to assess.
-
Taxation of judgment debts — terminal/post-employment benefits — characterization of monthly payments as net versus gross — prohibition on double taxation — collection costs payable but no interest — Registrar to assess collection costs.
|
22 July 2024 |
|
Failure to inform an unrepresented accused of statutory defences in defilement proceedings vitiates the conviction and mandates retrial.
-
Criminal procedure — Plea of guilty — s251(2) CP&EC — requirement to ascertain accused understands nature and consequences of plea; Criminal law — Defilement — s138 Penal Code — statutory defences (age-difference/consent) — duty of trial court to explain defences to unrepresented accused; Fair trial — omission to inform of defences vitiates conviction — conviction reversed and retrial ordered.
|
21 July 2024 |
|
Failure to comply with scheduling conference directions justified striking out the 1st defendant’s defence and dismissing its counterclaim.
-
Civil procedure — scheduling conference directions — mandatory compliance with Order 14 — effect of non-compliance (Order 14 r.5) — striking out defence and dismissal of counterclaim as sanction — section 47 General Interpretation Act inapplicable to court directions — good cause required to avoid sanctions.
|
17 July 2024 |
|
The claimant cannot sue defendants to set aside a consent judgment for alleged former-counsel misconduct; action dismissed with prejudice.
-
Civil procedure — Consent orders — Setting aside consent judgment — Grounds required: mistake/fraud or material/supervening change — Pleading particularity — Misconduct by former counsel is remedy against counsel, not basis against opposing parties — Frivolous/vexatious actions and abuse of process — Dismissal with prejudice and costs.
|
17 July 2024 |
|
Attempt to set aside a consent judgment dismissed as frivolous; claimant should sue former lawyers or enforce the order.
-
Civil procedure — setting aside consent orders — requirement to plead mistake, misrepresentation or material supervening change — abuse of process — remedy against former lawyers or by enforcing consent judgment.
|
17 July 2024 |
|
Action to set aside a consent order dismissed as disclosing no reasonable cause and an abuse of court process.
-
Civil procedure — setting aside consent orders — necessity to plead and particularise mistake, misrepresentation or material supervening event; remedies against former lawyers versus setting aside consent judgment; dismissal for frivolous, vexatious or abusive proceedings.
|
17 July 2024 |
|
Claimant failed to prove ownership or arbitrary appropriation; land was likely acquired via community consent and compensated, claim dismissed with costs.
-
Property law — proof of ownership and representative capacity — arbitrary appropriation of land — customary land acquisition procedures and compensation — evidential burden and failure to call material witness.
|
17 July 2024 |
|
Applicant proved false imprisonment and defamation by the retailer and assault by police, entitling her to damages.
-
False imprisonment; assault and battery; defamation; shop detention; police misconduct; damages; civil burden and balance of probabilities.
|
16 July 2024 |
|
Limitation Act does not apply to customary land without proving local customary law; succession governed by Deceased Estates Act.
-
Customary land — Limitation Act inapplicable without proof of local customary rules; succession to customary land governed by Deceased Estates (Wills, Inheritance and Protection) Act; allocation and long possession as evidence of customary ownership.
|
15 July 2024 |
|
Driver negligent; claimant partly contributorily negligent; liability apportioned 60% defendants, 40% claimant; insurer limited by policy.
-
Road traffic negligence — duty of care and lookout — narrow road and large vehicle — contributory negligence — apportionment 60/40 — vicarious liability of owner — insurer liability subject to policy limit (includes party-and-party costs).
|
15 July 2024 |
|
Court held statute (Insolvency Act) prevails over CPR; receiver appointment required notice, so enforcement suspended.
-
Appointment of receiver — Order 28 r.29 & r.30 CPR — s.78(1) Insolvency Act — conflict between statute and subsidiary rules — requirement of notice to company — service of statutory demand — procedural compliance with sworn statements — s.79 notification by receiver.
|
5 July 2024 |
| June 2024 |
|
|
Court upheld Penal Code provisions criminalising certain same-sex sexual conduct and dismissed constitutionality challenges.
-
Constitutional law — Criminal law — Sections 153(a), 154, 156 Penal Code — Whether offences criminalising "carnal knowledge against the order of nature", attempts and male-on-male gross indecency violate rights to equality, privacy, dignity, personal liberty and fair trial — Interpretation of the Constitution — Scope of right to privacy — Presumption of constitutionality — Locus standi — Referral procedure for constitutional questions.
|
28 June 2024 |
|
Bail granted where the State failed to prove incomplete investigations or likelihood of witness intimidation justified continued detention.
