Results.
101 judgments found.
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| December 2025 |
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The claimant’s late-registered lease was void; earlier registered lease prevails and the trespass claim is dismissed.
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Deeds Registration Act — mandatory registration period; late registration renders instrument void — priority of registration under s.8
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Trespass — possessory tort; possession ordinarily sufficient but yields to superior registered title. Nemo dat quod non habet — unregistered surrender ineffective; re-grant by minister invalid if prior lease subsists. Res judicata — default judicial review judgment not a merits-based bar; identity of parties and merits required
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Limitation — bars affirmative claims but does not preclude defendants relying on historical title defensively
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Relief — interlocutory injunction vacated; court-directed survey to demarcate customary land boundaries
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30 December 2025 |
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Letters of Administration revoked for fraudulent procurement; Administrator General appointed and respondent ordered to account.
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Probate — Revocation of Letters of Administration — Fraudulent procurement and forgery — DEWIPA s55
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Evidence — Documentary comparison — Signature discrepancies and absence of contemporaneous communications as indicia of fraud
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Estate administration — Duty to account and court power to appoint Administrator General where administration is compromised
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19 December 2025 |
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Acquittal upheld where prosecution failed to produce expert or corroborative evidence proving drug’s falsity or lack of HIV cure.
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Criminal law — case-to-answer; Pharmacy and Medicines Regulatory Authority Act 2019 — offences: misleading sale, false/misleading statements, advertising without approval; Penal Code — obtaining by false pretences, conspiracy to defraud; confession admissibility and requirement of independent corroboration; judicial notice and necessity of expert/scientific evidence for medical questions; appellate review on points of law by DPP.
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19 December 2025 |
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18 December 2025 |
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17 December 2025 |
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Whether a signed written K42,000,000 loan existed, was usurious under the Loans Recovery Act, and whether vehicle security must be returned.
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Contract formation — existence and certainty of written loan agreement; Parol evidence rule — written document prevails; Loans Recovery Act — reopening transactions for excessive/usurious interest; Pleadings — duress/alternative claims must be specifically pleaded and proved; Security disputes — unproven vehicle security and counterclaim dismissed.
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17 December 2025 |
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Employer’s failure to consult before retrenchment rendered dismissal unfair; severance and limited salary arrears awarded, other claims dismissed.
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Employment law — unfair dismissal for operational requirements — duty to consult employees before retrenchment — entitlement to compensation for unfair dismissal — statutory formula for severance pay — proof required for salary arrears, allowances and pension claims.
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12 December 2025 |
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Applicant’s resignation did not amount to constructive dismissal; respondent’s counterclaim of K445,598.00 awarded.
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Employment law — Constructive dismissal — Burden on employee to show employer’s conduct unreasonable; failure to follow internal grievance procedures; credibility and evidence required to prove repudiatory breach.
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12 December 2025 |
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Assistant Registrar’s inflated assessment varied to statutory minima; pension award and 50% uplift set aside.
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Employment law — Assessment of compensation for unfair dismissal — Application of section 63(4) and (5) Employment Act — Use of salary at date of dismissal — Assessing court must not award beyond years of service — Assessing court must respect terms of liability judgment — Employer pension not assessable absent remit — Boosting (uplifting) awards and effect of employee contributory fault.
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12 December 2025 |
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Interim inhibition under s123 RLA set aside; applicant lacked arguable claim and property was not at risk.
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Registered Land Act s123 — inhibition orders — discretionary preservatory relief — threshold: risk of disposition, refusal would render suit nugatory, and arguable/sustainable claim — set aside of interim inhibition where threshold not met.
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12 December 2025 |
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Court cured a defective application heading, held it retained jurisdiction to hear suspension of enforcement, and dismissed the claimant’s preliminary objection with costs.
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Civil procedure — Mediation and mandatory attendance — Order 13 CPR 2017 — Default judgment for non-attendance — Restoration and suspension of enforcement under Order 28 r48 — Curable procedural defects (Order 2 r3(d)) — Functus officio rule — Preliminary objections permitted.
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11 December 2025 |
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Stay of execution denied where applicants failed to prove inability to repay and prosecution of the appeal was unduly delayed.
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Stay of execution pending appeal — Order 28 r.48 CPR 2017 — applicant must show special circumstances — inability v unwillingness to pay — need for enforcement evidence (sheriff’s return) — corporate personality separates company and individual liabilities — judicial discretion and impact of undue delay.
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10 December 2025 |
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Defective affidavits and insufficient evidence meant petitioner failed to prove electoral irregularities; election confirmed.
