Results.
5,308 judgments found.
|
|
|
| January 2024 |
|
|
Court dismissed both claim and counterclaim for want of prosecution after 35 months' inaction.
-
Civil procedure — dismissal for want of prosecution — Order 12 r 54 — inordinate and inexcusable delay — abuse of court process — counterclaim also dismissed — costs: each party to bear own costs.
|
25 January 2024 |
|
Both claim and counterclaim dismissed for want of prosecution after 35 months' inaction; each party to bear its own costs.
-
Civil procedure — Dismissal for want of prosecution under Order 12, rule 54 — Inordinate delay and abuse of process — Counterclaim also dismissed — Overriding objective and case-management non-compliance — Costs: each party to bear own costs.
|
25 January 2024 |
|
Summary judgment granted where defence was a sham; stay for related criminal proceedings denied.
-
Civil procedure — stay of civil proceedings pending criminal proceedings; summary judgment — general denial treated as sham under Order 7 r 6 CPR; monetary claims vs criminal restitution; party-and-party costs only.
|
24 January 2024 |
|
A dispute founded on employment contract restraints belongs to the Industrial Relations Court, not the High Court Commercial Division.
-
Jurisdiction — High Court (Commercial Division) v Industrial Relations Court — employment contract disputes; restraint of trade in employment — enforceability and reasonableness vis-à-vis constitutional right to work (s.29); definition of "commercial matter" (Courts Act s.2).
|
22 January 2024 |
|
Whether a restraint-of-trade claim arising from employment belongs to the Industrial Relations Court rather than the Commercial Division.
-
Jurisdiction — Commercial Division v Industrial Relations Court — enforcement of post‑termination restraint in employment contract — whether dispute is commercial or labour — reasonableness of restraint and constitutional right to economic activity (section 29).
|
22 January 2024 |
|
Court set aside a without-notice injunction after the claimant failed to comply with filing, service and attendance conditions.
-
Civil procedure — interlocutory injunctions — without-notice orders — inherent power to set aside/discharge suo motu — non-compliance with terms (filing, service, attendance) — Order 10 r.27 — overriding objective.
|
22 January 2024 |
|
Widow and children entitled to occupy customary land; Msudzulo cannot lawfully deprive them of inheritance or possession.
-
Customary law — Msudzulo ceremony — customary practice versus constitutional rights; Inheritance on customary land — Deceased Estates (Wills, Inheritance and Protection) Act — immediate family entitlement; Proof and admissibility — requirement of sworn verification for pleadings; Procedural dismissal of counterclaim.
|
17 January 2024 |
|
Respondent’s internal negligence or poor communication does not justify setting aside a default judgment or staying its execution.
-
Industrial Relations Court — default judgment — service of process — setting aside default judgment — stay of execution pending appeal — burden to show special circumstances — internal negligence not sufficient — assessment of compensation to proceed.
|
17 January 2024 |
|
Court orders in‑chambers inspection of classified Defence documents; dismisses time‑barred breach‑of‑trust counts under section 302A.
-
Criminal procedure — disclosure vs national security — in-camera judicial inspection of classified Defence Council/MDF documents; public interest immunity; right to fair trial and disclosure obligations; particulars of bribery charges (unspecified amounts) — not fatal; statutory limitation — section 302A CP&EC — strict construction, time-barred misdemeanour counts discharged.
|
12 January 2024 |
|
Where no appeal is pending, the SCA will not entertain fresh injunction applications; section 4 and 10 bar relief against government.
-
Civil procedure — jurisdiction of the Supreme Court of Appeal to hear original interlocutory applications; Order 1 r.18 and s.7 SCA Act; distress for rent — adequacy of damages; injunctions against Government/public officers — s.10 and mandatory pre‑suit notice under s.4; equitable relief and clean hands rule.
|
11 January 2024 |
|
This Court lacked jurisdiction under Order I r18 to grant a stay of an IRC award governed by section 65(3) of the Labour Relations Act.
-
Labour Relations Act s65(3) — stay of execution — concurrent jurisdiction of IRC and High Court — Order I r18 SCA Rules — limits of Supreme Court of Appeal jurisdiction — requirement of statutory conferment of jurisdiction.
|
10 January 2024 |
|
Court discharged the 1st accused under section 247 CP & EC after the State conceded it had no evidence and could not proceed.
-
Criminal law — discharge of accused under section 247 CP & EC where prosecutor unable or unwilling to proceed — inapplicability of section 270 at substantive High Court trial — discontinuance power of DPP under section 77/section 99 — protection against prosecution without credible evidence.
|
9 January 2024 |
|
Applicant discharged under section 247 due to prosecutorial inability to produce evidence; court warns against prosecutions without evidence.
