Results.
554 documents found.
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Jurisdiction |
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FLYNOTE Contempt of Court – Procurement Tribunal – Enforcement of Tribunal Order – Validity and Limits of Court Orders – Public Procurement Regulations – Res Judicata – Statutory Illegality as Defence – Whether disobedience of court order can be justified on grounds of statutory non-compliance
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Lesotho
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2 May 2025 |
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FLYNOTE Appeal — Condonation — Costs — Appeal struck off — Appropriate scale of costs — Late withdrawal of appeal — Breach of Court Rules — Punitive costs — Attorney and client scale
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Lesotho
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2 May 2025 |
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FLYNOTE Criminal law – Murder – Extenuating circumstances – Appeal against conviction – Sentence enhancement in absence of cross-appeal – Power of appellate court to vary sentence 2 proprio motu – Manifestly lenient sentence – Sentencing discretion – Role of deterrence and public abhorrence in punishment
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Lesotho
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2 May 2025 |
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FLYNOTE Civil Procedure — Rescission of default judgment — Whether appellant afforded opportunity to be heard — Mandatory nature of Rule 18(2) of the District Land Court Rules — Bona fide defence — Audi alteram partem — Appeal dismissed
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Lesotho
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2 May 2025 |
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FLYNOTE Civil Procedure — Postponement of appeal — Representation — Counsel withdrawal — Continuation of stay of execution — Costs in the cause
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Lesotho
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2 May 2025 |
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FLYNOTE Criminal Law – Murder – Circumstantial evidence – Whether inference of intent to kill established beyond reasonable doubt – Culpable homicide – Whether trial court misdirected itself in failing to consider absence of mens rea for murder – Penal Code Act 2010 (Lesotho), sections 40, 41
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Lesotho
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2 May 2025 |
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FLYNOTE Criminal Law — Murder — Self-defence — Whether Crown proved guilt beyond reasonable doubt — Whether trial court misdirected itself in rejecting self-defence — Duties of appellate court on findings of fact — Credibility of witnesses — Single witness rule — Forensic inconsistencies — Investigative irregularities
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Lesotho
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2 May 2025 |
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FLYNOTE Land Law – Registered lease – Allegation of fraud – Evidentiary burden – Donation inter vivos – Improvements made in good faith – Right to compensation – Presumption of regularity – Family dispute
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Lesotho
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2 May 2025 |
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FLYNOTE Land Law – Donation under customary law – Competing claims of heirship and perfected donation – Regularisation of title through systematic adjudication – Lease issued pursuant to possession and long-standing occupation – Effect of vague and delayed nomination of heirship – Good faith purchasers – Failure to comply with appellate procedural rules
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Lesotho
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2 May 2025 |
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FLYNOTE Arbitration – Interim interdict – Jurisdiction of court notwithstanding arbitration clause – Independent guarantee – Fraud exception – Arbitration Act 1980, ss 4 and 22 – Relationship between guarantee and main contract – Interlocutory relief pending arbitration – Misrepresentation as ground for interdict
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Lesotho
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2 May 2025 |
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FLYNOTE, Civil Procedure – Leave to appeal – Section 17 of the Court of Appeal Act 1978 – Whether leave to appeal required from decision of High Court in review matters – Distinction between appellate and original jurisdiction – Decision in Ntoetsi Tau-Tona v Maphoka Ramoea overruled – Application for leave struck off roll – No order as to costs
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Lesotho
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2 May 2025 |
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FLYNOTE Land Law—Unjust enrichment—Bona fide possessor—Compensation for improvements—Measure of enrichment—Retention of rental income—Set-off—Discretion of the court—Limits of discretion—Condonation—Whether late appeal permissible
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Lesotho
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2 May 2025 |
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FLYNOTE Criminal law—Murder—Self-defence—Constructive intent—Sentencing discretion—Appeal against conviction and sentence—Whether appellant acted in private defence—Whether sentence of 18 years’ imprisonment excessive
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Lesotho
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2 May 2025 |
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FLYNOTE Civil Procedure – Appeal – Lapsed appeal – Rules of Court of Appeal 2006, rules 4, 5(1), 5(3) and 15(3) – Application for declarator and condonation – Misconceived application – Duty of legal practitioners – Costs de bonis propriis
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Lesotho
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2 May 2025 |
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FLYNOTE Civil Procedure – Condonation – Appeal – Functus officio – Execution – Whether High Court may set aside writ of execution inconsistent with its original judgment – Application to amend writ – Delay in lodging appeal – Reasonableness of explanation – Prospects of success – In duplum rule – Legal finality
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Lesotho
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2 May 2025 |
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FLYNOTE Police – Malicious arrest – Claim for damages – Special plea of prescription – Police Service Act 1998, s 77 – Whether High Court entitled to determine prescription without hearing oral evidence – Failure to adduce evidence on interruption of prescription – Whether remittal appropriate – Use of “torture” in absence of supporting evidence
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Lesotho
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2 May 2025 |
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Land law—Jurisdiction—Whether dispute falls within statutory jurisdiction of the Land Court—Meaning of “concerning land” under section 73 of the Land Act 2010—Characterisation of claims sounding in contract or delict as opposed to vindicatory actions—Claim based on familial arrangement concerning proceeds of sale of land—Proper forum for adjudication
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Lesotho
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2 May 2025 |
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FLYNOTE Civil Procedure – Leave to appeal – Interlocutory order – Amendment of pleadings – Piecemeal appeals – Withdrawal of application – Costs
