Results.
162 judgments found.
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| April 2024 |
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An inchoate judgment is not appealable, so a stay pending appeal was dismissed; the preliminary objection was procedurally defective.
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Civil procedure — Preliminary objections — procedural compliance and minimum notice; Inchoate judgments — part of relief reserved for later assessment; Appealability — inchoate judgments not appealable; Stay of execution pending appeal — incompetent when judgment is inchoate.
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10 April 2024 |
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An interlocutory injunction was granted to preserve funds subject to a valid preservation order, affirming Financial Crimes Division jurisdiction and condemning forum shopping.
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Financial Crimes Division jurisdiction — preservation orders and freezing directives — exclusivity under Financial Crimes Act; interlocutory injunction to preserve status quo; forum shopping and abuse of court process; registrar’s duty to transfer misfiled matters.
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8 April 2024 |
| March 2024 |
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Bank’s report to police not actionable as false imprisonment or defamation; claimant failed to prove medical causation or special damages.
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False imprisonment — distinction between reporting to police and laying charges; police’s independent discretion; defamation by imprisonment — imputations attributable to detaining authority; damages — causation and authentication of medical evidence; special damages must be specifically pleaded and proved.
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30 March 2024 |
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Court revoked bail and ordered forfeiture of cash bond and a bonded residential house after respondent absconded.
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Criminal procedure — Forfeiture of bonded money or property under section 121(2) — Absconding depositor — Identification of third‑party/matrimonial rights — Registered ownership as basis for forfeiture.
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28 March 2024 |
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Assessment of compensation for unfair dismissal: five months’ pay per year, pension, and 200% boost for inflationary devaluation.
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Employment law — Unfair dismissal for non‑hearing (s57, s58 Employment Act) — Compensation assessment (s63(4) & s63(5)) — Years of service post‑privatisation — Employer pension contributions — Boosting awards for devaluation/inflation.
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26 March 2024 |
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Default judgment refused where claimants failed to prove they were police officers, did not comply with statutory pre-action notice, nor exhaust internal Police Service remedies.
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Civil procedure — Default judgment — Order 12 rules 6–8 — Evidential sufficiency in ex parte default applications; Government suits — statutory pre-action notice to Attorney General (Civil Procedure (Suits by/against Government) Act s.4; Order 8 r.19); Administrative remedies — Police Service Commission under Police Act; judicial discretion on default judgment and costs.
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25 March 2024 |
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Appellant’s convictions for grievous harm and malicious damage quashed for insufficient evidence; alternative conviction impermissible under precedent.
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Criminal law — Grievous bodily harm — High threshold for ‘grievous harm’ under section 4/238 — Medical evidence not always mandatory but here insufficient; Malicious damage — proof of wilful or reckless damage required and absence of exhibit fatal; Alternative verdicts — courts may not substitute lesser offences where State chose charge (Namatav v Republic); Self‑defence and provocation — disproportional response defeats self‑defence, provocation not available to reduce non‑murder offences; Sentencing — original sentences excessive.
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25 March 2024 |
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Prosecution must authenticate photo/video evidence, but acquittal stands where grievous harm under section 235(a) is not proved.
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Evidence — Admissibility of photographs and video — Section 179 CP&EC — Prima facie authentication by competent witness; Burden on prosecution to establish provenance and originality
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Criminal law — Section 235(a) Penal Code — Elements require unlawful wounding or grievous harm plus intention; medical evidence relevant to actus reus
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Criminal procedure — Review powers — High Court may correct misdirections but cannot substitute convictions for offences not charged; alternative verdicts constrained by Supreme Court authority (State must amend)
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20 March 2024 |
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Claims for false imprisonment, defamation and malicious prosecution failed; conversion established only as to retained office chattels, not the claimed money.
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False imprisonment — distinction between reporting a crime and laying charges; Malicious prosecution — must prove prosecution by defendant, favourable termination, lack of reasonable cause and malice; Conversion — wrongful retention of chattels and denial of access; Pleadings — evidence inconsistent with pleadings may be rejected; Civil standard of proof — balance of probabilities.
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19 March 2024 |
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19 March 2024 |
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Appellate court found the purported will invalid, held customary law must be proved under section 64, and restored land to the appellant and siblings.
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Succession and customary land — validity of will under DEWIPA — DEWIPA prevails over customary law on inheritance — customary law is a question of fact requiring proof under section 64 Courts Act — proof required before land can be treated as attached to chieftaincy — Magistrate court jurisdiction and remedies for property loss.
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18 March 2024 |
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Court reduced excessive costs, limited senior counsel and combined in-house fees, and awarded MWK21,625,940.25 in taxed costs.
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Costs assessment — Order 31 CPR 2017 — reasonableness and proportionality of costs; standard vs indemnity assessment (legal practitioner and own client); Senior Counsel fees and proof of use; allocation of hours and hourly rates; disallowance of MLS levy and duplicate VAT claims; care and conduct allowances.
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15 March 2024 |
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Leave and extension granted to challenge sentencing disparity; bail pending appeal refused.
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Criminal procedure — Leave to appeal and extension of time — Sentencing uniformity between co-accused — Bail pending appeal — Supervisory nature and limits of High Court criminal review.
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15 March 2024 |
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Court refuses anti‑arbitration injunction, sanctions non‑disclosure in ex‑parte proceedings, and enforces arbitration agreements.
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Civil procedure
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Interlocutory jurisdiction — Applicability of Order I Rule 18; SCA jurisdiction only triggered where same application and material was first refused in High Court
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Ex‑parte relief — Duty of full and frank disclosure; failure to disclose prior court directions justifies setting aside order
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Arbitration law — Anti‑arbitration injunctions — Courts should respect arbitration agreements and refrain from granting anti‑arbitration injunctions except in limited cases (fraud, impartiality)
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14 March 2024 |
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14‑day deadline for skeleton arguments runs from filing the record of appeal in this Court; stay of execution maintained and application dismissed.
