Results.
5,386 judgments found.
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| August 2023 |
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A concluded private-treaty mortgage sale cannot be re-opened; aggrieved chargor's remedy is damages, not injunction.
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Registered Land Act — power of sale — private treaty sales permitted; reserve price applies to auctions only — remedy for completed sale is damages, not re-opening; interlocutory injunction void where material facts (completed sale) were not disclosed in a without-notice application; Loans Recovery Act inapplicable to statutory power of sale.
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8 August 2023 |
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Interlocutory vacatur of injunction is inchoate and not appealable; stay pending appeal refused where debtor owes secured debt.
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Civil procedure — Stay of execution pending appeal — Interlocutory orders and inchoate decisions — Appealability — Proper procedure (Order 1 R.18 and Order 2 R.1 Supreme Court Rules) — Balance of convenience and risk of injustice — Security for debt and repossession of pledged vehicles — Nugatory appeal doctrine.
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7 August 2023 |
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No proven waiver of interest; assessment deferred pending judicial determination of the cut-off date for interest calculation.
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Commercial disputes — interest on judgment debt — allegation of waiver of interest: burden of proof on alleging party; dispute over cut-off date for interest computation—issue referred to Judge under Order 25 r.2 CPR 2017; assessment of quantum deferred.
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1 August 2023 |
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Accused must prima facie show bail conditions are unreasonable; burden then shifts to prosecution to justify them.
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Bail — Variation of conditions — Burden of proof in variation applications — Accused must make prima facie case; prosecution must justify conditions — s.42(2)(e) Constitution (release from detention) bifurcated — s.44(1) limitation test — Appropriate, less restrictive measures for high office holders (reporting, passport custody).
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1 August 2023 |
| July 2023 |
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Court refused certification to the Constitutional Court, upheld charge particulars, and extended trial time under section 261(3).
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Criminal procedure — Certification as constitutional matter (s.9 Courts Act) — threshold requires substantive constitutional interpretation; evidential/admissibility issues are for trial. Criminal procedure — Particulars of charge (ss.126,128 CP&EC) — 'dates unknown'/'divers occasions' permissible where offences continuous; accused must be able to prepare defence
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Limitation (s.261 CP&EC) — time runs from complaint registration/when accused brought to court; court may extend time under s.261(3). Conspiracy vs substantive charge — cannot duplicate substantive charge, but not present here. Prosecution's election of charging statute permissible. Financial Crimes Act applicable to charges filed post‑2017
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27 July 2023 |
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An applicant's request to release tax‑seized stock pending litigation was dismissed for procedural defects and unstated legal basis.
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Tax law — seizure of goods — interim injunction to release impounded stock pending litigation; Civil procedure — competency of proceedings in appellate courts — requirement to state legal basis for relief; Procedural irregularity — standalone application in appellate court.
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26 July 2023 |
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Whether an interim injunction should release impounded stock pending tax proceedings to prevent irreparable business harm.
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Interim relief — Injunction pending tax proceedings — Release of goods impounded by revenue authority — Irreparable harm and adequacy of damages — Balance of convenience and public interest.
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26 July 2023 |
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Applicants unfairly dismissed without a hearing; court awarded full remaining-contract compensation and severance under section 63(4).
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Employment law — unfair dismissal — procedural fairness (audi alteram partem) — section 57 (grounds for termination) — section 63(4) and (5) (compensation framework) — discretion to depart from statutory minima — severance for prior service.
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24 July 2023 |
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Court found unlawful arrest and malicious prosecution; special damages unproven; damages and costs awarded to the Claimants.
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Constitutional and civil rights — personal liberty and dignity; False imprisonment — requirement of reasonable and probable cause and informing arrested person; Malicious prosecution — elements: prosecution by defendant, favourably terminated, lack of reasonable and probable cause, and malice; Special damages — must be strictly pleaded and strictly proved; Evidence — inadmissibility of hearsay and duty to call available witnesses.
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20 July 2023 |
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Appeal dismissed: 20 April 2016 letter was a binding contract, debt discharged by MK16,304,708.82, respondent entitled to interest.
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Contract — variation of existing loan agreement by letter — formation, offer, acceptance and consideration — discharge of debt by payment of shortfall; Civil procedure — compliance with Order III grounds of appeal; Interest on judgment — pleadings, statutory rate and assessment by Registrar.
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18 July 2023 |
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Conviction for trafficking quashed where charge lacked particulars and prosecution failed to prove means and purpose of exploitation.
