Results.
5,386 judgments found.
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| February 2024 |
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Summary judgment refused due to genuine disputes over repayment, interest, and entitlement to punitive damages.
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Summary judgment — Genuine dispute of fact — Repayment of guaranteed funds — Assessment of interest and loss — Punitive damages in contract require proof of deliberate tortious conduct — Mediation or trial required.
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12 February 2024 |
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Summary judgment granted for a written MK10,000,000 loan; defendant’s illegality and repayment defences found unarguable.
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Contract law — written loan agreement — existence and enforceability; summary disposal under procedural rules; illegality defence and Financial Services Act; unconscionability and bargaining power; estoppel and proof of repayment.
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6 February 2024 |
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1 February 2024 |
| January 2024 |
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Conviction quashed where facts established incest requiring DPP's written consent; trial ordered de novo with directions.
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Criminal procedure — Review of subordinate court proceedings — Charge irregularity; incest (s.157 Penal Code) vs rape (s.133 Penal Code); requirement of DPP's written consent for prosecutions within prohibited degrees of consanguinity; conviction quashed; trial de novo ordered.
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30 January 2024 |
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Assessment of quantum for unfair dismissal, gratuity, pension and notice pay under Defence Force Regulations.}
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29 January 2024 |
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Whether a Final Third-Party Debt Order can be set aside for alleged misrepresentation of claimant’s status (sole trader v partnership).
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Civil procedure — Third-Party Debt Order — application to set aside Final Third-Party Debt Order; Partnership law — status of claimant (sole trader v partnership) and effect on liability; Courts (High Court) (Civil Procedure) Rules 2017 — Order 28 rule 17 — objections pre-final order; Abuse of process — striking out.
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29 January 2024 |
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Section 73(2) mandates counsel only where the other party is, or is represented by, a legal practitioner.
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Labour law — Industrial Relations Court — Legal representation — Section 73(2) mandatory where other party is or is represented by a legal practitioner
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Statutory interpretation — Mandatory language "shall" — No judicial addition or discretionary gloss on clear statutory conditions
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Civil procedure — Corporate parties and representation — Other statutes do not displace Labour Relations Act procedural scheme
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29 January 2024 |
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Employer must consult employees before retrenchment; ministerial forced leave without consultation amounted to unfair dismissal and unfair labour practices.
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Labour law — retrenchment — duty to consult employees before operational dismissals — Ministerial directive without Board authority — unfair dismissal; unfair and unsafe labour practices — compensation assessment.
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29 January 2024 |
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27 January 2024 |
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Claimant failed to prove defendant’s negligence or statutory breach in fire allegedly caused by high voltage; claim dismissed with costs.
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Tort — Negligence in electricity supply; causation; high voltage vs high current; short-circuit principles; res ipsa loquitur inapplicable; statutory reporting/arbitration (MERA) not mandatory.
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25 January 2024 |
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Interim injunction continued pending trial as triable issue exists over whether a counteroffer negated the sale agreement; damages inadequate for land.
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Property law — interim injunction — existence of enforceable agreement for sale of land — whether offeree’s response amounted to a counteroffer or mere request for variation — adequacy of damages for land — balance of convenience — referral to mediation.
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25 January 2024 |
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Interim injunction maintained due to triable issue on offer/counteroffer and inadequacy of damages for land.
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Interim injunction — whether a triable issue exists as to formation of contract (offer v counteroffer) — uniqueness of land and inadequacy of damages — balance of convenience — continuation of interlocutory injunction; referral to mediation.
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25 January 2024 |
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Court dismissed both claim and counterclaim for want of prosecution after 35 months' inaction.
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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.
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25 January 2024 |
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Both claim and counterclaim dismissed for want of prosecution after 35 months' inaction; each party to bear its own costs.
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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.
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25 January 2024 |
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Summary judgment granted where defence was a sham; stay for related criminal proceedings denied.
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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.
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24 January 2024 |
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A dispute founded on employment contract restraints belongs to the Industrial Relations Court, not the High Court Commercial Division.
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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).
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22 January 2024 |
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Whether a restraint-of-trade claim arising from employment belongs to the Industrial Relations Court rather than the Commercial Division.
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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).
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22 January 2024 |
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Court set aside a without-notice injunction after the claimant failed to comply with filing, service and attendance conditions.
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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.
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22 January 2024 |
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E-money services by a non-bank are not banking services and are not VAT-exempt under section 20.
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Tax Law — Value Added Tax — Banking services — Whether e-money services provided by a non-bank e-money service provider qualify for VAT exemption under section 20 of the VAT Act
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Payment Systems — E-money Regulation — Scope of e-money services — Whether non-bank e-money service providers may conduct banking business, accept deposits, or charge interest — Payment Systems (E-money) Regulations regs 5(3), 5(4), 5(7) and Banking Act s3
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19 January 2024 |
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Widow and children entitled to occupy customary land; Msudzulo cannot lawfully deprive them of inheritance or possession.
