Results.
5,386 judgments found.
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| October 2024 |
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The applicant (Attorney General) lacks standing to be joined where government shareholding is held through a separate corporate entity.
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Joinder of parties — Order 6 r 7 CPR — person "affected by a proceeding"; Company law — separate legal personality (Salomon) and shareholder standing; Contractual clauses — exclusive jurisdiction vs arbitration clause; Civil Procedure Rules — overriding objective and active case management; Judicial conduct — recusal of judge.
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22 October 2024 |
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Failure to consult senior employees before retrenchment amounted to unfair dismissal and an unfair labour practice.
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Employment law — retrenchment for operational requirements — duty to consult employees — fair and equitable procedure under s.61(2) Employment Act and s.31 Constitution — consultant-led functional review — adequacy of consultation; legitimate expectation from proposed contract change; severance versus gratuity/pension entitlements; interest on wrongfully withheld severance.
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22 October 2024 |
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Insurer subrogation succeeds where driver of BR 398 failed to give way, entitling recovery of MK15,390,000 plus interest and costs.
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Road traffic negligence — duty to give way at junction; proof by photographs and damage pattern; insurer’s right of subrogation to sue in insured’s name; discretion to admit late documents under frontloading rules; award of compound interest and costs.
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18 October 2024 |
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The court ceased jurisdiction after referral to arbitration and declined to entertain further applications.
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Arbitration law — Referral to arbitration cedes court jurisdiction — Court obliged to honour arbitration agreement; inability to hear matters once jurisdiction ceded; procedural delay attributable to counsel’s failure to appoint arbitrator.
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16 October 2024 |
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Appeal struck out for inordinate delay where appellant failed to ensure preparation of the record of appeal.
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Civil Procedure
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Appeals from Industrial Relations Court — Striking out appeal for want of prosecution
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Record of Appeal — Duties of appellant and lower court to prepare record under Order XXXIII/Subordinate Court Rules
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Labour Law — Suspension of enforcement pending appeal — Vacatur where appeal is struck out for non‑prosecution
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11 October 2024 |
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An appeal can be struck out for inordinate delay where the appellant fails to ensure timely preparation of the record of appeal.
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Civil procedure — Appeal — Want of prosecution — Delay in preparation of record of appeal — Duties of appellant and court under procedural rules — Inherent jurisdiction to strike out appeal — Suspension of enforcement vacated — Costs under s72 Labour Relations Act
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11 October 2024 |
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A summons signed by a firm rather than a named legal practitioner is a nullity and must be struck out.
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Civil procedure — signature requirements for originating processes — Order 5 r3 & Order 7 r1(h) CPR; Legal Education and Legal Practitioners Act — definition of 'legal practitioner' as natural person on the Roll; firm name not a legal practitioner; originating process signed by firm is nullity and incurable.
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11 October 2024 |
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Registrar rejects originating summons as procedurally defective, abusive, and brought by a claimant lacking standing.
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9 October 2024 |
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High Court found a substantive customary marriage despite statutory publication lapses and re‑ordered equitable distribution, directing executive action on MDFRA implementation.
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Family law — customary marriage formalities under MDFRA (ss.26–29) — effect of non‑compliance — recognition of marriage by substance and conduct; distribution of matrimonial property — principles of fairness, equitable/shared ownership and proof; jurisdiction of magistrate courts in customary divorce matters; state obligation to operationalize MDFRA registration regime.
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4 October 2024 |
| September 2024 |
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Applicant granted leave to appeal out of time; time enlarged seven days; no order for costs.
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Civil procedure — leave to appeal out of time — enlargement of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay.
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30 September 2024 |
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Applicant granted seven-day enlargement and leave to appeal out of time after showing good and substantial reasons and prima facie merit.
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Civil procedure — enlargement of time for appeal — leave to appeal out of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay — discretionary relief (NBS Bank Ltd v R.J. Hamdani)
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30 September 2024 |
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Application for permission to judicially review a disciplinary recommendation was dismissed as statute-barred under the Act.
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Judicial review — statutory limitation under section 96(3) LELPA — 30-day period mandatory and not extendable — permission refused as statute-barred; interim stay/injunction not granted as application dismissed.
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30 September 2024 |
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Summary judgment refused where triable disputes exist about authority, acknowledgment of assignment, and alleged fraud.
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Civil procedure — Summary judgment (Order 12 r.23–27 CPR 2017) — Assignment of proceeds as security — Agency and authority to bind third parties — Alleged fraud/inducement — Existence of triable factual disputes.
