Results.
554 documents found.
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Jurisdiction |
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Tanzania
· Zanzibar
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30 January 2025 |
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Claim dismissed with costs for failure to comply with trial directions and an incompetent adjournment request.
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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Malawi
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29 January 2025 |
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Malawi
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27 January 2025 |
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Malawi
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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.
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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Malawi
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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.
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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Malawi
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22 January 2025 |
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Registrar rejects application for review due to improper signature, procedural non-compliance, and wrong forum for admissions.
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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Malawi
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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.
Matrimonial property distribution — duty to give reasons — assessment of contributions and parties' intentions — improper delegation to Registrar — remittal for rehearing.
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Malawi
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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.
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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Malawi
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17 December 2024 |
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Uganda
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13 December 2024 |
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Lesotho
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5 December 2024 |
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Lesotho
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4 December 2024 |
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Lesotho
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3 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.
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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Malawi
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3 December 2024 |
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Civil Procedure—summary suit—leave to defend—advocate-client costs—conflict of interest—professional misconduct—illiterate affidavit—no triable issue—application struck out—judgment entered—costs awarded
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Uganda
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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.
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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Malawi
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29 November 2024 |
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Lesotho
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29 November 2024 |
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Appeal dismissed for inordinate delay and failure to prosecute; missing-file excuse was unsubstantiated hearsay.
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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Malawi
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29 November 2024 |
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Lesotho
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26 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.
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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Malawi
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26 November 2024 |
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High Court set aside magistrate’s judgment for lack of jurisdiction and ordered respondents to repay sums obtained; costs ordered against respondents’ counsel.
Civil procedure – Jurisdiction of subordinate courts – Cause of action arising in another district – Proceedings and judgments without jurisdiction are null and void – High Court power to set aside subordinate court judgments – Third-party debt/attachment orders – Costs and remedies against counsel.
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Malawi
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21 November 2024 |
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Whether seized foreign currency should be forfeited where a businessperson hid funds and used a fake receipt, outweighing mitigating circumstances.
Exchange control — Regulation 36(1) discretionary forfeiture of foreign currency — judicial exercise of discretion — aggravating factors (large sum, concealment, forged receipt, business person) v. mitigating factors (first offender, plea, alleged hardship) — precedents: Kamanga; Zheng Yan; Henry Kopa; Ashraf Bdallal El Ali — requirement to hear accused in opposition to forfeiture.
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Malawi
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20 November 2024 |
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High Court set aside arbitrarily imposed fines for forestry offences, requiring means test and reducing custodial sentences.
Forestry offences — sentencing — fines and default imprisonment — mandatory means test — application of Fines (Conversions) Act — first offender principles — s340(1) Criminal Procedure and Evidence Code — supervisory confirmation review.
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Malawi
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19 November 2024 |
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Malawi
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17 November 2024 |
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Lesotho
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13 November 2024 |
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Lesotho
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11 November 2024 |
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Malawi
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6 November 2024 |
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Court reduced manifestly excessive instruction fees in election-petition taxation, adjusting awards to reasonable levels.
Taxation of costs – instruction fees in election petitions – application of sixth schedule (Regs. 6 and 9) to Advocates (Remuneration and Taxation of Costs) Regulations 2018 – interference with taxing officer only in exceptional cases where award is manifestly excessive or wrong in principle. Factors: nature, importance, complexity, novelty, place, time expended, public interest and prevailing economics. Election petition remuneration balanced against public interest not to deter candidates
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Uganda
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6 November 2024 |
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Court escalated the 1981 compensation for the applicant's compulsorily acquired land to MK20,000,000 and denied aggravated damages.
Land Acquisition Act (as in force at acquisition) – assessment of fair compensation – section 10 factors (consideration paid, improvements, appreciation) – valuation methodology and escalation of historic award – post-acquisition change of land use not to be used to increase historic compensation – aggravated/exemplary damages against State – requirements; loss-of-opportunity claim not entertained if unpleaded.
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Malawi
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5 November 2024 |
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Employer breached its redundancy policy and failed to meaningfully consult, rendering the dismissal unfair and attracting compensation.
Employment law – redundancy and retrenchment – s.57(1) Employment Act – duty to consult where employer’s terms/policy require it – relevance of ILO Termination of Employment Convention No.158 and Ministry of Labour guidelines – procedural fairness, meaningful consultation and use of proper evidence – unfair dismissal and compensation.
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Malawi
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1 November 2024 |
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Summary judgment refused because disputed facts and legal issues exist on premises owner status and dog-handler negligence.
Civil procedure – Summary judgment – Order 12 CPR – Realistic vs fanciful prospects; Premises liability – vicarious/statutory owner under Control and Diseases of Animals Act; Negligence of dog handler – triable issue; Failure to plead/support failure-to-warn allegation; Judgment on admission – requirements for written admissions.