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Trafficking in persons — statutory elements: action, means, purpose; Particulars of charge — sufficiency and constitutional right to be informed; Burden of proof — prosecution must prove all elements beyond reasonable doubt; Trial court must not introduce or infer unpleaded elements; Definition and proof of ‘‘exploitation’’ under the Trafficking in Persons Act.
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18 July 2023 |
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Stay of execution refused where applicants failed to show respondent’s inability to repay or irreparable harm.
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Stay of execution pending appeal — tests: serious issue to be tried, irreparable harm, balance of convenience/justice — impecuniosity evidence required — criminal prosecution allegations speculative and irrelevant to civil stay.
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18 July 2023 |
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Court continued ex parte stay pending appeal, granted leave to appeal, and ordered procedural steps and exclusion of later punitive orders.
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Civil procedure — stay of execution pending appeal — jurisdiction under Order 1 Rule 18 — inherent jurisdiction — test for stay: justice, expediency, risk of appeal being rendered nugatory, balance of convenience — leave to appeal granted — exclusion of later punitive orders from record of appeal.
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14 July 2023 |
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Court sustained stay pending appeal, granted leave to appeal, and ordered timelines while excluding un-heard punitive orders from the record.
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Civil procedure — Stay of execution pending appeal — Discretionary equitable remedy — Tests: serious issue, irreparable harm, balance of convenience/justice — Jurisdiction under Order 1 Rule 18 and inherent jurisdiction — Leave to appeal and exclusion of unhearing punitive orders from record.
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14 July 2023 |
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Court continued stay pending appeal, granted leave to appeal, and excluded un-heard post-judgment punitive orders from the record.
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Civil procedure — Stay of execution pending appeal — Jurisdiction of appellate single judge to entertain stay before lower court final determination — Test for stay: serious issue, irreparable harm, balance of convenience/justice — Leave to appeal — Exclusion of post-judgment punitive orders from record where parties were not heard.
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14 July 2023 |
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Offer of lease alone is insufficient for ownership; procedural revocation failure by land authority gives rise to damages against the State.
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Land law — offer of lease vs. registered title; Registered Land Act — requirement of registration for leasehold rights; Possession and trespass — possession indicators vs. lawful authority to enter; Town and Country Planning Act — revocation procedure, notice and compensation; Civil procedure — originating summons responses must be by affidavit; State liability for administrative procedural failure.
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14 July 2023 |
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Appeal allowed: compensation for unfair dismissal must be assessed by years of service under s63(5), not by years to retirement or manner of dismissal.
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Employment law — unfair dismissal — assessment of compensation — sections 63(4) and 63(5) Employment Act — compensation must be based on years of service, not years to retirement — manner of dismissal not a separate statutory factor — courts may exceed minima by increasing weeks-per-year with reasons.
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13 July 2023 |
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Seasonal cultivation without exclusive possession and intention does not establish adverse possession to defeat earlier registered title.
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Adverse possession — Registered Land Act s.134(1) — elements: factual possession and intention to possess — seasonal cultivation insufficient — failure to register adverse possession — variation of default judgment and rectification of land registry.
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13 July 2023 |
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Claim struck out for inordinate delay and abuse of process; defective sworn statement curable but did not avert strike-out.
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Civil procedure — Want of prosecution — Strike out under Order 12 r56 — Court’s discretion and prejudice — Sworn statements: commissioning and service requirements (Order 18) — Abuse of process — Urgency in commercial matters.
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13 July 2023 |
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Whether a prosecution under the Corrupt Practices Act is ‘instituted’ on arrest/charging or only when the accused is called to answer the charge.
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Criminal procedure — Corrupt Practices Act — requirement of DPP written consent to institute prosecutions — meaning of ‘instituted’ (arrest/charging/remand v. being called to answer/plead) — repeal of consent requirement and retrospectivity — General Interpretation Act s.14.
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11 July 2023 |
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10 July 2023 |
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Supreme Court dismissed stay, leave to appeal and extension applications for procedural non-compliance and premature filing.
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10 July 2023 |
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Supreme Court dismissed stay and out‑of‑time leave applications for failure to comply with High Court‑first procedural requirements.
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Civil procedure — interlocutory orders — stay of execution pending appeal — requirement to first seek relief in High Court (Order I r.18) — incompetence of affidavit evidence — leave to appeal out of time and extension of notice period — procedural non‑compliance fatal.
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10 July 2023 |
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Assessment of wrongful-death damages: valuation of loss of expectation of life and dependency with inadequate income evidence.
