Results.
128 documents found.
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The claimant’s late-registered lease was void; earlier registered lease prevails and the trespass claim is dismissed.
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Deeds Registration Act — mandatory registration period; late registration renders instrument void — priority of registration under s.8
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Trespass — possessory tort; possession ordinarily sufficient but yields to superior registered title. Nemo dat quod non habet — unregistered surrender ineffective; re-grant by minister invalid if prior lease subsists. Res judicata — default judicial review judgment not a merits-based bar; identity of parties and merits required
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Limitation — bars affirmative claims but does not preclude defendants relying on historical title defensively
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Relief — interlocutory injunction vacated; court-directed survey to demarcate customary land boundaries
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Judgment |
30 December 2025 |
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Claimant proved agreement for Malawi Kwacha equivalent compensation referenced to US$25,000; quoting foreign currency as reference not illegal.
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Contract — agreement to pay Malawi Kwacha equivalent of foreign currency — reference currency permissible; Civil procedure — burden and standard of proof on balance of probabilities; Evidence — adverse inference from failure to call material witnesses; Exchange control — quoting or indexing to foreign currency does not per se constitute illegality.
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Judgment |
26 November 2025 |
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Whether the applicant is entitled to continue an interlocutory injunction despite a one-day late filing and alleged non-disclosure and stamping issues.
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Interlocutory injunctions — Order 10 Rule 27 (CPR 2017) — American Cyanamid principles — serious question to be tried; adequacy of damages; preservation of status quo — CPR Order 2 cure of irregularity — duty of full and frank disclosure for ex parte relief — equity and unclean hands — effect of unstamped agreements where party treats contract as operative.
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Judgment |
21 November 2025 |
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The applicant’s application to set aside a default judgment succeeded due to non-service and an arguable defence.
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Civil procedure — Setting aside default judgment — Non-service of originating process — Delay in bringing application — Prospects of defence — Prejudice — Vacatur of interlocutory injunction.
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Judgment |
20 November 2025 |
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Section 100 petition confined to Commission‑decided complaints; one unsigned result sheet found but did not affect election, petition dismissed.
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Election law — Section 100 appeal limited to matters decided by the Commission; scope of election petitions; irregularity defined as non‑compliance with the Act; presiding officer’s signature mandatory on result sheets; criminal electoral offences (handouts, unlawful campaigning) are for criminal process and require conviction before affecting election outcome; burden of proof on petitioner on balance of probabilities.
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Judgment |
11 November 2025 |
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High Court set aside committal for extradition due to procedural unfairness, evidentiary defects, improper authentication, and safety concerns for applicants.
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Extradition — procedural fairness — right to be heard; adequacy of judicial reasons; authentication of extradition documents; hearsay and admissibility; linkage between ATP, warrants and charges; specialty and statutory compliance; consideration of safety, delay and bad faith.
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Judgment |
31 October 2025 |
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A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
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Gender Equality Act — right to sexual and reproductive health; Penal Code s243 — preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
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Judgment |
28 October 2025 |
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Leave for judicial review dismissed for deficient drafting, but applicant granted liberty to refile with notice to respondent.
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Judicial review — leave to apply — procedural and drafting deficiencies (typos, wrong citations, unclear arguments) — Order 19 CPR — dismissal with liberty to refile — notice to respondent.
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Judgment |
22 September 2025 |
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Failure of the Returning Officer to notify a nomination defect rendered the exclusion unlawful despite incorrect fee paid at presentation.
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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.
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Judgment |
9 September 2025 |
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Chief Justice certifies the whole proceeding as constitutional; certification is a judicial, conclusive act not amenable to review or appeal.
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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.
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Judgment |
2 September 2025 |
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Court refused challenge to Acting Director’s authority, stayed 24‑hour production requirement, and granted review permission on campaign speech vs ACB investigatory powers.
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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.
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Judgment |
31 August 2025 |
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Claimant lacked a cognisable right and sufficient interest to seek judicial review of the appointment; application dismissed and costs awarded.
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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.
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Judgment |
20 August 2025 |
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Judgment |
18 August 2025 |
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Judgment |
18 August 2025 |
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Judgment |
11 August 2025 |
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Court declared multiple constitutional breaches in a detained child’s treatment and ordered declarations, mandamus, compensation and costs.