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Election law — electoral petition — admissibility and credibility of affidavits (name, signature and jurat date discrepancies) — failure to cross-examine deponent — burden and standard of proof in election petitions — MEC’s investigatory duties, jurisdiction and remedial powers — allegations of handouts, intimidation, purchase of voter slips, and ballot handling.
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3 December 2025 |
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Dismissals for alleged fuel contamination were substantively and procedurally unfair; deductions and counterclaim dismissed.
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Labour Law
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Termination/Dismissal — Substantive and procedural fairness — Burden on employer under Employment Act s62
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Unfair labour practices — Deductions for transit losses — Requirement for proof and lawful authority
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Disciplinary procedure — Disclosure of evidence and right to be heard — Employment Act s57(2)
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1 December 2025 |
| November 2025 |
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Non-renewal of fixed-term contracts on expiry is not unfair dismissal where discretionary renewal and project-linked funding apply.
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Employment law — fixed-term contracts — termination by effluxion of time — section 28(2) Employment Act — discretionary renewal clause — section 28(3) conversion to unspecified-term contracts — distinction between core and support functions — unfair dismissal and unfair labour practice claims.
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28 November 2025 |
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Whether retiring employees are entitled to pension (per Pension Act and Circular B) rather than gratuity.
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Pension law — obligation to provide pension under Pension Act — administrative circulars v. statutory law — Circular A (2017) not lawfully displacing statutory pension rights — Circular B (2019) applicable for computing pension-equivalent benefits — entitlement to pension (10% employer contribution applied over employment) rather than gratuity — Industrial Relations Court jurisdiction to determine discrimination-linked labour claims.
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28 November 2025 |
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Fixed-term contract expired by effluxion of time; termination not unfair dismissal and all claims dismissed.
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Employment law — Fixed-term contracts — Effluxion of time terminates contract — Not unfair dismissal; Employment Act — fixed-term contracts excluded from severance and notice pay; Burden and standard of proof in civil claims — balance of probabilities; Evidential proof of payment — payslips, terminal benefits receipt and pension statements; Discretionary bonuses and statutory pension claims procedure (Pension Act s.62).
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28 November 2025 |
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Claimant proved agreement for Malawi Kwacha equivalent compensation referenced to US$25,000; quoting foreign currency as reference not illegal.
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Contract — agreement to pay Malawi Kwacha equivalent of foreign currency — reference currency permissible; Civil procedure — burden and standard of proof on balance of probabilities; Evidence — adverse inference from failure to call material witnesses; Exchange control — quoting or indexing to foreign currency does not per se constitute illegality.
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26 November 2025 |
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Whether the applicant is entitled to continue an interlocutory injunction despite a one-day late filing and alleged non-disclosure and stamping issues.
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Interlocutory injunctions — Order 10 Rule 27 (CPR 2017) — American Cyanamid principles — serious question to be tried; adequacy of damages; preservation of status quo — CPR Order 2 cure of irregularity — duty of full and frank disclosure for ex parte relief — equity and unclean hands — effect of unstamped agreements where party treats contract as operative.
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21 November 2025 |
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Court held that marriages cannot be dissolved by private consent; divorce established for desertion and property split 30:70.
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Family Law
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Divorce — Whether parties can dissolve a marriage by mutual consent without court decree
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Jurisdiction — Determination of marriage type and validity before granting divorce
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Matrimonial Property — Distribution principles and evidentiary requirements for customary practices
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21 November 2025 |
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The applicant’s application to set aside a default judgment succeeded due to non-service and an arguable defence.
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Civil procedure — Setting aside default judgment — Non-service of originating process — Delay in bringing application — Prospects of defence — Prejudice — Vacatur of interlocutory injunction.
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20 November 2025 |
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Section 100 petition confined to Commission‑decided complaints; one unsigned result sheet found but did not affect election, petition dismissed.
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Election law — Section 100 appeal limited to matters decided by the Commission; scope of election petitions; irregularity defined as non‑compliance with the Act; presiding officer’s signature mandatory on result sheets; criminal electoral offences (handouts, unlawful campaigning) are for criminal process and require conviction before affecting election outcome; burden of proof on petitioner on balance of probabilities.
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11 November 2025 |
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Enforcing a signed six-day employment contract did not constitute unlawful religious discrimination.
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Employment Law
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Discrimination — Religious observance and Sabbath work — Enforcement of a valid contract requiring Saturday work does not, without more, constitute religious discrimination
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Fixed-term Contract — Effluxion of time v dismissal — Non-renewal of a fixed-term contract is not a dismissal absent evidence of unfairness or discriminatory motive
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Benefits — Conditional allowances tied to participation in six-day field operations — Entitlement requires actual performance of qualifying duties
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10 November 2025 |
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Post-declaration election petitions proceed under Section 101; technical defects in verification are curable and not necessarily fatal.