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Malawi
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31 October 2024 |
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Court continued stay of execution pending appeal, dismissed disclosure application as otiose, and ordered parties to agree arrangements within 28 days.
Civil procedure – stay of execution pending appeal – discretion guided by interests of justice; disclosure/production of financial documents – otiose and irrelevant where stay already granted; interlocutory directions to agree arrangements.
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Malawi
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30 October 2024 |
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Registrar rejected duplicate originating proceedings as an abuse of process and improper filing at the wrong registry.
Registrar's power to reject documents — abuse of court process by duplicative filings (summons and judicial review) — improper forum/registry — Order 5 rules 10–13; Order 6 r9; Courts Act s3 and s6A(2).
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Malawi
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27 October 2024 |
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Application to file supplementary skeleton arguments deferred to the full bench; copies to be supplied by deadline or dismissed.
Civil procedure – interlocutory application for leave to file supplementary skeleton arguments – judicial discretion – timing and service of filings – appropriateness of single-member determination where appeal listed before full bench – procedural directions and automatic dismissal for non-compliance.
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Malawi
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24 October 2024 |
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Insurer subrogation succeeds where driver of BR 398 failed to give way, entitling recovery of MK15,390,000 plus interest and costs.
Road traffic negligence – duty to give way at junction; proof by photographs and damage pattern; insurer’s right of subrogation to sue in insured’s name; discretion to admit late documents under frontloading rules; award of compound interest and costs.
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Malawi
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18 October 2024 |
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Lesotho
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18 October 2024 |
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The court ceased jurisdiction after referral to arbitration and declined to entertain further applications.
Arbitration law – Referral to arbitration cedes court jurisdiction – Court obliged to honour arbitration agreement; inability to hear matters once jurisdiction ceded; procedural delay attributable to counsel’s failure to appoint arbitrator.
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Malawi
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16 October 2024 |
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An appeal can be struck out for inordinate delay where the appellant fails to ensure timely preparation of the record of appeal.
Civil procedure – Appeal – Want of prosecution – Delay in preparation of record of appeal – Duties of appellant and court under procedural rules – Inherent jurisdiction to strike out appeal – Suspension of enforcement vacated – Costs under s72 Labour Relations Act
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Malawi
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11 October 2024 |
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A summons signed by a firm rather than a named legal practitioner is a nullity and must be struck out.
Civil procedure — signature requirements for originating processes — Order 5 r3 & Order 7 r1(h) CPR; Legal Education and Legal Practitioners Act — definition of 'legal practitioner' as natural person on the Roll; firm name not a legal practitioner; originating process signed by firm is nullity and incurable.
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Malawi
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11 October 2024 |
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Applicant granted leave to appeal out of time; time enlarged seven days; no order for costs.
Civil procedure – leave to appeal out of time – enlargement of time – requirement of good and substantial reasons – prima facie merits of proposed grounds – undue delay.
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Malawi
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30 September 2024 |
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Applicant granted seven-day enlargement and leave to appeal out of time after showing good and substantial reasons and prima facie merit.
Civil procedure – enlargement of time for appeal – leave to appeal out of time – requirement of good and substantial reasons – prima facie merits of proposed grounds – undue delay – discretionary relief (NBS Bank Ltd v R.J. Hamdani)
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Malawi
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30 September 2024 |
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Court refused to forfeit a bonded motor vehicle for late passport surrender, applying substantial justice and not punishing counsel‑caused delay.
Bail conditions — bonded property — forfeiture for non‑compliance; substantial justice over technicality; liability for counsel’s procedural failures; exercise of judicial leniency.
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Malawi
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17 September 2024 |
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Lesotho
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13 September 2024 |
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Lesotho
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13 September 2024 |
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Lesotho
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4 September 2024 |
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Lesotho
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20 August 2024 |
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Lesotho
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19 August 2024 |
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Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
Judicial review — Registrar's refusal to issue court documents — issuance as a judicial function requiring application of judicial mind — decisions of Registrar exercising judicial functions not amenable to judicial review — alternative remedy by appeal — exhaustion of remedies.
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Malawi
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12 August 2024 |
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Lesotho
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7 August 2024 |
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Convictions upheld; enhanced sentences set aside because the appellant was not given notice or a hearing before enhancement.
Criminal law – Defilement and child trafficking – Convictions upheld; Sentence enhancement – appellate increase set aside for failure to afford audi alteram partem – Right to be heard before adverse sentencing order – Late filing of skeleton arguments allowed as exception – State nonattendance at apex court criticized.
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Malawi
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23 July 2024 |
