Results.
128 documents found.
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Plaintiffs' claims for road‑works damage dismissed: negligence not proven and claim against authority statute‑barred.
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Limitation Act — joinder after expiry of limitation period; negligence — duty of care to properties near road works; res ipsa loquitur inapplicable where cause known; pleadings limit issues (waiver must be pleaded).
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Judgment |
23 April 2018 |
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Appeal dismissed: lower court's adverse-possession finding upheld; inheritance statute inapplicable where not pleaded.
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Land law — adverse possession — uninterrupted occupation and use for over 12 years — limitation statute; Civil procedure — evaluation of evidence and credibility; Pleadings — court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
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Judgment |
30 January 2018 |
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An unconditionally admitted counsel has a right of audience that can only be removed by statutory procedure; Oberem v Oberem stands until set aside.
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Right of audience on admission to the bar; removal of right of audience only by statutory process; requirement for gazetting subsidiary legislation; Malawi Law Society standards; High Court/Chief Justice procedure to remove counsel’s standing; effect of Oberem v Oberem pending appeal.
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Judgment |
7 December 2017 |
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Appellant allocated customary land by chief and, after respondent's long delay, obtained permanent usage and occupation rights.
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Land law — Customary land — Allocation and authority of chiefs to authorize use — Land Act ss.2, 25, 26 — No individual title
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Property — Possession and acquiescence — Development and long delay — Acquisition of permanent rights of usage and occupation
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Civil procedure — Appeal to High Court — Rehearing standard and burden of proof on claimant
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Judgment |
24 October 2017 |
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Mediator found the proposed pump site within road-reserve/buffer-zone intersection; construction confined there not violating plaintiffs' customary rights.
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Land law — customary land v public land — road reserve and river buffer zone intersection — Waterworks Act s.6 — entitlement to injunctive relief where works extend onto customary land.
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Judgment |
11 September 2017 |
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General Interpretation Act preserves repealed law and subsidiary Rules, so the Rules of the Supreme Court remain operative and the preliminary objection is dismissed.
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Statutory interpretation — Courts (Amendment) Act 2016 — General Interpretation Act (ss.13, 14(1)) — effect of repeal on subsidiary legislation — Rules of Supreme Court remain operative — summary judgment procedure preserved.
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Judgment |
1 July 2017 |
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Interlocutory injunction continued to protect asserted use-and-occupation rights in customary land pending resolution of disputed authority and jurisdiction.
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Customary land — rights to use and occupy (distinct from registered title) — interlocutory injunction — adequacy of damages — balance of convenience — authority of seller and jurisdiction of chief to witness customary land transaction.
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Judgment |
22 May 2017 |
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Leave granted for judicial review over alleged commencement of project without required EIA; ex parte injunction refused.
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Administrative law — Judicial review — Leave to apply — Standing, amenability, and arguable case for full review
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Environmental law — Environmental impact assessment — Requirement under EMA s.24 and GN No.58 of 1998 for projects withdrawing water from lakes
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Civil procedure — Interim relief — Interlocutory injunction in judicial review — Ex‑parte relief requires demonstration of real urgency
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Judgment |
21 April 2017 |
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Appellate court upheld conviction and concurrent sentences based on recent possession and an unreasonable explanation.
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Criminal law — burglary and armed robbery — doctrine of recent possession — possession of stolen property shortly after theft — burden and standard of proof — appellate restraint on sentence interference; concurrent sentences.
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Judgment |
3 April 2017 |
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Court continued interlocutory injunction to preserve disputed customary land pending trial.
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Land law — Interim relief — Interlocutory injunction — Preservation of status quo pending trial
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Civil procedure — Injunctions — Threshold test — Serious issue to be tried (American Cyanamid)
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Remedies — Adequacy of damages — Land is unique; damages inadequate
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Judgment |
12 December 2016 |
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Judgment |
27 October 2016 |
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Judgment |
13 June 2016 |
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Plaintiffs failed to prove customary rights; defendants' occupation upheld and claim dismissed with costs.
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Land law — Customary land — Allocation and occupation — Requirement of proof and role of chiefs — Land Act ss 25, 26, 40
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Judgment |
8 February 2016 |
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Trial held in prison without Chief Justice direction is a nullity; confessions obtained by compulsion must be excluded.
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Constitutional law — appeal or review under section 42(2)(e) — statutory expansion of rights; Criminal procedure — venue — trials in prison precincts without Chief Justice direction violate public hearing right; Evidence — confessions — section 176 CPE Code admits only relevant and admissible confessions; confessions obtained by compulsion/torture (sections 19(3), 42(2)(c)) must be excluded; procedural requirement that courts determine voluntariness as preliminary factual matter; date in charge generally not essential.
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Judgment |
21 April 2015 |
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Whether a central bank lawfully revoked a bank's licence and reclaimed supervision and forensic audit costs.