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23 September 2024 |
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An assessment of damages is part of the High Court's judgment and cannot be reheard by the same court; appeal and stay are the proper remedies.
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Civil procedure — assessment of damages — assessment by Registrar forms part of judgment — assessment cannot be reheard by same High Court — remedy is appeal (stay pending appeal), not rehearing; Order 2 r 3(f), Order 10 r 1; Order 31 r 17 limited to costs review; Third Party Debt proceedings.
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19 September 2024 |
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Court refused to forfeit a bonded motor vehicle for late passport surrender, applying substantial justice and not punishing counsel‑caused delay.
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Bail conditions — bonded property — forfeiture for non‑compliance; substantial justice over technicality; liability for counsel’s procedural failures; exercise of judicial leniency.
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17 September 2024 |
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Convicted murderer sentenced to 36 years after balancing premeditation and weapon-use aggravation against mitigation and procedural failures.
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Criminal law — Murder sentencing — section 321J pre-sentence submissions — mitigation and aggravation — premeditation and use of weapon — backdating sentence to date of arrest — caseflow management and counsel misconduct.
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16 September 2024 |
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Emails revised the payment schedule but did not waive the contract expiry; repossession under Clause 14.2 was lawful and claimant's claim dismissed.
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Contract — Hire-purchase — Variation and waiver of payment terms by conduct and correspondence — Waiver by estoppel vs election — Repossession under contractual clause after default — Requirement to plead alleged breach/fraud and prove loss.
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13 September 2024 |
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Interlocutory injunction perpetuated where dispute exists whether respondent exceeded power of sale and damages would be inadequate.
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Interlocutory injunctions — American Cyanamid principles — serious question to be tried; adequacy of damages — perishable and depreciating business assets; power of sale under power of attorney; preservation of status quo; defendant’s retention as party despite transfer/registration.
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5 September 2024 |
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Court refused to dismiss for want of prosecution and ordered mediation, citing court-attributable delay.
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Civil procedure — dismissal for want of prosecution — court’s inherent jurisdiction — undue delay partly caused by court’s failure to fix mediation date — order for mediation instead of dismissal; no order as to costs.
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3 September 2024 |
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Whether to discharge an interlocutory injunction and summarily dismiss a bank’s power-of-sale claim amid disputed loan figures and unregistered charges.
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Interlocutory injunctions — American Cyanamid test — serious question to be tried; adequacy of damages; balance of convenience. Power of sale — Registered Land Act — requirement to register subsequent charges; effect of failure to register. Equitable mortgage by deposit of title deeds. Duty to provide full statement of account and reconciliation. Summary disposal — no arguable case threshold
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3 September 2024 |
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Claimant in rent arrears; landlord’s seizure (distress) and sealing lawful; claimant’s tort and excess‑distress claims fail.
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Landlord and tenant — rent arrears — distress for rent — right to distrain by landlord or authorised officers without warrant — sealing of premises and re‑entry under lease — excess distress and damage — force majeure (COVID‑19) not available absent clause — false imprisonment and defamation not proved — counterclaim barred while distress subsists.
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3 September 2024 |
| August 2024 |
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Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
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Judicial review — Registrar's refusal to issue court documents — issuance as a judicial function requiring application of judicial mind — decisions of Registrar exercising judicial functions not amenable to judicial review — alternative remedy by appeal — exhaustion of remedies.
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12 August 2024 |
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Permission for judicial review refused because the Assistant Registrar’s act was judicial and appeal, not review, was the appropriate remedy.
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Judicial review — Registrar’s functions — Issuance/rejection of court processes as judicial acts — Amenability to judicial review vs appeal — Alternative remedy (appeal) required before review — Natural justice and ultra vires challenge to admission-to-bar decision.
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12 August 2024 |
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Permission to seek judicial review denied because the Registrar acted in a judicial capacity and an appeal, not review, was the appropriate remedy.
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Administrative law — judicial review — registrar’s issuance of court processes is a judicial function; decisions by a registrar exercising judicial power are not amenable to judicial review but to appeal; judicial review is a remedy of last resort where alternative remedies exist.
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12 August 2024 |
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Court set aside party executive’s candidate‑eligibility rules as ultra vires and violative of members’ constitutional political rights.
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Constitutional and party law — justiciability of intra‑party disputes — locus standi of party member — ultra vires acts by party executive — limitation of members’ political rights — Section 40 Constitution — Political Parties Act compliance.
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6 August 2024 |
| July 2024 |
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Claims of negligence and defamation against auditors over a confidential forensic report dismissed; no duty owed to the claimant.