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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.
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Judgment |
19 June 2025 |
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An unwarned shot by a police officer killed an innocent bystander; the police service held vicariously liable, revenue authority not liable.
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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.
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Judgment |
19 June 2025 |
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Court exercised inherent jurisdiction to release a deteriorating vehicle from custody, imposing conditions to protect the applicant's claim.
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Civil procedure — Inherent jurisdiction — Release of property in Court custody to prevent deterioration — Interim protective conditions to safeguard parties' substantive rights.
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Judgment |
28 May 2025 |
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The respondent's application for leave to appeal was denied because the High Court's review judgment remained inchoate pending assessment of terminal dues.
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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.
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Judgment |
22 May 2025 |
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An expired, unrenewed summons served outside the three‑month period is ineffectual and justified striking out the claim.
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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.
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Judgment |
9 May 2025 |
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Judicial review of the DPP’s prosecutorial decisions is exceptional; applicants must first exhaust parliamentary and criminal remedies.
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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.
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Judgment |
28 April 2025 |
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Accrued annual leave cannot be forfeited; employer must pay untaken earned leave on termination.
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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).
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Judgment |
25 April 2025 |
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The employer's appeal against compensation for the respondent's constructive dismissal was dismissed; s63 discretion upheld.
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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).
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Judgment |
4 April 2025 |
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Court stayed disciplinary processes and dismissal pending trial given triable issues over tribunal competence and executive authority.
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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.
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Judgment |
1 April 2025 |
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The High Court has no jurisdiction to enlarge the statutory 30‑day appeal period from the Industrial Relations Court.
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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.
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Judgment |
1 April 2025 |
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Oral preliminary objections are procedurally improper; such issues must be raised by formal application supported by affidavit.
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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.
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Judgment |
25 March 2025 |
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Court awards K70,000,000 to the applicant for negligent medical treatment causing genital mutilation, including exemplary damages.
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Judgment |
16 March 2025 |
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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.
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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.
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Judgment |
12 March 2025 |
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Leave for judicial review of a Law Society disciplinary process was discharged as premature; disciplinary self-regulation aligns with procedural-fairness rights.
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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.
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Judgment |
11 March 2025 |
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High Court reversed conviction entered in absentia for felony; ordered trial to continue upon arrest and plea to amended charges.
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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.
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Judgment |
7 March 2025 |
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Whether a public officer failed to declare a close associate’s interest and whether foreign intelligence evidence was admissible.
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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.
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Judgment |
4 March 2025 |
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Ex parte freezing injunction vacated after applicant suppressed material related‑party and forensic‑audit facts.
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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.
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Judgment |
7 February 2025 |
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Court orders pending appeal to determine custody and proposed relocation, stays parallel proceedings, prioritizing the child’s best interests.
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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.
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Judgment |
3 February 2025 |
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Failure to serve the mandatory pre‑suit notice and the time‑barred nature of the dispute rendered the applicants’ claim and motion a nullity.
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Civil procedure — pre‑suit notice mandatory under Civil Procedure (Suits By and Against Government) Act s4 — non‑compliance renders action a nullity; administrative law — challenges to Ministerial implementation of statutory pension scheme are matters for judicial review; limitation — three‑month rule for judicial review; declaratory relief cannot circumvent pre‑suit notice requirement.
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Judgment |
3 February 2025 |
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Exit agreement signed under economic duress: dismissal unfair; applicant entitled to compensation and remedy hearing.
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Employment law — Unfair dismissal — Mutual release/exit agreement vitiated by economic duress; procedural fairness in disciplinary process; employer’s burden to prove valid reason for dismissal; compensation remedy.
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Judgment |
3 February 2025 |
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Dismissals for operational requirements without consultation were unfair; applicants entitled to compensation.
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Employment law — unfair dismissal — operational requirements/retrenchment — statutory consultation requirement — justice and equity (s.61 Employment Act) — funding contingency clause — contractual notice period — compensation assessment.
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Judgment |
3 February 2025 |
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Ex parte permission for judicial review discharged for abuse of process and suppression of prior related proceedings.
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Administrative law — Judicial review — Ex parte permission — Duty of frank and full disclosure — Suppression of prior related proceedings — Abuse of court process via multiplicity of actions — Discharge of permission and interlocutory injunction — Discretionary extension of time (functus officio).