-
Criminal procedure — Bail and release pending investigation — Constitutional right to release with or without bail (s.42) — State’s burden to show interests of justice — Incomplete investigations not, by themselves, a ground to deny bail — 48‑hour rule and police subject to court direction.
|
26 June 2024 |
|
Employee unfairly dismissed due to procedural bias and defective charges; awarded compensation, severance and notice pay.
-
Employment law — Unfair dismissal — Procedural fairness and natural justice — Investigator sitting on disciplinary panel (bias) — Insufficient particulars in charges — Employer’s burden to prove valid reason and act with justice and equity — Compensation and severance calculations — Bonus eligibility.
|
24 June 2024 |
|
A late application for security for costs was dismissed where claimant rebutted jurisdictional and asset concerns and delay made the order oppressive.
-
Security for costs — Order 32 CPR — residence and central management — assets and enforceability of costs — delay in bringing application — prospects of success — oppressive/stifling effect.
|
19 June 2024 |
|
No prima facie case: causation and trafficking (abuse of law/purpose) not proved; confessions limited in weight.
-
Criminal law — Prima facie case — Manslaughter (unlawful act/gross negligence) — Causation — Admissibility and weight of caution statements (s.176 CP&EC) — Trafficking in persons — Elements: act, means ("abuse of law"), purpose (exploitation) — Circumstantial evidence and identification parade reliability.
|
19 June 2024 |
|
Stay of execution upheld where registry-caused appeal delay and respondent’s concealment of related conviction negated discharge.
-
Forfeiture and stay of execution — application to discharge stay for alleged inordinate delay — duty of Registrar/Registry to prepare record of appeal — shortcomings in record not attributable to appellant — concealment of parallel money-laundering conviction involving same seized funds — discretion to refuse relief and award costs.
|
19 June 2024 |
|
Application for permission to apply for judicial review dismissed for failing to follow the correct procedural provisions.
-
Civil procedure — Judicial review — Procedure for seeking permission after High Court refusal — Supreme Court of Appeal Act s.8 and CPR 1998 Part 52.15 govern practice — Incorrect reliance on SCA s.7, Order II, or High Court Order 19 rules — Procedural incompetence warrants dismissal; interlocutory relief falls away.
|
14 June 2024 |
|
Whether a spouse’s omission to obtain urgent care plus toxicology and circumstantial evidence establish murder.
-
Criminal law — Murder: elements (death, unlawful act/omission, malice aforethought) — Circumstantial evidence and last-seen doctrine — Post-mortem toxicology and algor mortis — Omission by spouse to obtain urgent care as actus reus/mens rea — Admissibility/weight of caution statement.
|
6 June 2024 |
|
The claimant, a public‑servant officer, successfully challenged as unlawful the President’s appointment of an outsider above retirement age to head Immigration.
-
Administrative law — Judicial review — Locus standi — Appointment law — Immigration Act (s.3) v Public Service Act — Appointment must be from public service — Mandatory retirement (Public Service Act s.29) — Re‑engagement circular insufficient — Justiciability of statutory appointments.
|
6 June 2024 |
| May 2024 |
|
|
DPP discontinuance under constitutional and procedural provisions led to immediate discharge, release from bail, and potential re-prosecution within six months.
-
Constitutional law — Director of Public Prosecutions' power to discontinue prosecutions (s99(2)(c)) — Criminal procedure (s77(1)(a)) — Effect of discontinuance: immediate discharge and release from bail — Non-bar to re-prosecution within six months — Duty to provide reasons to Legal Affairs Committee (s99(3)).
|
6 May 2024 |
|
Dismissal for negligently authorising suspect cheques and poor supervision was substantively and procedurally fair.
-
Employment law — unfair dismissal; supervisory duty and record-keeping in banking; negligence/recklessness in authorising cheques; procedural fairness in disciplinary hearings; discrimination and proportionality of dismissal.
|
3 May 2024 |
|
Appeal dismissed for lack of mandatory leave and lateness; review misuse condemned and stays discharged for prompt prosecution.
-
Criminal procedure — Appeals from High Court in criminal review — Mandatory requirement for leave under section 11(2) — Time limits for notice of appeal under section 17(1) — Misuse of review as substitute for appeal — Stays discharged and case remitted for directions.
|
2 May 2024 |
| April 2024 |
|
|
Whether claimant proved title to the plot and whether the purchaser was a bona fide purchaser without notice.
-
Property law — proof of title: municipal offer/receipt and council confirmation as evidence; nemo dat principle; bona fide purchaser for value without notice — duty of due diligence and requirements; authentication of registry extracts and secondary documents.
|
24 April 2024 |
|
Intervenor’s request to stay and set aside a bail-forfeiture order dismissed; appeal and ordinary proceedings are the proper remedies.