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Auditor liability — duty of care limited to commissioning client; negligent misstatement — proximity and foreseeability; defamation — necessity of adoption and publication; confidentiality and court-ordered disclosure; compliance with ISRS 4400.
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31 July 2024 |
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Court refused immediate release but ordered alternatives, a 30‑day deportation ceiling, non‑detention of children and reporting by the State.
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Immigration law — detention limits under Immigration Act s.14(1) and Regulations (Reg.14(3)) — constitutional right to liberty — reasonable 30‑day ceiling pending deportation — alternatives to prison (temporary permits, bond, non‑prison facilities, self‑repatriation) — non‑detention of children — structural interdict and court oversight of implementation.
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29 July 2024 |
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Applicants detained beyond the 90-day pretrial limit for murder; court found detention unlawful and ordered conditional release on bail.
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Constitutional right to challenge detention (s42) — pre-trial custody limit for murder (s161G CP & EC) — power to grant bail after expiry of custody time limit (s161I CP & EC) — unlawful detention — release on bail with conditions.
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29 July 2024 |
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29 July 2024 |
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Removal of a village headman without being heard breached natural justice and was quashed.
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Administrative law — Judicial review — Procedural fairness and natural justice; section 43 Constitution (administrative justice); Chiefs Act s.9 — appointment/removal of village headmen; interpretation of administrative circular; Wednesbury unreasonableness; remedy — certiorari and costs.
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26 July 2024 |
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Convictions upheld; enhanced sentences set aside because the appellant was not given notice or a hearing before enhancement.
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Criminal law — Defilement and child trafficking — Convictions upheld; Sentence enhancement — appellate increase set aside for failure to afford audi alteram partem — Right to be heard before adverse sentencing order — Late filing of skeleton arguments allowed as exception — State nonattendance at apex court criticized.
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23 July 2024 |
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Consent judgment ordering defendants to pay claimant, third party to refund failed forward-exchange proceeds, and State to ensure funding.
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Civil procedure — Consent judgment — Settlement enforcement; Commercial/contract law — refund for total failure of consideration under modified forward exchange contract; Escrow/escrow-account directions — joint control, restricted release and priority of disbursement; State involvement — direction to ensure funding to satisfy judgment.
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22 July 2024 |
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Default judgment for terminal benefits is not taxable; collection costs payable but without interest, Registrar to assess.
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Taxation of judgment debts — terminal/post-employment benefits — characterization of monthly payments as net versus gross — prohibition on double taxation — collection costs payable but no interest — Registrar to assess collection costs.
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22 July 2024 |
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Failure to inform an unrepresented accused of statutory defences in defilement proceedings vitiates the conviction and mandates retrial.
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Criminal procedure — Plea of guilty — s251(2) CP&EC — requirement to ascertain accused understands nature and consequences of plea; Criminal law — Defilement — s138 Penal Code — statutory defences (age-difference/consent) — duty of trial court to explain defences to unrepresented accused; Fair trial — omission to inform of defences vitiates conviction — conviction reversed and retrial ordered.
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21 July 2024 |
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Failure to comply with scheduling conference directions justified striking out the 1st defendant’s defence and dismissing its counterclaim.
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Civil procedure — scheduling conference directions — mandatory compliance with Order 14 — effect of non-compliance (Order 14 r.5) — striking out defence and dismissal of counterclaim as sanction — section 47 General Interpretation Act inapplicable to court directions — good cause required to avoid sanctions.
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17 July 2024 |
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The claimant cannot sue defendants to set aside a consent judgment for alleged former-counsel misconduct; action dismissed with prejudice.
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Civil procedure — Consent orders — Setting aside consent judgment — Grounds required: mistake/fraud or material/supervening change — Pleading particularity — Misconduct by former counsel is remedy against counsel, not basis against opposing parties — Frivolous/vexatious actions and abuse of process — Dismissal with prejudice and costs.
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17 July 2024 |
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Attempt to set aside a consent judgment dismissed as frivolous; claimant should sue former lawyers or enforce the order.
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Civil procedure — setting aside consent orders — requirement to plead mistake, misrepresentation or material supervening change — abuse of process — remedy against former lawyers or by enforcing consent judgment.
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17 July 2024 |
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Action to set aside a consent order dismissed as disclosing no reasonable cause and an abuse of court process.
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Civil procedure — setting aside consent orders — necessity to plead and particularise mistake, misrepresentation or material supervening event; remedies against former lawyers versus setting aside consent judgment; dismissal for frivolous, vexatious or abusive proceedings.
