Results.
5,385 judgments found.
|
|
|
| September 2025 |
|
|
Application dismissed for being commenced in the wrong procedural form; election challenges require petition or Form 86A originations.
-
Election procedure — Mode of commencement — Petition under PPLGEA or judicial review by originating motion (Form 86A); CPR cannot add modes; procedural irregularity fatal.
|
10 September 2025 |
|
Failure of the Returning Officer to notify a nomination defect rendered the exclusion unlawful despite incorrect fee paid at presentation.
-
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.
|
9 September 2025 |
|
Claimants failed to prove a binding 2022–23 seed buy‑back contract; claim dismissed and costs awarded to the defendant.
-
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.
|
2 September 2025 |
|
Chief Justice certifies the whole proceeding as constitutional; certification is a judicial, conclusive act not amenable to review or appeal.
-
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.
|
2 September 2025 |
| August 2025 |
|
|
Court refused challenge to Acting Director’s authority, stayed 24‑hour production requirement, and granted review permission on campaign speech vs ACB investigatory powers.
-
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.
|
31 August 2025 |
|
Court abridged time and set an expedited timetable to hear a review of a candidate's exclusion under Section 42(2) before the election.
-
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.
|
29 August 2025 |
|
Charge under s.138 proved but dismissed under s.337(1)(a) due to youth, consensual non-exploitative relationship, and extenuating circumstances.
-
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.
|
28 August 2025 |
|
Claimant lacked a cognisable right and sufficient interest to seek judicial review of the appointment; application dismissed and costs awarded.
-
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.
|
20 August 2025 |
|
Whether statutory defence applies to consensual adolescent sex and dismissal under section 337(1)(a).
-
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.
|
18 August 2025 |
|
|
18 August 2025 |
|
|
18 August 2025 |
|
|
12 August 2025 |
|
Successive renewals converted an internship into employment; dismissal and wage deduction were unlawful under the Employment Act.
-
Employment Law
-
—
Internship v Employment — Whether successive renewals convert a purported fixed‑term internship into an indefinite contract under s 28(3) Employment Act
-
—
Unfair Dismissal — Procedural and substantive fairness required under ss 57, 59 and 61 of the Employment Act
-
—
Wage Deductions — Lawful only by court order, genuine consent or following disciplinary process under s 52 of the Employment Act
|
11 August 2025 |
|
|
11 August 2025 |
| July 2025 |
|
|
Bail pending appeal denied: no exceptional circumstances, appeal unlikely to succeed, substantial sentence remains unserved.
-
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.
|
28 July 2025 |
|
Criminal defamation provision struck down as an unconstitutional, disproportionate limit on freedom of expression.
-
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.
|
17 July 2025 |
|
Whether criminal defamation (section 200) unjustifiably limits freedom of expression and must be struck down.
-
Criminal defamation — Freedom of expression (section 35) — Limitation test (section 44(1),(2)) — Proportionality and necessity — Civil remedies as less restrictive means — Chilling effect — Decriminalisation consistent with regional and international jurisprudence — Attorney General’s impartial role in constitutional referrals.
|
17 July 2025 |
|
Court ordered DNA tests to resolve disputed parentage for estate succession and charged testing costs to the estate.
-
Family law; succession and inheritance — determination of parentage — DNA testing versus birth certificates as prima facie evidence — standing of interested persons — statutory three-year limit for parentage applications; estate to bear testing costs.
|
9 July 2025 |
| June 2025 |
|
|
A dispute arising from an insurance contract is a commercial matter and must be heard in the Commercial Division.
-
Commercial law — Jurisdiction — Definition of "commercial matter" — Insurance services within definition — Nature and business connection, not monetary value, determine commercial classification — High Court supervisory review and nullification of magistrate proceedings.
|
24 June 2025 |
|
Court declared multiple constitutional breaches in a detained child’s treatment and ordered declarations, mandamus, compensation and costs.
-
Constitutional and child-protection law — detention of children — torture and cruel, inhuman or degrading treatment — right to be informed of rights on arrest — prompt notification of parent/guardian — separation from adult offenders — right to nutrition — entitlement to compensation and mandamus relief.
|
19 June 2025 |
|
An unwarned shot by a police officer killed an innocent bystander; the police service held vicariously liable, revenue authority not liable.
-
Police law — use of firearms — duty to give warning, proportionality, and duty to render medical assistance; vicarious liability of police service; revenue authority not vicariously liable; admissibility and limited weight of hearsay in postmortem remarks.
|
19 June 2025 |
| May 2025 |
|
|
Claim on promissory note dismissed; loan deemed usurious and defendant held to have repaid in full.