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Wrongful death — Assessment of damages — Loss of expectation of life — Loss of dependency — Multiplicand and multiplier method — Use of minimum wage where income evidence lacking — Special damages and costs.
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4 July 2023 |
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The SCA refused ex parte relief, holding the High Court's order for an inter partes hearing was proper case management.
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Immigration — Deportation v valid residence permit; Judicial review — leave to move and interim injunctions; Civil procedure — ex parte v inter partes hearings; Case management — wide discretion under CPR; Appellate review — interference only if legal error or clearly wrong.
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4 July 2023 |
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Applicant must first have High Court determine judicial review and injunction; appellate interference with case-management orders is unwarranted.
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Immigration and deportation — Judicial review — Leave to apply and interim injunctions — Ex parte relief exceptional — Case-management discretion under CPR — Appellate restraint on interfering with lower court's exercise of discretion.
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4 July 2023 |
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Applicant’s rush to appellate court was premature; lower court’s decision to hear matter inter partes was within its CPR case-management discretion.
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Administrative law — judicial review — leave to apply and interim injunction — ex parte v inter partes hearings — case management discretion under CPR — balance of convenience and public interest in stays of administrative decisions.
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4 July 2023 |
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Whether late service of a charge-sheet and pre-plea disclosure obligations justify adjournment and set timelines for evidence disclosure.
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Criminal procedure — service of charge sheet; section 151(1) CP&EC — pre-plea disclosure of evidential material; fair trial and equality of arms; right to legal representation; adjournment and timelines.
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3 July 2023 |
| June 2023 |
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Assessment of damages for retained surgical pack causing prolonged injury; infertility claim not established by medical evidence.
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Medical negligence — retained surgical pack after caesarean — prolonged infection and multiple surgeries — assessment of quantum for pain and suffering, loss of amenities and disfigurement — inability to prove infertility without medical evidence — ex parte assessment after strike‑out of defence — reliance on comparable precedents and consideration of currency devaluation.
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28 June 2023 |
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High Court lacks first-instance jurisdiction over customary land disputes; interlocutory injunction and claim dismissed, no costs, leave to appeal refused.
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Customary land — Appellate jurisdiction of High Court under s49 Customary Land Act and Reg 76 — First-instance customary land disputes to customary tribunals — Interlocutory injunction inappropriate in wrong forum — Legal Aid: no costs against legally-aided person — Leave to appeal refused.
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26 June 2023 |
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Court varied ex parte injunction: no suppression found, serious issue to be tried on enforceability of teaming agreement; partial implementation permitted.
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Interlocutory injunctions — ex parte disclosure — alleged suppression of material facts — enforceability of teaming agreements — adequacy of damages — variation of injunction to permit partial project implementation.
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23 June 2023 |
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Court varied ex parte injunction: allowed limited project start but restrained defendant from using $400,000 or implementing claimant’s component pending resolution.
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Contract/NGO funding — Teaming Agreement and enforceability — interlocutory injunction — ex parte disclosure duties — adequacy of damages — balancing public interest in service delivery vs contractual rights.
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23 June 2023 |
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Unchallenged valuation awarded as market value; limited special damages proved but K10,000,000 general damages awarded for delay.
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Land law — assessment of damages — unchallenged expert valuation adopted as market value — breach of contract damages — claimant must prove consequential loss; general damages awarded for delay/inconvenience — costs to claimant.
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23 June 2023 |
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22 June 2023 |
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Where charged offences are not gazetted as exceptions, the High Court must try the accused by jury.
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Criminal procedure — Trial by jury under s.294(1) Criminal Procedure and Evidence Code — Minister’s power under s.294(2) to Gazette exceptions — Criminal Procedure (Trials Without Jury) Order — offences not listed require jury trial.
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22 June 2023 |
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The applicant, a statutory public housing corporation, is protected by Order 34 Rule 4 from seizure and sale; enforcement suspended.
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Civil procedure — suspension of execution — stay of enforcement; Public institution immunity — Order 34 Rule 4 — seizure and sale orders; Statutory corporations — government entity status and representation by Attorney General; Enforcement against public bodies — alternative procedures.
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16 June 2023 |
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A statutory public corporation was held to be protected from seizure-and-sale enforcement under Order 34; the sale and seizure was stayed.
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16 June 2023 |
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Applicant with cannabis-triggered violent episodes granted bail subject to strict conditions and a mandatory mental-health treatment plan.
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Bail — right to bail not absolute — interests of justice and Bail Guidelines — delay in prosecution and unlawful remand — substance-induced psychiatric risk — bail conditional on mental-health outpatient plan and strict security measures.
