Results.
554 documents found.
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Jurisdiction |
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Land Law – Allocation of land – Validity of Form C – Applicable legislation – Whether land allocated under the Land Act 1973 or the Land Act 1979 – Determination governed by the date of allocation and issuance of Form C – Principal Chief’s authority under section 4(2) of the Land Act 1973 – Commencement of the Land Act 1979 on 16 June 1980 – Absence of proof that appellant unlawfully allocated land to himself – High Court misdirected itself by treating Form C as issued under wrong statute – Appeal upheld; Form C validly issued under the 1973 Act
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Lesotho
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7 November 2025 |
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Condonation – Delay in instituting review proceedings – Reasonableness of delay – Explanation – Prospects of success – Res judicata – Punitive costs
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Lesotho
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7 November 2025 |
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Constitutional Law — Locus Standi — Direct and Personal Interest — Section 22(1) of the Constitution of Lesotho
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Lesotho
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7 November 2025 |
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Constitutional Law — Open Justice — Bail Proceedings Conducted in Chambers — Whether Proceedings in Chambers Render Bail Order a Nullity — Exceptional Circumstances Justifying Departure from Open Court Requirement — None Shown — Principle of Transparency and Public Confidence in Criminal Justice — Victims’ Right to Information — Review Jurisdiction of Court of Appeal
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Lesotho
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7 November 2025 |
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Administrative Law — Legitimate Expectation — Job Evaluation and Grading — Public Service Commission’s Decision to Grade Judicial Officers — Whether Central and Local Court Presidents had Legitimate Expectation to be Placed at Grades I and H Respectively — Unsigned Answering Affidavit — Effect — Jurisdiction of High Court
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Lesotho
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7 November 2025 |
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Lesotho
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6 November 2025 |
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Lesotho
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6 November 2025 |
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Leave to appeal refused where contractor accepted an addendum and failed to show reasonable prospects or compelling reasons.
Civil procedure — leave to appeal — Test for reasonable prospects of success and compelling reasons
Contract law — Construction contracts (JBCC) — Reciprocal obligations and enforcement of penalty clauses where employer allegedly defaults on payment
Contract law — Repudiation — Objective test and distinction where contractor accepted an addendum and continued performance
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South Africa
· Northern Cape
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31 October 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.
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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Malawi
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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.
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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Malawi
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28 October 2025 |
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Tanzania
· Zanzibar
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15 October 2025 |
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Review of Court of Appeal Judgment — Exceptional Jurisdiction — Inherent Review Powers of Apex Court — Patent Error or Gross Injustice Threshold — New Cause of Action Raised on Review — Compensation for Improvements to 2 Land Not Claimed in Lower Courts — Abuse of Process — Condonation — Late Filing of Heads — Costs de bonis propriis
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Lesotho
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15 October 2025 |
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Tanzania
· Zanzibar
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8 October 2025 |
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Court of Appeal — Review of its own judgment — Jurisdiction — Not provided for in Constitution, statute, or Rules — Inherent jurisdiction to review only in exceptional circumstances — Gross miscarriage of justice or patent error required — Review not a disguised appeal — Principle of finality in litigation reaffirmed. Composition of the Court — Objection to reconstituted panel — Argument that review must be heard by the same judges who decided the appeal — No merit — Allocation of judges is an internal management function of the President — No constitutional or statutory requirement that the same panel hear review proceedings. Procedure — Abuse of review jurisdiction — Growing misuse of process — Court introducing new procedural safeguards — Requirement of petition to establish exceptional circumstances before review jurisdiction invoked — Filtering mechanism to prevent abuse. Costs — Discretionary — Each party to bear its own costs — Court cautioning against unnecessary and unmeritorious applications — Dissent on costs: review unmeritorious but objection arguable — Costs of review to be borne by applicant; no order as to costs on composition objection
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Lesotho
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7 October 2025 |
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Lesotho
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29 September 2025 |
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Lesotho
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22 September 2025 |
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Leave for judicial review dismissed for deficient drafting, but applicant granted liberty to refile with notice to respondent.
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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Malawi
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22 September 2025 |
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Lesotho
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18 September 2025 |
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Lesotho
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11 September 2025 |
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Lesotho
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11 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.
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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Malawi
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9 September 2025 |
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Lesotho
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6 September 2025 |
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Lesotho
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4 September 2025 |
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Lesotho
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2 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.
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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Malawi
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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.
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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Malawi
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31 August 2025 |
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Preliminary Objection – Must be on a pure point of law – Objection intertwined with contested facts – Jurisdiction and right to be heard cannot be overtaken by events – Divorce petition – Death of petitioner – Application for extension of time to set aside ex parte judgment
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Tanzania
· Zanzibar
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28 August 2025 |
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Civil Procedure – Burden of Proof – In civil cases, the Plaintiff bears the burden to prove claims on a balance of probabilities; allegations of fraud or forgery require cogent and compelling evidence. Contract – Existence of Agreement – Where no documentary evidence establishes a contractual relationship between the parties, the Court cannot infer an agreement to pay for goods merely from delivery orders or oral assertions. Conspiracy – Unlawful Release of Goods – To establish civil conspiracy, a Plaintiff must prove concerted action and unlawful intent; mere suspicion or irregularities in documents without proof of collusion are insufficient
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Tanzania
· Zanzibar
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28 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.
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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Malawi
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20 August 2025 |
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Malawi
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18 August 2025 |
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Malawi
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18 August 2025 |
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Lesotho
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14 August 2025 |
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Lesotho
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14 August 2025 |
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Lesotho
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14 August 2025 |
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Lesotho
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14 August 2025 |
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Malawi
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11 August 2025 |
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Lesotho
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6 August 2025 |
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Lesotho
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29 July 2025 |
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Lesotho
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28 July 2025 |
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Court declared multiple constitutional breaches in a detained child’s treatment and ordered declarations, mandamus, compensation and costs.
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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Malawi
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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.
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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Malawi
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19 June 2025 |
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Lesotho
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9 June 2025 |
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Lesotho
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30 May 2025 |
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Lesotho
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30 May 2025 |
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Court exercised inherent jurisdiction to release a deteriorating vehicle from custody, imposing conditions to protect the applicant's claim.
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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Malawi
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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.
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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Malawi
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22 May 2025 |
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Lesotho
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19 May 2025 |
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An expired, unrenewed summons served outside the three‑month period is ineffectual and justified striking out the claim.
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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Malawi
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9 May 2025 |
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FLYNOTE Land Law – Bona fide possession – Right of retention – Section 62 of the Land Act 1979 – Regulation 6 of the Land Regulations 2011 – Effect of statutory deeming – 2 Compensation for improvements – Absence of title – Public purposes – Vindicatory action – Equitable doctrines
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Lesotho
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8 May 2025 |
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FLYNOTE Summary judgment – Appealability – Interlocutory order – Financial Consumer Protection Act 2022 – Counterclaim – Procedural fairness – Leave to appeal – Summary dismissal – Costs
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Lesotho
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2 May 2025 |