-
Bills of Exchange — Promissory note — Validity of instrument, requirement of an unconditional promise and presentment under s89 and s93
-
Loans Recovery Act — Usury/Loans — Reopening transactions where interest is excessive, harsh or unconscionable
-
Civil procedure / Debt collection — Unlicensed collection and coercive enforcement — Illegality under Legal Education and Legal Practitioners Act
|
30 May 2025 |
|
Court exercised inherent jurisdiction to release a deteriorating vehicle from custody, imposing conditions to protect the applicant's claim.
-
Civil procedure — Inherent jurisdiction — Release of property in Court custody to prevent deterioration — Interim protective conditions to safeguard parties' substantive rights.
|
28 May 2025 |
|
The respondent's application for leave to appeal was denied because the High Court's review judgment remained inchoate pending assessment of terminal dues.
-
Administrative law — Appeals — Leave required for appeals from High Court judgments given on review under s123(2) of the Constitution and s21 of the Supreme Court of Appeal Act; inchoate judgments pending Registrar’s assessment; Ombudsman jurisdiction — anonymous complaints and locus standi; interpretation of constitutional provisions and binding precedent.
|
22 May 2025 |
|
Appellate court found KYC‑related poor performance justified dismissal; set aside boosted compensation and reassessed remedies.
-
Employment law
-
—
Unfair dismissal — Poor performance on KYC compliance — Valid reason and employer’s duty to act with justice and equity — Employment Act ss57,61
-
—
Compensation for unfair dismissal — Statutory minima and court discretion under s63(4)–(5) — Role of mitigation
-
—
Severance allowance — Statutory calculation under First Schedule — No judicial 'boost' for devaluation absent statutory or pleaded basis
|
21 May 2025 |
|
An expired, unrenewed summons served outside the three‑month period is ineffectual and justified striking out the claim.
-
Civil procedure — validity and service of summons — Order 7 rule 25 (3‑month rule) — Irregularity and cure — Order 2 rules — renewal of summons — strike out — notice of change of legal practitioners not served — interlocutory application falls away.
|
9 May 2025 |
|
|
9 May 2025 |
|
Whether long-serving casual workers were employees and whether they proved discrimination and entitlement to enhanced benefits.
-
Labour law — employee v independent contractor — totality of relationship test (control, integration, economic dependence, length of service, employer's treatment) — procedural compliance with Practice Direction No.1 of 2010 — discrimination claims require proof of prohibited ground under Constitution s.20 — costs in appellate labour matters discretionary.
|
3 May 2025 |
|
|
2 May 2025 |
| April 2025 |
|
|
|
28 April 2025 |
|
Judicial review of the DPP’s prosecutorial decisions is exceptional; applicants must first exhaust parliamentary and criminal remedies.
-
Prosecutorial discretion — Judicial review leave — Selective prosecution alleged — Requirement to exhaust parliamentary oversight (Legal Affairs Committee) — Exceptional circumstances threshold (dishonesty/mala fides) — Prematurity and abuse of civil process to challenge criminal proceedings.
|
28 April 2025 |
|
Accrued annual leave cannot be forfeited; employer must pay untaken earned leave on termination.
-
Employment law — Annual leave — Employer’s duty to grant leave; employee’s duty to take leave — No statutory forfeiture of accrued earned leave — Contractual clauses purporting to forfeit accrued leave void — Entitlement to payment for accrued untaken leave on termination (sections 44 and 45, Employment Act).
|
25 April 2025 |
|
Non-renewal of seasonal contracts is not unfair dismissal where seasonal employment ended and terminal benefits were paid.
-
Employment law — Seasonal employment — Section 43 (continuous seasons) — Unfair dismissal burden under s61 — Non-renewal of seasonal contracts not unfair dismissal where contracts end and terminal benefits paid.
|
11 April 2025 |
|
Whether the applicant's pregnancy‑related absence was an unfair dismissal entitling her to gratuity, salary and compensation.
-
Employment Law
-
—
Contractual status — Fixed‑term versus continuous employment — Presumption of continuous service where work is regular (Employment Act ss 28(3), 41(2))
-
—
Termination — Pregnancy‑related illness and absence — Employer’s burden to prove fairness and procedural compliance (Employment Act ss 57, 62)
-
—
Remedies — Gratuity, salary arrears and compensation for unfair dismissal — Proof of payment and enforceable settlement required (Employment Act ss 35, 63)
|
9 April 2025 |
|
The employer's appeal against compensation for the respondent's constructive dismissal was dismissed; s63 discretion upheld.
-
Employment law — Unfair/constructive dismissal — Assessment of compensation — Sections 63(4) and 63(5) Employment Act — Immediate loss and future loss — Pleading standards in Industrial Relations Court — Statutory severance allowance (s35).
|
4 April 2025 |
|
Court stayed disciplinary processes and dismissal pending trial given triable issues over tribunal competence and executive authority.
-
Industrial Relations Court — Interim relief — Stay of disciplinary proceedings pending trial; Unfair dismissal — Competence of disciplinary tribunal in absence of sitting board; Authority of corporate officers vis-à-vis MEMARTS; Risk of prejudice and reinstatement remedy.
|
1 April 2025 |
|
The High Court has no jurisdiction to enlarge the statutory 30‑day appeal period from the Industrial Relations Court.