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Civil procedure — stay of execution — Practice Direction No.1 of 2010 — 14‑day period for skeleton arguments runs from filing of record of appeal in Supreme Court of Appeal; non‑compliance may be waived or time enlarged; balance of justice and preservation of jurisdiction guide discharge of stay.
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14 March 2024 |
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A statutory corporation (municipal council) is not exempt from enforcement under Order 34 rule 4 absent express statutory immunity.
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Civil procedure — Order 34 rule 4 CPR 2017 — exemption from enforcement applies to Government or public officers as defined by statute; statutory corporations do not automatically enjoy Crown-type immunities absent express statutory provision.
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6 March 2024 |
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A statutory corporation/local council is not automatically exempt from enforcement under Order 34 rule 4 absent express statutory coverage.
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Civil procedure — Order 34 r.4 CPR 2017 — exemption from enforcement; Suits by or against the Government — Civil Procedure (Suits by or against the Government or Public Officers) Act; General Interpretation Act — definition of Government; Statutory corporations and Crown immunities; Third-party debt order — stay application dismissed.
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6 March 2024 |
| 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 |
| January 2024 |
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Conviction quashed where facts established incest requiring DPP's written consent; trial ordered de novo with directions.
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Criminal procedure — Review of subordinate court proceedings — Charge irregularity; incest (s.157 Penal Code) vs rape (s.133 Penal Code); requirement of DPP's written consent for prosecutions within prohibited degrees of consanguinity; conviction quashed; trial de novo ordered.
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30 January 2024 |
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Assessment of quantum for unfair dismissal, gratuity, pension and notice pay under Defence Force Regulations.}
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29 January 2024 |
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Whether a Final Third-Party Debt Order can be set aside for alleged misrepresentation of claimant’s status (sole trader v partnership).
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Civil procedure — Third-Party Debt Order — application to set aside Final Third-Party Debt Order; Partnership law — status of claimant (sole trader v partnership) and effect on liability; Courts (High Court) (Civil Procedure) Rules 2017 — Order 28 rule 17 — objections pre-final order; Abuse of process — striking out.
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29 January 2024 |
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Section 73(2) mandates counsel only where the other party is, or is represented by, a legal practitioner.
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Labour law — Industrial Relations Court — Legal representation — Section 73(2) mandatory where other party is or is represented by a legal practitioner
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Statutory interpretation — Mandatory language "shall" — No judicial addition or discretionary gloss on clear statutory conditions
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Civil procedure — Corporate parties and representation — Other statutes do not displace Labour Relations Act procedural scheme
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29 January 2024 |
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Employer must consult employees before retrenchment; ministerial forced leave without consultation amounted to unfair dismissal and unfair labour practices.
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Labour law — retrenchment — duty to consult employees before operational dismissals — Ministerial directive without Board authority — unfair dismissal; unfair and unsafe labour practices — compensation assessment.
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29 January 2024 |
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27 January 2024 |
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Claimant failed to prove defendant’s negligence or statutory breach in fire allegedly caused by high voltage; claim dismissed with costs.
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Tort — Negligence in electricity supply; causation; high voltage vs high current; short-circuit principles; res ipsa loquitur inapplicable; statutory reporting/arbitration (MERA) not mandatory.
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25 January 2024 |
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Interim injunction continued pending trial as triable issue exists over whether a counteroffer negated the sale agreement; damages inadequate for land.
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Property law — interim injunction — existence of enforceable agreement for sale of land — whether offeree’s response amounted to a counteroffer or mere request for variation — adequacy of damages for land — balance of convenience — referral to mediation.
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25 January 2024 |
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Interim injunction maintained due to triable issue on offer/counteroffer and inadequacy of damages for land.
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Interim injunction — whether a triable issue exists as to formation of contract (offer v counteroffer) — uniqueness of land and inadequacy of damages — balance of convenience — continuation of interlocutory injunction; referral to mediation.
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25 January 2024 |
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Court dismissed both claim and counterclaim for want of prosecution after 35 months' inaction.
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Civil procedure — dismissal for want of prosecution — Order 12 r 54 — inordinate and inexcusable delay — abuse of court process — counterclaim also dismissed — costs: each party to bear own costs.
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25 January 2024 |
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Both claim and counterclaim dismissed for want of prosecution after 35 months' inaction; each party to bear its own costs.
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Civil procedure — Dismissal for want of prosecution under Order 12, rule 54 — Inordinate delay and abuse of process — Counterclaim also dismissed — Overriding objective and case-management non-compliance — Costs: each party to bear own costs.
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25 January 2024 |
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Summary judgment granted where defence was a sham; stay for related criminal proceedings denied.
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Civil procedure — stay of civil proceedings pending criminal proceedings; summary judgment — general denial treated as sham under Order 7 r 6 CPR; monetary claims vs criminal restitution; party-and-party costs only.
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24 January 2024 |
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A dispute founded on employment contract restraints belongs to the Industrial Relations Court, not the High Court Commercial Division.
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Jurisdiction — High Court (Commercial Division) v Industrial Relations Court — employment contract disputes; restraint of trade in employment — enforceability and reasonableness vis-à-vis constitutional right to work (s.29); definition of "commercial matter" (Courts Act s.2).
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22 January 2024 |
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Whether a restraint-of-trade claim arising from employment belongs to the Industrial Relations Court rather than the Commercial Division.
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Jurisdiction — Commercial Division v Industrial Relations Court — enforcement of post‑termination restraint in employment contract — whether dispute is commercial or labour — reasonableness of restraint and constitutional right to economic activity (section 29).
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22 January 2024 |