-
Criminal procedure — Forfeiture of property deposited as bail security — Section 121 Criminal Procedure and Evidence Code; Stay of execution — High Court jurisdiction and final orders; Inherent jurisdiction — sparing invocation where appeal available; Financial Crimes Act — Preservation order notices (section 66) not applicable to bail forfeiture; Matrimonial property claims — rights enforceable by appropriate proceedings or appeal.
|
23 April 2024 |
|
Court awarded MK6,000,000 compensatory damages for defamation but declined exemplary damages for lack of malicious publication.
-
Defamation — libel for alleged robbery; compensatory damages awarded MK6,000,000 — exemplary damages refused for lack of malicious/guilty knowledge; claimant failed to prove pecuniary loss; damages must be pleaded and proved (Order 7 r.21); courts must balance reputation remedies with press freedom; UK personal-injury comparator not adopted.
|
19 April 2024 |
|
An admitted legal practitioner on the Roll must hold a valid practising licence to appear, and the abuse-of-office charge was time-barred under s302A.
-
Criminal procedure — Public prosecutors: distinction between "legally qualified" and "entitled to practice"; practising licence mandatory for admitted legal practitioners; LELPA s30(4). — Time limits: s302A CP&EC mandates commencement/completion timelines; failure to commence trial within 12 months discharges accused. — Pre-trial dismissal: summary dismissal of criminal charges is exceptional; insufficiency of evidence ordinarily tested after prosecution case.
|
19 April 2024 |
|
An informal union cannot be dissolved by divorce; the applicant must seek declaration of marriage by repute and ancillary reliefs.
-
Constitutional recognition of informal unions; Marriage, Divorce and Family Relations Act ss.12–13; marriage by repute/permanent cohabitation; declaratory jurisdiction to determine existence; ancillary reliefs (custody, maintenance, property) available after court finds such union; divorce proceedings inappropriate to dissolve non-formal unions.
|
18 April 2024 |
|
Marriages by repute cannot be dissolved via divorce petitions; seek declaratory finding and ancillary orders instead.
-
Family law — Marriage by repute or permanent cohabitation — Whether such unions can be dissolved by a court — Marriage, Divorce and Family Relations Act ss 12, 13
-
Civil procedure — Proper remedy for informal unions — Petition for divorce is inappropriate; seek declaratory finding and ancillary orders instead
|
18 April 2024 |
|
Applicants sought High Court review of magistrate’s bail refusal; Court dismissed for failure to meet high review threshold and wrong procedure.
-
Criminal procedure — High Court revisionary/supervisory jurisdiction (s.26 Courts Act; s.360 CP&EC) — Bail law — Bail Guidelines Act (Part II, s.4) — Prima facie assessment of prosecution evidence at bail stage — Exceptional threshold for review versus appeal/fresh application.
|
16 April 2024 |
|
Failure to disclose parallel proceedings and attempting collateral attack on another court's decision amounted to abuse of process; action struck out.
-
Civil procedure — Ex parte relief — Duty of full and frank disclosure of pending proceedings — Concurrent jurisdiction — Abuse of process — Action impermissible to challenge decisions of another court — Striking out and discharge of injunction; costs.
|
15 April 2024 |
|
A stay pending appeal requires a competent notice of appeal and leave to amend grounds; absent these, stay is denied.
-
Civil procedure — Stay of execution pending appeal — Competent notice of appeal required — Grounds of appeal cannot be amended without leave — Order I r18 SCAR is not the enabling provision for stay — Arguability and risk of nugatory appeal test.
|
12 April 2024 |
|
Conviction quashed after trial court improperly invoked s201 and prosecution failed to prove theft beyond reasonable doubt.
-
Criminal appeal — theft (s278 Penal Code) — prima facie case at close of prosecution — trial court powers under s201 CP&EC — s201 invoked sparingly, parties to be notified — judicial impartiality and forum choice — improper calling of witness after defence; evidence struck out — conviction unsafe; quashed.
|
12 April 2024 |
|
Conviction on guilty plea confirmed for obtaining by false pretences; maximum sentence set aside and reduced to 30 months.
-
Criminal law — Obtaining by false pretences (s.319 Penal Code) — Confirmation of conviction on plea — Sentencing: maximum penalty reserved for worst offences — Registrar and jurisdictional duties under Courts Act s.6A and Practice Direction No.1 of 2023.
|
12 April 2024 |
|
Retrospective application of the FCA was found by necessary implication but did not violate constitutional protections against conviction for non-offences.
-
Constitutional law — retrospectivity of statutes — Financial Crimes Act section 42 vs repealed MLA section 35 — interpretation of saving provision section 141(2) FCA — right not to be convicted for non-existent offence and protection against harsher retrospective penalties — procedural commencement via constitutional referral (Order 19 CPR).
|
10 April 2024 |