-
Criminal procedure — Discharge under section 247 CP & EC where prosecutor unable/unwilling to proceed; discontinuance as DPP's exclusive constitutional power; inapplicability of section 270 at substantive trial stage; prosecutorial duty to terminate prosecutions lacking credible evidence; abuse of process and protection of personal liberty.
|
9 January 2024 |
|
Court set aside stay of enforcement and issued a third‑party debt order against the respondent's bank for assessed costs.
-
Civil procedure — stay of execution of costs order — setting aside stay for inordinate delay and failure to prosecute review — third‑party debt order against bank — respondent's ability to repay — costs awarded to respondent.
|
4 January 2024 |
|
Interlocutory application dismissed for being improperly filed and premature without exhausting internal party dispute-resolution mechanisms.
-
Political party disputes — justiciability; exhaustion of internal remedies (Article 18) before judicial intervention; Supreme Court of Appeal jurisdiction — improper reliance on s.7 and Order I r.18; interlocutory judgments and appealability under s.21; interlocutory injunctions — procedural prematurity.
|
3 January 2024 |
|
Stay of execution pending appeal denied for lack of special circumstances and misleading conduct; costs awarded; enforcement ordered.
-
Civil procedure — Stay of execution pending appeal — applicant must show special circumstances; duly served party’s non-attendance and misleading affidavits negate entitlement to stay; costs may be awarded where motion is frivolous or dilatory.
|
2 January 2024 |
| December 2023 |
|
|
Shareholder petition under Companies Act upheld as competent; strike-out and security-for-costs applications dismissed.
-
Companies law — Shareholder actions (ss.341–343) — Distinction between derivative and personal/shareholder actions — Locus standi of post-IPO shareholders; Civil procedure — competency of strike-out applications — limits on invoking inherent jurisdiction; Security for costs — balancing exercise and evidence of ability to pay.
|
29 December 2023 |
|
Dismissal for mis‑posting and failure to account held substantively and procedurally fair; dismissal not unfair.
-
Employment law — Unfair dismissal — substantive fairness: mis‑posting and failure to account for customer deposits; banks’ statutory duty; procedural fairness — notice and representation; burden shift under s61 Employment Act; s57 valid reason for dismissal.
|
24 December 2023 |
|
|
22 December 2023 |
|
SCA application dismissed for lack of jurisdiction and for failing to first pursue the required Court below proceedings.
-
Supreme Court of Appeal jurisdiction — Section 7 SCA Act — Order 1 Rule 18 SCA Rules — requirement to apply first to Court below — disguised appeal — inherent jurisdiction not a substitute for procedural compliance.
|
22 December 2023 |
|
Repeat defilement offender given 30 years’ imprisonment with hard labour due to aggravating factors outweighing mitigation.
|
21 December 2023 |
|
After mandatory death sentence invalidation, resentencing applies general sentencing principles and resulted in 36 years' imprisonment.
-
Criminal law — Resentencing after mandatory death sentence declared unconstitutional — Application of general sentencing principles — Admissibility of unsworn statements at resentencing — Aggravating factors: weapon use and group action — Mitigating factors: absence of premeditation, youth, first offender status, rehabilitation — Fixed term 36 years with hard labour.
|
20 December 2023 |
|
Resentencing after mandatory death penalty invalidation; court imposed 34‑year terms, crediting health and first‑offender status.
-
Constitutional law — resentencing after invalidation of mandatory death sentences; sentencing principles; aggravating factor: group action; mitigating factors: serious ill‑health (HIV/AIDS) and first‑offender status; custodial time accounted for; 34‑year custodial terms imposed.
|
20 December 2023 |
|
On resentencing after an invalid mandatory death sentence, court imposed 42 years’ imprisonment, finding premeditation but insufficient culpability for life or death.
-
Criminal law — Resentencing after unconstitutional mandatory death sentence — Sentencing principles on resentencing — Aggravating factor: premeditation — Mitigating factors: first offender accepted; alleged mental illness and character evidence not given weight due to inadmissibility — Sections 339/340 relief declined — Sentence of 42 years’ imprisonment with hard labour.
|
20 December 2023 |
|
Resentencing after unconstitutional mandatory death: court applies sentencing principles and imposes 37 years' imprisonment for murder.
-
Resentencing after unconstitutional mandatory death — general sentencing principles apply — aggravating: weapon used, premeditation — mitigating: youth and first offender — unsworn statements carry no weight — time served considered.
|
20 December 2023 |
|
Discharge of an INTERPOL red notice did not negate flight risk; court denied bail and recused itself.