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17 July 2024 |
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Claimant failed to prove ownership or arbitrary appropriation; land was likely acquired via community consent and compensated, claim dismissed with costs.
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Property law — proof of ownership and representative capacity — arbitrary appropriation of land — customary land acquisition procedures and compensation — evidential burden and failure to call material witness.
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17 July 2024 |
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Applicant proved false imprisonment and defamation by the retailer and assault by police, entitling her to damages.
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False imprisonment; assault and battery; defamation; shop detention; police misconduct; damages; civil burden and balance of probabilities.
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16 July 2024 |
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Limitation Act does not apply to customary land without proving local customary law; succession governed by Deceased Estates Act.
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Customary land — Limitation Act inapplicable without proof of local customary rules; succession to customary land governed by Deceased Estates (Wills, Inheritance and Protection) Act; allocation and long possession as evidence of customary ownership.
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15 July 2024 |
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Driver negligent; claimant partly contributorily negligent; liability apportioned 60% defendants, 40% claimant; insurer limited by policy.
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Road traffic negligence — duty of care and lookout — narrow road and large vehicle — contributory negligence — apportionment 60/40 — vicarious liability of owner — insurer liability subject to policy limit (includes party-and-party costs).
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15 July 2024 |
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Court held statute (Insolvency Act) prevails over CPR; receiver appointment required notice, so enforcement suspended.
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Appointment of receiver — Order 28 r.29 & r.30 CPR — s.78(1) Insolvency Act — conflict between statute and subsidiary rules — requirement of notice to company — service of statutory demand — procedural compliance with sworn statements — s.79 notification by receiver.
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5 July 2024 |
| June 2024 |
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Court upheld Penal Code provisions criminalising certain same-sex sexual conduct and dismissed constitutionality challenges.
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Constitutional law — Criminal law — Sections 153(a), 154, 156 Penal Code — Whether offences criminalising "carnal knowledge against the order of nature", attempts and male-on-male gross indecency violate rights to equality, privacy, dignity, personal liberty and fair trial — Interpretation of the Constitution — Scope of right to privacy — Presumption of constitutionality — Locus standi — Referral procedure for constitutional questions.
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28 June 2024 |
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Bail granted where the State failed to prove incomplete investigations or likelihood of witness intimidation justified continued detention.
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Criminal procedure — Bail and release pending investigation — Constitutional right to release with or without bail (s.42) — State’s burden to show interests of justice — Incomplete investigations not, by themselves, a ground to deny bail — 48‑hour rule and police subject to court direction.
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26 June 2024 |
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Employee unfairly dismissed due to procedural bias and defective charges; awarded compensation, severance and notice pay.
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Employment law — Unfair dismissal — Procedural fairness and natural justice — Investigator sitting on disciplinary panel (bias) — Insufficient particulars in charges — Employer’s burden to prove valid reason and act with justice and equity — Compensation and severance calculations — Bonus eligibility.
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24 June 2024 |
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A late application for security for costs was dismissed where claimant rebutted jurisdictional and asset concerns and delay made the order oppressive.
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Security for costs — Order 32 CPR — residence and central management — assets and enforceability of costs — delay in bringing application — prospects of success — oppressive/stifling effect.
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19 June 2024 |
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No prima facie case: causation and trafficking (abuse of law/purpose) not proved; confessions limited in weight.
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Criminal law — Prima facie case — Manslaughter (unlawful act/gross negligence) — Causation — Admissibility and weight of caution statements (s.176 CP&EC) — Trafficking in persons — Elements: act, means ("abuse of law"), purpose (exploitation) — Circumstantial evidence and identification parade reliability.
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19 June 2024 |
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Stay of execution upheld where registry-caused appeal delay and respondent’s concealment of related conviction negated discharge.
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Forfeiture and stay of execution — application to discharge stay for alleged inordinate delay — duty of Registrar/Registry to prepare record of appeal — shortcomings in record not attributable to appellant — concealment of parallel money-laundering conviction involving same seized funds — discretion to refuse relief and award costs.
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19 June 2024 |
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Application for permission to apply for judicial review dismissed for failing to follow the correct procedural provisions.
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Civil procedure — Judicial review — Procedure for seeking permission after High Court refusal — Supreme Court of Appeal Act s.8 and CPR 1998 Part 52.15 govern practice — Incorrect reliance on SCA s.7, Order II, or High Court Order 19 rules — Procedural incompetence warrants dismissal; interlocutory relief falls away.
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14 June 2024 |