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Banking law — revocation of banking licence — statutory powers under Banking Act (ss 10, 31) — due process and urgency; Prudential supervision — recovery of costs (s 53) — forensic audit fees recoverable; Constitutional/administrative law — natural justice and section 43 — adequacy of hearing in urgent financial contexts; Consent orders and side letters — duress, waiver and estoppel; Public law torts — misfeasance in public office — bad faith not established; Interest — compound interest awarded.
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Judgment |
27 October 2014 |
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Court held parties agreed only to grant use of the mining licence, not its transfer; plaintiffs' claim dismissed, counterclaim granted.
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Mines and Minerals — mining licence: 'use' v transfer; contract interpretation — objective approach and surrounding background; agency — licence-holder may use agents (s.43); royalties — contractual obligation and counterclaim; plaintiffs failed to prove breach or loss.
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Judgment |
3 November 2008 |
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An 18‑month custodial sentence for illegal charcoal burning was excessive; fines substituted for first offenders.
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Forestry Act s64(
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A) — sentencing for illegal charcoal burning — omission to assess damage value — consideration of first offender status — custodial sentence manifestly excessive — substitution with fine
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Judgment |
13 July 2008 |
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Customary land grants surface use only; government/developer may dig for irrigation but must restore land and compensate for damages.
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Customary land — surface user rights only; Ministerial control of sub-soil and minerals (Land Act s.26) — Government/developer permitted to dig and lay irrigation pipes but must refill and compensate for destroyed crops/trees — No right to draw water from project canals — Procedural directions to list objectors, map customary lands and hold joint rights-explanation meeting
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Judgment |
2 December 2007 |
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Delay after an ex parte interim order and genuine disputes over title made mandatory interlocutory relief inappropriate.
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Interlocutory injunctions — ex parte interim relief and subsequent delay — mandatory interlocutory injunctions exercised with caution — balance of convenience — competing title/regularization disputes — adequacy of damages.
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Judgment |
23 August 2004 |
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Customary land rights are constitutionally protected; eviction requires statutory expropriation procedures and compensation; injunction granted.
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Customary land — constitutional protection of property rights — expropriation requires public utility, notice and compensation — Land Act and Land Acquisition Act procedural compliance — Environment Management Act grants locus standi to 'any person' — injunction to prevent environmental degradation
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Judgment |
10 January 2004 |
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Plaintiff in road-traffic accident awarded K160,000 for pain, suffering and loss of amenities; costs awarded.
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Road traffic accident — assessment of damages — medical evidence of bodily injury — pain and suffering and loss of amenities — compensatory principle — award of K160,000 and costs.
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Judgment |
7 November 2002 |
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Plaintiff awarded K150,000 for pain, loss of amenities and reduced earning capacity after a road traffic injury.
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Personal injury — Road traffic accident — Assessment of damages — Pain and suffering and loss of amenities — Loss of earning capacity — Liability established by default judgment — Awards guided by comparable cases and local purchasing power.
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Judgment |
20 March 2002 |
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Assessment of damages after bus-accident: proved special damages awarded; loss of earning capacity and general damages granted, total K846,466.
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Tort — Road accident — Assessment of damages — Proof and particularisation of special damages; distinction between loss of earnings (special) and loss of earning capacity (general); recoverability of cash carried abroad despite Exchange Control regulation; quantum for artificial limb, medical expenses, pain and loss of amenities.
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Judgment |
18 February 2002 |
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Assessment of personal injury damages, hearsay inadmissibility of medical reports, rejection of vehicle claim due to discharge.
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Damages for personal injury — distinction between pecuniary and non-pecuniary losses — assessment by comparison and adjustment for local economic conditions; admissibility of medical reports — hearsay unless doctor called; proof required for special damages; discharge as bar to vehicle claim; interest and exemplary damages not recoverable.
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Judgment |
13 February 1996 |
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Summary judgment granted where defendant failed to raise a bona fide triable defence to a claim based on cheques issued by his agent.
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Civil procedure — summary judgment (Order 14) — cheques treated as payment — agency and authority — insufficient affidavit to raise triable issue — certainty of claim.
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Judgment |
8 July 1993 |
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Administrator General appointed after a private applicant was found biased and unsuitable to administer the estate.
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Succession law — letters of administration — suitability and impartiality of administrator — Administrator General competent to administer estates — setting aside prior grant.
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Judgment |
15 March 1991 |
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Court allowed substitution of newly incorporated company for firm sued, finding a genuine mistake and permitting amendment with costs.
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Civil procedure — amendment/substitution of party — Order 20 Rule 5(3) — genuine mistake — corporate conversion of a firm to a company — avoidance of multiplicity of actions.
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Judgment |
14 January 1991 |
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High Court reviewed and reduced a Taxing Master’s increased taxation of a solicitor-and-own-client bill, fixing K6,384.20.
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Taxation of costs — Review of Taxing Master’s decision — Solicitor-and-own-client bill — Discretionary awards — Requirement for reasons when varying prior taxation — Admissibility of original bill as a guide.
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Judgment |
1 December 1986 |