-
Criminal procedure — Bail — Change of circumstances — INTERPOL red notice discharge — Flight risk — Court’s independent discretion despite prosecution’s consent — Counsel’s duty to court — Recusal for perceived bias.
|
15 December 2023 |
|
Stay pending appeal continued because impecuniosity was not proven and only quantum was under appeal.
-
Civil procedure — Stay of execution pending appeal — Appeal concerned only quantum — Burden on applicant to prove appeal would be nugatory by demonstrating impecuniosity at time of application — Procedural non-compliance with issuance formalities distinguished where court had previously fixed hearing date.
|
15 December 2023 |
|
Court awarded boosted compensation for unfair dismissal, including employer medical contribution and 20% employee apportionment.
-
Labour law — unfair dismissal — compensation calculation — last known salary and employer MASM medical contribution included for compensation; severance calculated on basic salary only — employee contribution to dismissal (20%) reduces award — mitigation of loss (common law) not applied under Employment Act — uplift/boost for currency devaluation (82%).
|
14 December 2023 |
|
Court awarded boosted compensation for unfair dismissal, including employer medical contribution, reduced for 20% employee contribution.
-
Employment law — unfair dismissal compensation — Sections 63(4) and 63(5) Employment Act — severance under Section 35 and First Schedule — inclusion of employer medical contribution in ‘wages’ for compensation — applicant’s contribution to dismissal (20%) — mitigation/common‑law principles held inapplicable as statutory scheme governs — boosting awards for currency devaluation (82%).
|
14 December 2023 |
|
Single-member court refused an ex parte stay where the lower court had not refused and the affidavit lacked disclosure.
-
Civil procedure — Order 1 r18 — application must first be made to court below; adjournment ≠ refusal; ex parte applications — duty of full disclosure; inadmissible hearsay; powers of single member under section 7 of the Supreme Court of Appeal Act.
|
13 December 2023 |
|
Conviction for defilement confirmed; sentence increased to 25 years due to aggravating factors and evolving sentencing trends.
-
Criminal law — defilement — plea of guilty procedure and confirmation — sentencing principles and trends — limited mitigation from plea/first‑offender status — enhancement of sentence.
|
13 December 2023 |
|
Court assessed just and equitable compensation by service duration, excluded specified benefits from severance, and boosted awards 50% for devaluation.
-
Labour law — unfair dismissal compensation — assessment under Employment Act ss.63(4),(5) — duration of service primary factor — mitigation of loss not a statutory requirement — severance computation per s.35(2) exclusions — uplift for currency devaluation (50%).
|
12 December 2023 |
|
Refusal of leave for judicial review is not appealable; a stay pending appeal requires the correct enabling provisions and procedure.
-
Civil procedure — Stay pending appeal — Enabling provisions — Section 7 Supreme Court of Appeal Act — Order I r18 SCA Rules — Part 52.16 CPR — Refusal of leave for judicial review not appealable; remedy is to reapply to a single member — Stay against enforcement requires Part 54.12/Order 19 r20.
|
12 December 2023 |
|
Fraud must be pleaded with particularity; absent particulars, summary judgment for insured on undisputed insurance claim.
-
Insurance law; summary judgment; fraud allegations must be pleaded with particularity; assessors’ reports; interim payment as evidencing claim acceptance.
|
8 December 2023 |
|
Application to discharge interlocutory injunction dismissed as untimely and misconceived; claimant complied with 14‑day proof requirement.
-
Commercial law — Interlocutory injunction — condition to produce proof of assignment of government proceeds within time — claimant filed within 14 days — defendant’s delayed application to discharge deemed misconceived and abandoned; prior consent order and abuse of process; costs: parties to bear own costs.
|
8 December 2023 |
|
Court reopened a secured loan under s.3 Loan Recovery Act, holding penalty interest unconscionable and unenforceable.
-
Banking & contract law — overdraft facility — default/penalty interest — unenforceable penal clause where loan is secured — Loans Recovery Act s.3 — reopening of transaction — assessment of lawful balance — power of sale conditional on non-payment.
|
7 December 2023 |
|
Summary judgment refused due to triable issues over title to allegedly stolen fertiliser and entitlement to payment.
-
Civil procedure — Summary judgment — Application dismissed where triable issues exist as to title and bona fide purchaser status of allegedly stolen goods, and where claimant alleges loss caused by supply of stolen goods leading to contract cancellation.
|
5 December 2023 |
|
Court awarded two months’ pay per year plus statutory severance, included certain fringe benefits, and ordered refunds and a 10% devaluation boost.