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Election law — Procedure — Distinction between Sections 100 and 101 PPLGEA — Post-declaration petitions proceed under Section 101 — Verifying sworn statements and exhibits — Procedural defects curable under CPR, 2017 — Judicial review not mandatory for factual election disputes.
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7 November 2025 |
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Dismissal based on uncorroborated suspicion and without fair hearing was substantively and procedurally unfair.
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Employment Law — Unfair Dismissal — Substantive and Procedural Fairness — Reasonable investigation and burden of proof — Employment Act ss 57, 59, 63
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3 November 2025 |
| October 2025 |
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High Court set aside committal for extradition due to procedural unfairness, evidentiary defects, improper authentication, and safety concerns for applicants.
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Extradition — procedural fairness — right to be heard; adequacy of judicial reasons; authentication of extradition documents; hearsay and admissibility; linkage between ATP, warrants and charges; specialty and statutory compliance; consideration of safety, delay and bad faith.
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31 October 2025 |
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Employer’s failure to investigate sexual harassment and dismissing complainant without hearing amounted to unfair labour practice and unfair dismissal.
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Labour Law
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Sexual Harassment — Employer’s duty to investigate complaints and liability for senior officer’s misconduct — Gender Equality Act ss 6–7; Employment Act s 5; Constitution s 31
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Unfair Dismissal — Requirement of substantive and procedural fairness including right to be heard — Employment Act s 57; Employment Act s 63
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Remedies — Separate awards for unfair labour practice (dignity/psychic harm) and unfair dismissal (economic loss) — Gender Equality Act s 20; Employment Act s 63
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29 October 2025 |
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A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
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Gender Equality Act — right to sexual and reproductive health; Penal Code s243 — preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
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28 October 2025 |
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Long continuous service established employment; resignation voluntary; gratuity and other monetary claims dismissed for lack of legal or evidential basis.
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Employment Law
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Employment Relationship — Whether long-term voluntary service matured into employment (contract, continuity and payroll evidence)
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Termination — Constructive dismissal — Whether employer’s conduct amounted to fundamental breach forcing resignation
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Remuneration and Benefits — Gratuity, pension, leave, overtime and wage arrears — contractual entitlement and evidentiary proof required
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6 October 2025 |
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Appeal allowed: finding of constructive dismissal reversed; compensation assessment principles clarified and arbitrary 30% boost disallowed.
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Employment law — constructive dismissal — demotion and transfers; conditional loan as possible victimisation; timing and delay in claiming constructive dismissal; compensation assessment under Employment Act s.63(4) and minima in s.63(5); mitigation of loss; courts may not 'boost' awards for inflation—use prevailing wage instead.
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2 October 2025 |
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Applicants awarded salary-difference and lump-sum damages for unfair labour practices and excessive workload; respondent ordered to produce salary scales.
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Employment law — Unfair labour practices — Overloading interns with work of higher grade — Remedy: salary-difference comparator to Staff Associates, lump-sum damages; court-ordered disclosure of comparator salary progression; no notice pay awarded.
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2 October 2025 |
| September 2025 |
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Demotion without fair process or evidence constituted unfair dismissal; applicants entitled to compensation, severance and pension.
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Labour Law
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Termination/Demotion — Substantive and procedural fairness in dismissal — Employer’s burden to prove reasons under Employment Act ss57,61
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Remedies — Compensation, severance and pension entitlements for unfair dismissal — Employment Act s63; Pension Act vesting obligations
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29 September 2025 |
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Leave for judicial review dismissed for deficient drafting, but applicant granted liberty to refile with notice to respondent.
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Judicial review — leave to apply — procedural and drafting deficiencies (typos, wrong citations, unclear arguments) — Order 19 CPR — dismissal with liberty to refile — notice to respondent.
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22 September 2025 |
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Summary dismissal for negligence, unprofessional communication and insubordination was fair; employer must account for pension deductions.
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Labour Law
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Dismissal — Procedural and substantive fairness — Employment Act ss 57, 61, 62
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Employee Benefits — Employer's duty to remit pension contributions — Pension Act ss 9, 35, 36
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22 September 2025 |
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Application dismissed for being commenced in the wrong procedural form; election challenges require petition or Form 86A originations.
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Election procedure — Mode of commencement — Petition under PPLGEA or judicial review by originating motion (Form 86A); CPR cannot add modes; procedural irregularity fatal.
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10 September 2025 |
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Failure of the Returning Officer to notify a nomination defect rendered the exclusion unlawful despite incorrect fee paid at presentation.