-
Labour law — Appeals from Industrial Relations Court — Section 65(2) Labour Relations Act — thirty-day statutory appeal period — High Court lacks power to enlarge time — IRC (Procedure) Rules inapplicable in High Court.
|
1 April 2025 |
| March 2025 |
|
|
|
30 March 2025 |
|
Oral preliminary objections are procedurally improper; such issues must be raised by formal application supported by affidavit.
-
Civil procedure — preliminary issues — must be raised by formal application supported by affidavit and skeleton arguments — oral preliminary objections improper — viva voce evidence from counsel inappropriate — improperly raised issue struck out with liberty to refile.
|
25 March 2025 |
|
Court awards K70,000,000 to the applicant for negligent medical treatment causing genital mutilation, including exemplary damages.
|
16 March 2025 |
|
Court denied the applicant’s request to relocate three children to Canada as contrary to their best interests.
-
Child relocation — best interests of the child; parental capacity and financial stability; continuity and family relationships; compliance with Malawi dual-citizenship law; unilateral registration of minor’s foreign citizenship.
|
14 March 2025 |
|
Registrar’s total non-response to information requests on political party funding was unlawful and required written explanation; fee non-payment alone did not justify silence.
-
Access to information — political party funding — duty of Registrar to respond — constitutional right of access (s.37) — Political Parties Act s.36 — subsidiary fees and competence of requests — absence of regulations — judicial review of administrative non-response.
|
12 March 2025 |
|
High Court affirms unfair dismissal but reduces an IRC award, restricting boosting and interest in labour compensation.
-
Employment law — conversion of fixed-term to indefinite contract — unfair dismissal under sections 28 and 57 of the Employment Act; Labour compensation — judicial discretion under section 63(4) — limits on boosting, inflation adjustments and interest in labour awards; Civil procedure — compliance with pleadings and effect of failure to amend.
|
12 March 2025 |
|
Respondent awarded 50% shares in matrimonial assets due to non‑monetary contributions and equality‑as‑equity principle.
-
Matrimonial property — recognition of non‑monetary contributions — beneficial interest; distribution of assets on divorce — equality‑as‑equity principle; intention v contribution test for joint ownership; application of CEDAW and Maputo Protocol.
|
11 March 2025 |
|
Leave for judicial review of a Law Society disciplinary process was discharged as premature; disciplinary self-regulation aligns with procedural-fairness rights.
-
Administrative law — judicial review — permission to commence — prematurity of review before disciplinary hearing; Legal profession — self-regulation and disciplinary jurisdiction; Constitutional law — section 43 right to procedurally fair administrative action; Professional ethics — personal conduct on social media as conduct bringing profession into discredit.
|
11 March 2025 |
|
High Court reversed conviction entered in absentia for felony; ordered trial to continue upon arrest and plea to amended charges.
-
Criminal procedure — review — High Court power to call records — Trial in absentia — section 248 CP&EC — felony charges — requirement to issue warrant and bring accused before court — convictions where accused did not plead to amended charge.
|
7 March 2025 |
|
Whether a public officer failed to declare a close associate’s interest and whether foreign intelligence evidence was admissible.
-
Criminal law — s25D(2)(a) Corrupt Practices Act — failure to declare interest — scope of ‘interest’ and ‘close associate’ — interplay with PPDA Act; admissibility of foreign intelligence/evidence obtained under an MOU; case‑to‑answer test under s313 CP&EC.
|
4 March 2025 |
| February 2025 |
|
|
Ex parte freezing injunction vacated after applicant suppressed material related‑party and forensic‑audit facts.
-
Civil procedure — freezing injunctions — Order 10 r.11, r.12(2)(b) CPR — requirements: good and arguable case, assets likely to form part of judgment, risk of dissipation — equitable relief requires full and frank disclosure — clean hands doctrine — proportionality of freezing orders — relevance of forensic audit and related-party conflicts.
|
7 February 2025 |
|
Claim dismissed for want of prosecution after counsel failed to renew licence and timely inform the claimant.
-
Civil procedure — dismissal for want of prosecution; counsel's duty to maintain valid practising licence (LELPA s30); duty to inform client and arrange alternative representation (LELPA s31(5)); adjournment discretionary; costs for prejudice caused by counsel's conduct.
|
6 February 2025 |
|
Court orders pending appeal to determine custody and proposed relocation, stays parallel proceedings, prioritizing the child’s best interests.
-
Family law — Child custody and access — Proposed relocation of child abroad (Portugal) — Jurisdiction to dissolve marriage — Best interests of the child (Constitution s.23) — Stay of parallel proceedings — Recusal: reasonable apprehension of bias test — Review vs appeal.
|
3 February 2025 |