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15 June 2023 |
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Default judgment refused due to incurable procedural defects and lack of jurisdiction in a customary land dispute.
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Civil procedure — Default judgment — Proof of service and supporting sworn statements — Procedural irregularities (undated/unsigned summons) — Jurisdiction — Customary land disputes and the Customary Land Act 2016 — Effect of subordinate court orders and parties — Costs discretion.
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15 June 2023 |
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An application to stay a statutory demand was dismissed as incompetent; a statutory demand is not an Order 28 enforcement order.
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Civil procedure — Stay of execution — Suspension of enforcement of costs order — Statutory demand under Insolvency Act not an enforcement order under Order 28 — Competency of application — Registrar’s jurisdiction under Order 25 Rule 1 — Delegated decisions as High Court decisions — Res judicata — Inherent jurisdiction
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13 June 2023 |
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Whether a bank’s wrongful caution caused the claimant’s sale loss and whether the claimant must repay funds received without consideration.
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Registered Land Act — cautions (ss.126–130) — wrongful lodgement of caution — unregistrable interest and requirement to have advanced money; Tort/Equity — damages for wrongful caution causing rescission of sale; Contract/Property — purchaser’s right to rescind upon discovering a caution; Restitution — action for money had and received; Defence of change of position; Burden and standard of proof (balance of probabilities).
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13 June 2023 |
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Wrongful caution on land led to claimant’s damages; bank recovers MK5.95 million received by claimant.
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Registered Land Act — cautions (s.126–130) — wrongful lodgement of caution — unregistrable interest — requirement for bank to have advanced money on current account — remedies under s.130; Civil restitution — money had and received — receipt of bank funds without consideration entitling recovery; rescission of sale due to registered caution and consequential damages.
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13 June 2023 |
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9 June 2023 |
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A stay pending appeal was refused because applicants delayed prosecution despite raising serious appellate issues.
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Criminal procedure — Stay of proceedings pending appeal — Discretion to grant stay — Delay in prosecuting appeal — Judge's refusal to hear matter de novo after transfer — Jurisdictional challenge.
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9 June 2023 |
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The SCA lacks jurisdiction to hear a direct appeal from an Assistant Registrar’s interlocutory order; such appeals lie first to a High Court Judge.
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Civil Procedure — Jurisdiction of the Supreme Court of Appeal — Appeals from Registrar/Assistant Registrar decisions — Interlocutory orders — Order 25 CPR — Section 21 Supreme Court of Appeal Act — Appeal to Judge in chambers before SCA — Assessment of costs/insurance policy limits (merits not decided).
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8 June 2023 |
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Permission for judicial review of arrest/prosecution granted; interim suspension denied; confiscated passport ordered returned.
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Judicial review — reviewability of decisions to arrest and prosecute — permission to apply for review; interim relief; abuse of prosecutorial discretion; procedural error in lower court.
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8 June 2023 |
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Court dismissed challenge to anti-corruption investigation, finding allegations speculative and judicial review unjustified.
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Administrative law — judicial review of investigative/prosecutorial actions; locus standi; prosecutorial discretion; ACB cooperation with foreign agencies (NCA); admissibility of allegedly illegally obtained evidence; limits of DPP/Attorney General supervision over ACB; arrest versus summons; availability of alternative remedies.
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5 June 2023 |
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Application for judicial review to quash ACB investigation and prosecution dismissed for lack of factual basis and alternative remedies.
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Judicial review — prosecutorial and investigative decisions — locus standi — timeliness — cooperation with foreign agencies (NCA) — admissibility of illegally obtained evidence (discretionary) — scope of DPP/Attorney General supervision — arrest v summons — exceptional nature of quashing investigations.
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5 June 2023 |
| May 2023 |
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Registrar may assess interest despite defendant's 'without prejudice' dollar-pegging claim; claimant awarded costs and assessment set down.
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Civil procedure — Assessment of interest — Admissibility of 'without prejudice' communications — Registrar's jurisdiction under Order 25 Rule 1 to determine whether issue is contentious — Costs discretion under Order 31 Rule 3.
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30 May 2023 |
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Claimant proved contractor’s negligence for failing to erect roadwork warning signs, causing her husband’s fatal accident.
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Negligence — duty of care of road contractor — failure to erect warning signs at roadworks — causation of fatal accident — burden and standard of proof — failure to call material witnesses — costs awarded to successful claimant.
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29 May 2023 |