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Election law — nomination fees — age qualification for youth candidates determined at time of presentation — Returning Officer’s duty to notify defects before close of nominations (s.39(2)–(3)) — failure to notify defeats internal remedies (s.99) — judicial review permissible where no communicated decision.
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9 September 2025 |
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Claimants failed to prove a binding 2022–23 seed buy‑back contract; claim dismissed and costs awarded to the defendant.
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Contract formation — offer and acceptance — certainty of terms — burden of proof in civil cases — written contract alleged but not produced — registration/inspection not equivalent to contractual buy-back obligation.
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2 September 2025 |
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Chief Justice certifies the whole proceeding as constitutional; certification is a judicial, conclusive act not amenable to review or appeal.
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Certification under s.9(2) Courts Act — Chief Justice certifies the whole original proceeding; Certification is judicial, conclusive and transforms the case into a constitutional matter; Party-commenced certification ordinarily commenced by summons under CPR Order 19 (service and response required); Alleged procedural irregularities in certification are to be addressed to the Chief Justice (Order 2 Rule 3(a)), not by judicial review or appeal.
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2 September 2025 |
| August 2025 |
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Court refused challenge to Acting Director’s authority, stayed 24‑hour production requirement, and granted review permission on campaign speech vs ACB investigatory powers.
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Administrative law — judicial review; Actings appointments — authority of Deputy Director to act as Director; Anti‑Corruption Bureau powers — s.10–11 Corrupt Practices Act; Electoral law — freedom of expression during campaign (constitutional s.35 and Elections Act s.53–55); Reasonableness of statutory document production timelines; Interim stay to protect campaign speech.
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31 August 2025 |
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Court abridged time and set an expedited timetable to hear a review of a candidate's exclusion under Section 42(2) before the election.
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Electoral law — judicial review of electoral commission decision — exclusion of candidate — urgency — abridgement of time under civil procedure rules — operation of Section 42(2) of the Elections Act.
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29 August 2025 |
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Charge under s.138 proved but dismissed under s.337(1)(a) due to youth, consensual non-exploitative relationship, and extenuating circumstances.
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Criminal law — Sexual intercourse with a child (s.138 Penal Code) — statutory defence (consent, age difference, offender a child) — discretionary dismissal without conviction (s.337(1)(a) Criminal Procedure & Evidence Code) — consensual, non-exploitative adolescent relationships — pregnancy not automatically aggravating.
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28 August 2025 |
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Claimant lacked a cognisable right and sufficient interest to seek judicial review of the appointment; application dismissed and costs awarded.
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Judicial review — permission stage — Order 19 rule 20 requirements — must show a right, interest or legitimate expectation affected and sufficient locus standi; speculative future grievances non-justiciable; interlocutory injunction falls away where permission denied; costs follow the event.
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20 August 2025 |
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Whether statutory defence applies to consensual adolescent sex and dismissal under section 337(1)(a).
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Criminal law — sexual offences: consensual adolescent sex and defilement (section 138 Penal Code) — statutory defence requires accused to be a child, consent and ≤2 years age gap — dismissal under section 337(1)(a) — proportionality and constitutional concerns regarding over-criminalisation of adolescent consensual sex.
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18 August 2025 |
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18 August 2025 |
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18 August 2025 |
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12 August 2025 |
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Successive renewals converted an internship into employment; dismissal and wage deduction were unlawful under the Employment Act.
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Employment Law
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Internship v Employment — Whether successive renewals convert a purported fixed‑term internship into an indefinite contract under s 28(3) Employment Act
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Unfair Dismissal — Procedural and substantive fairness required under ss 57, 59 and 61 of the Employment Act
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Wage Deductions — Lawful only by court order, genuine consent or following disciplinary process under s 52 of the Employment Act
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11 August 2025 |
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11 August 2025 |
| July 2025 |
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Bail pending appeal denied: no exceptional circumstances, appeal unlikely to succeed, substantial sentence remains unserved.
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Criminal procedure — Bail pending appeal (s.359) — Discretionary relief only in exceptional, special or unusual circumstances — Factors include likelihood of success and risk of serving substantive sentence — Likelihood alone rarely sufficient.
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28 July 2025 |
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Criminal defamation provision struck down as an unconstitutional, disproportionate limit on freedom of expression.
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Constitutional law — Freedom of expression — Criminal defamation — Section 200 Penal Code — Overbreadth, vagueness and chilling effect — Section 44 limitation test — Civil remedies as less restrictive means — Attorney General’s neutral role in constitutional referrals.
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17 July 2025 |