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Lesotho
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2 May 2025 |
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FLYNOTE Company Law – De Facto Directorship – Validity of Round Robin Resolution – Procedural Standing – Security for Costs – Appeal Procedure – Judicial Discipline – Companies Act 2011 (Lesotho), ss 56, 58 – Court of Appeal Rules 2006, Rule 2 8(1) and Rule 15 – Effect of Non-notification of Directors – Majority and Dissenting Opinions
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Lesotho
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2 May 2025 |
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Lesotho
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2 May 2025 |
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Judicial review of the DPP’s prosecutorial decisions is exceptional; applicants must first exhaust parliamentary and criminal remedies.
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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Malawi
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28 April 2025 |
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Accrued annual leave cannot be forfeited; employer must pay untaken earned leave on termination.
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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Malawi
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25 April 2025 |
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Lesotho
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14 April 2025 |
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The employer's appeal against compensation for the respondent's constructive dismissal was dismissed; s63 discretion upheld.
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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Malawi
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4 April 2025 |
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Court stayed disciplinary processes and dismissal pending trial given triable issues over tribunal competence and executive authority.
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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Malawi
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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.
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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Malawi
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1 April 2025 |
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Oral preliminary objections are procedurally improper; such issues must be raised by formal application supported by affidavit.
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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Malawi
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25 March 2025 |
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Lesotho
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24 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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Malawi
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16 March 2025 |
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Lesotho
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14 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.
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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Malawi
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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.
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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Malawi
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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.
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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Malawi
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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.
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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Malawi
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4 March 2025 |
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Lesotho
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3 March 2025 |
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Lesotho
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28 February 2025 |
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Court assessed voluntariness of confessions/pointing‑outs; admitted some but excluded others due to undue influence or procedural failures.
Criminal procedure — admissibility of confessions and pointing‑outs (s228, s229 CP&E) — voluntariness, undue influence, torture allegations — right to silence and legal representation (Judges’ Rules) — burden on Crown — failure to keep contemporaneous records undermining pointing‑out evidence
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Lesotho
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27 February 2025 |
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Lesotho
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26 February 2025 |
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Lesotho
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21 February 2025 |
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Lesotho
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21 February 2025 |
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Lesotho
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11 February 2025 |
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Ex parte freezing injunction vacated after applicant suppressed material related‑party and forensic‑audit facts.
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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Malawi
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7 February 2025 |
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Lesotho
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4 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.
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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Malawi
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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.
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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Malawi
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3 February 2025 |
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Exit agreement signed under economic duress: dismissal unfair; applicant entitled to compensation and remedy hearing.
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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Malawi
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3 February 2025 |
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Dismissals for operational requirements without consultation were unfair; applicants entitled to compensation.
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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Malawi
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3 February 2025 |
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Uganda
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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.
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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Malawi
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31 January 2025 |
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Ex parte permission for judicial review discharged for abuse of process and suppression of prior related proceedings.
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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Malawi
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31 January 2025 |