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Judgment |
31 January 2025 |
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The Ombudsman lacked jurisdiction to investigate an anonymous complaint; resulting employment nullifications were set aside and benefits ordered.
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Ombudsman jurisdiction — section 123(1) Constitution — anonymous complaints — requirement that a person who has suffered injustice lay complaint; judicial review of Ombudsman determinations; nullity of unlawful directives; compliance by public authority; reinstatement and terminal benefits; costs each party.
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Judgment |
31 January 2025 |
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Claim dismissed with costs for failure to comply with trial directions and an incompetent adjournment request.
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Adjournment applications — competence and supporting evidence; failure to comply with trial directions; failure to prosecute; court’s discretion to grant adjournments; dismissal with costs.
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Judgment |
29 January 2025 |
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Judgment |
27 January 2025 |
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Document |
24 January 2025 |
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Leave to appeal and a stay were dismissed as premature and procedurally incompetent because the High Court judgment remained inchoate.
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Civil procedure — inchoate judgment — premature leave to appeal — inchoate judgments not appealable; stay of execution — must first apply to High Court where concurrent jurisdiction exists; SCA jurisdiction invoked after refusal by High Court; procedural competency of applications.
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Judgment |
22 January 2025 |
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High Court reviewed and set aside subordinate custody order, awarding primary custody to the breastfeeding mother and ordering medical and social assessments.
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Family law — Custody — Best interests of the child — Infant breastfeeding as paramount consideration — High Court supervisory review under Section 26 Courts Act — Quashing subordinate court custody order — Orders for medical and social welfare assessments.
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Judgment |
22 January 2025 |
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Registrar rejects application for review due to improper signature, procedural non-compliance, and wrong forum for admissions.
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Civil procedure — rejection of documents; signature by named legal practitioner required; notice of change of legal practitioner (Order 33); sworn statement formalities (Order 18); jurisdiction for admissions — Chief Justice; abuse of court process; Rules Orders 5, 18, 25.
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Judgment |
22 January 2025 |
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Unexplained division of matrimonial property set aside and remitted for rehearing due to lack of reasons and analysis.
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Matrimonial property distribution — duty to give reasons — assessment of contributions and parties' intentions — improper delegation to Registrar — remittal for rehearing.
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Judgment |
17 December 2024 |
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Section 96(1) does not make lodging a complaint and cyber‑inspector assessment a mandatory precondition to prosecuting offences under the Act.
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Electronic Transactions and Cyber Security Act — Section 96(1) — "may" versus "shall" — permissive complaint procedure — role and powers of cyber inspector — whether complaint/assessment is mandatory precondition to prosecution — effect of non‑compliance on validity of charges.
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Judgment |
17 December 2024 |
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Court granted a conditional stay pending appeal but required the respondent to pay 50% of each decretal award immediately.
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Industrial/Employment law — stay of execution pending appeal — onus on party seeking suspension — necessity for cogent evidence of impecuniosity or risk of appeal being rendered nugatory — balancing justice between parties — conditional stay by requiring substantial interim payments.
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Judgment |
3 December 2024 |
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Leave to appeal denied to avoid piecemeal, inchoate appeals and to expedite resolution of child custody and relocation issues.
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Appeal — leave to appeal — requirement under s.21 Supreme Court of Appeal Act; Inchoate appeals — prohibition on piecemeal appeals; Case management — expediency in child custody disputes; Jurisdiction — relocation application to Chief Resident Magistrate (Centre); Costs — each party to bear own costs.
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Judgment |
29 November 2024 |
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Appeal dismissed for inordinate delay and failure to prosecute; missing-file excuse was unsubstantiated hearsay.
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Civil procedure — dismissal for want of prosecution — Order III r.9 (record of appeal) — Practice Direction No 1 of 2010 (skeleton arguments) — missing court file allegation — hearsay — failure to prosecute — costs.
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Judgment |
29 November 2024 |
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Whether a High Court may lift a stay after arbitration termination and grant leave to appeal with a stay pending appeal.
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Arbitration law — lifting stay of proceedings after arbitration termination — leave to appeal against interlocutory Ruling — stay pending appeal; procedural compliance with leave-to-appeal rules; commercial efficacy and overriding objective.
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Judgment |
26 November 2024 |