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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.
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17 January 2024 |
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Respondent’s internal negligence or poor communication does not justify setting aside a default judgment or staying its execution.
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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.
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17 January 2024 |
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Court orders in‑chambers inspection of classified Defence documents; dismisses time‑barred breach‑of‑trust counts under section 302A.
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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.
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12 January 2024 |
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Where no appeal is pending, the SCA will not entertain fresh injunction applications; section 4 and 10 bar relief against government.
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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.
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11 January 2024 |
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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.
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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.
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10 January 2024 |
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Court discharged the 1st accused under section 247 CP & EC after the State conceded it had no evidence and could not proceed.
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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.
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9 January 2024 |
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Applicant discharged under section 247 due to prosecutorial inability to produce evidence; court warns against prosecutions without evidence.
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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.
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9 January 2024 |
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Court set aside stay of enforcement and issued a third‑party debt order against the respondent's bank for assessed costs.
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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.
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4 January 2024 |
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Interlocutory application dismissed for being improperly filed and premature without exhausting internal party dispute-resolution mechanisms.
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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.
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3 January 2024 |
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Stay of execution pending appeal denied for lack of special circumstances and misleading conduct; costs awarded; enforcement ordered.
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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.
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2 January 2024 |
| December 2023 |
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Shareholder petition under Companies Act upheld as competent; strike-out and security-for-costs applications dismissed.
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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.
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29 December 2023 |
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Dismissal for mis‑posting and failure to account held substantively and procedurally fair; dismissal not unfair.
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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.
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24 December 2023 |
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22 December 2023 |
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SCA application dismissed for lack of jurisdiction and for failing to first pursue the required Court below proceedings.
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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.
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22 December 2023 |
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Repeat defilement offender given 30 years’ imprisonment with hard labour due to aggravating factors outweighing mitigation.
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21 December 2023 |
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After mandatory death sentence invalidation, resentencing applies general sentencing principles and resulted in 36 years' imprisonment.
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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.
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20 December 2023 |
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Resentencing after mandatory death penalty invalidation; court imposed 34‑year terms, crediting health and first‑offender status.
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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.
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20 December 2023 |
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On resentencing after an invalid mandatory death sentence, court imposed 42 years’ imprisonment, finding premeditation but insufficient culpability for life or death.
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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.
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20 December 2023 |
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Resentencing after unconstitutional mandatory death: court applies sentencing principles and imposes 37 years' imprisonment for murder.
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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.
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20 December 2023 |
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Discharge of an INTERPOL red notice did not negate flight risk; court denied bail and recused itself.
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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.
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15 December 2023 |
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Stay pending appeal continued because impecuniosity was not proven and only quantum was under appeal.
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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.
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15 December 2023 |
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Court awarded boosted compensation for unfair dismissal, including employer medical contribution and 20% employee apportionment.
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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%).
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14 December 2023 |
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Court awarded boosted compensation for unfair dismissal, including employer medical contribution, reduced for 20% employee contribution.
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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%).
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14 December 2023 |
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Single-member court refused an ex parte stay where the lower court had not refused and the affidavit lacked disclosure.
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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.
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13 December 2023 |
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Conviction for defilement confirmed; sentence increased to 25 years due to aggravating factors and evolving sentencing trends.
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Criminal law — defilement — plea of guilty procedure and confirmation — sentencing principles and trends — limited mitigation from plea/first‑offender status — enhancement of sentence.
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13 December 2023 |
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Court assessed just and equitable compensation by service duration, excluded specified benefits from severance, and boosted awards 50% for devaluation.
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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%).
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12 December 2023 |
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Refusal of leave for judicial review is not appealable; a stay pending appeal requires the correct enabling provisions and procedure.
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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.
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12 December 2023 |
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Fraud must be pleaded with particularity; absent particulars, summary judgment for insured on undisputed insurance claim.
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Insurance law; summary judgment; fraud allegations must be pleaded with particularity; assessors’ reports; interim payment as evidencing claim acceptance.
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8 December 2023 |
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Application to discharge interlocutory injunction dismissed as untimely and misconceived; claimant complied with 14‑day proof requirement.
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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.
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8 December 2023 |
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Court reopened a secured loan under s.3 Loan Recovery Act, holding penalty interest unconscionable and unenforceable.
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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.
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7 December 2023 |
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Summary judgment refused due to triable issues over title to allegedly stolen fertiliser and entitlement to payment.
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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.
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5 December 2023 |