-
Employment law — unfair dismissal — assessment of compensation — application of s.63(4) and (5) Employment Act — duration of service as primary factor; wages definition — inclusion of fringe benefits (airtime, milk, sugar, fuel, housing) and exclusion of employer pension/medical contributions for severance; mitigation of loss not applied as statutory requirement; failure to lead evidence precludes assessment of salary arrears.
|
4 December 2023 |
|
Prosecution failed to prove theft or gross negligence where employer’s lax banking practices created reasonable doubt.
-
Criminal law — Theft by public servant (s283) — presumption of theft and burden to rebut; Negligence by public servant (s284) — requires high degree of gross negligence or recklessness; employer lax banking procedures and corroborated explanation created reasonable doubt.
|
1 December 2023 |
|
Regulator acted ultra vires by treating subscription-management provider as a tariff-setting broadcaster; committee hearing was procedurally fair.
-
Communications law — Tariff regulation (s.74(1)) — Distinction between subscription broadcasting and subscription management services — Scope of licence — Ultra vires review — Delegation to committees (s.15) — Procedural fairness of regulatory enforcement hearing.
|
1 December 2023 |
|
The applicants’ non-consultation before redundancy violated fair labour practices; the SCA precedent was held per incuriam.
-
Labour law — Retrenchment/redundancy — Requirement to consult employees — Fair labour practices (Constitution s31) — Employment Act s57 and s61(2) — ILO Convention 158 (arts 13–14) — Per incuriam decision (Mkaka One) — Remedy: compensation assessment.
|
1 December 2023 |
| November 2023 |
|
|
Security for costs ordered where non-resident, impecunious claimant pursued uncertain and potentially vexatious claims.
-
Civil procedure — security for costs — claimant resident outside jurisdiction and impecunious — uncertain, inconsistent and potentially vexatious pleadings — lack of documentary proof of fund transfers — order for security for costs.
|
29 November 2023 |
|
An agreed consent order is binding; a party cannot later assess interest contrary to that order.
-
Civil procedure — Agreed/consent order — Binding effect of Agreed Order endorsed by court — Assessment of interest — Res judicata — Variation of consent order requires fresh action — Late payment interest claims.
|
29 November 2023 |
|
Court dismissed application to set aside stay of execution, distinguishing appellate ‘inchoate’ doctrine from enforcement procedure.
-
Civil procedure — Summary judgment on liquidated sum — Inchoate judgments and finality — Apex Court jurisprudence on appeals vs enforcement — Order 23 r 6(1) effect of judgment — Order 28 r 11 enforcement order and costs — Stay of execution pending assessment of interest and appeal.
|
23 November 2023 |
|
|
20 November 2023 |
|
Court upheld eight-year custodial sentence for arson, finding it not manifestly excessive despite appellants being first offenders.
-
Criminal law — Arson — Sentence — Whether sentence manifestly excessive — Aggravating factors: mob justice, planning/premeditation, total destruction of property — First offender status insufficient to warrant reduction — Offer to rebuild not a substantial mitigating factor.
|
20 November 2023 |
|
Interlocutory injunction vacated due to suppression of material facts and absence of arguable tenancy right.
-
Interlocutory injunction — ex parte applications — duty of full and frank disclosure — suppression/misrepresentation of material facts — requirement of a serious question to be tried — tenancy evidence and allocation of statutory corporation housing — costs.
|
17 November 2023 |
|
Claimant had no contractual right of first refusal; council sale lawful; action dismissed and claimant ordered to vacate and pay arrears.
-
Local government property disposals — right of first refusal requires contractual or legal instrument; legitimate expectation requires judicial review procedure; failure to advertise does not automatically invalidate council disposals; specific council housing policy governs eligibility.
|
14 November 2023 |
|
Disciplinary minutes not obligatory; dismissal for supervisory neglect upheld; deduction of terminal benefits to recover shortages held unlawful.
-
Employment law — disciplinary procedure and natural justice — no legal requirement to record/tender disciplinary minutes; Appeals from IRC limited to questions of law or jurisdiction (Labour Relations Act s65); supervisory negligence may justify dismissal; Employment Act (ss52,56) restricts deductions from wages and prohibits offsetting unexplained stock shortages against terminal benefits.
|
14 November 2023 |
|
Application for summary disposal dismissed because disputed factual issues (including document authenticity and grounds for dismissal) require a full trial.
-
Industrial relations — Summary disposal on point of law — Procedure permissible only where no disputed facts — Disciplinary proceedings and alleged unfair dismissal — Authenticity of documents and compliance with Employment Act s57 — Matter ordered to substantive hearing.
|
14 November 2023 |