Results.
554 documents found.
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Jurisdiction |
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Failure to comply with scheduling conference directions justified striking out the 1st defendant’s defence and dismissing its counterclaim.
Civil procedure – scheduling conference directions – mandatory compliance with Order 14 – effect of non-compliance (Order 14 r.5) – striking out defence and dismissal of counterclaim as sanction – section 47 General Interpretation Act inapplicable to court directions – good cause required to avoid sanctions.
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Malawi
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17 July 2024 |
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Action to set aside a consent order dismissed as disclosing no reasonable cause and an abuse of court process.
Civil procedure – setting aside consent orders – necessity to plead and particularise mistake, misrepresentation or material supervening event; remedies against former lawyers versus setting aside consent judgment; dismissal for frivolous, vexatious or abusive proceedings.
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Malawi
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17 July 2024 |
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Lesotho
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10 July 2024 |
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Lesotho
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8 July 2024 |
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A late application for security for costs was dismissed where claimant rebutted jurisdictional and asset concerns and delay made the order oppressive.
Security for costs – Order 32 CPR – residence and central management – assets and enforceability of costs – delay in bringing application – prospects of success – oppressive/stifling effect.
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Malawi
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19 June 2024 |
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Tanzania
· Zanzibar
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19 June 2024 |
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Stay of execution upheld where registry-caused appeal delay and respondent’s concealment of related conviction negated discharge.
Forfeiture and stay of execution – application to discharge stay for alleged inordinate delay – duty of Registrar/Registry to prepare record of appeal – shortcomings in record not attributable to appellant – concealment of parallel money-laundering conviction involving same seized funds – discretion to refuse relief and award costs.
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Malawi
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19 June 2024 |
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Lesotho
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12 June 2024 |
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Lesotho
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12 June 2024 |
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Lesotho
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10 June 2024 |
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Lesotho
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7 June 2024 |
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Lesotho
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28 May 2024 |
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Lesotho
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15 May 2024 |
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Lesotho
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8 May 2024 |
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Lesotho
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8 May 2024 |
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Appeal dismissed for lack of mandatory leave and lateness; review misuse condemned and stays discharged for prompt prosecution.
Criminal procedure — Appeals from High Court in criminal review — Mandatory requirement for leave under section 11(2) — Time limits for notice of appeal under section 17(1) — Misuse of review as substitute for appeal — Stays discharged and case remitted for directions.
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Malawi
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2 May 2024 |
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Lesotho
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26 April 2024 |
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Whether claimant proved title to the plot and whether the purchaser was a bona fide purchaser without notice.
Property law — proof of title: municipal offer/receipt and council confirmation as evidence; nemo dat principle; bona fide purchaser for value without notice — duty of due diligence and requirements; authentication of registry extracts and secondary documents.
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Malawi
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24 April 2024 |
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Lesotho
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15 April 2024 |
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Lesotho
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12 April 2024 |
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Retrospective application of the FCA was found by necessary implication but did not violate constitutional protections against conviction for non-offences.
Constitutional law – retrospectivity of statutes – Financial Crimes Act section 42 vs repealed MLA section 35 – interpretation of saving provision section 141(2) FCA – right not to be convicted for non-existent offence and protection against harsher retrospective penalties – procedural commencement via constitutional referral (Order 19 CPR).
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Malawi
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10 April 2024 |
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Constitutional Law – Right to work – Equality before the law – Fair competition – Import licensing restriction – Limitation of rights – Legislative constitutionality – Interpretation of the Liquor Control Act and Fair Competition Act
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Tanzania
· Zanzibar
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4 April 2024 |
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Lesotho
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28 March 2024 |
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Appellant’s convictions for grievous harm and malicious damage quashed for insufficient evidence; alternative conviction impermissible under precedent.
Criminal law — Grievous bodily harm — High threshold for ‘grievous harm’ under section 4/238 — Medical evidence not always mandatory but here insufficient; Malicious damage — proof of wilful or reckless damage required and absence of exhibit fatal; Alternative verdicts — courts may not substitute lesser offences where State chose charge (Namatav v Republic); Self‑defence and provocation — disproportional response defeats self‑defence, provocation not available to reduce non‑murder offences; Sentencing — original sentences excessive.
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Malawi
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25 March 2024 |
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Lesotho
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22 March 2024 |
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Court struck out affidavits illegally obtained, affirmed dismissal for insufficient evidence, and denied winner's costs for counsel misconduct.
Election law – Election petition – Parliamentary Elections Act s.61 – standard and burden of proof (balance of probabilities and satisfaction of court); Advocates' Professional Conduct – Rule 19 – improper solicitation of recanting affidavits and striking out forbidden affidavits; Evidence – requirement for corroborative electoral materials (ballot boxes, voters' registers) to prove quantitative/qualitative non-compliance; Attribution of irregularities – not a prerequisite for setting aside election; Costs – denial of costs for counsel misconduct and referral to Law Council.
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Uganda
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19 March 2024 |
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Claims for false imprisonment, defamation and malicious prosecution failed; conversion established only as to retained office chattels, not the claimed money.
False imprisonment – distinction between reporting a crime and laying charges; Malicious prosecution – must prove prosecution by defendant, favourable termination, lack of reasonable cause and malice; Conversion – wrongful retention of chattels and denial of access; Pleadings – evidence inconsistent with pleadings may be rejected; Civil standard of proof – balance of probabilities.
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Malawi
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19 March 2024 |
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Appellate court found the purported will invalid, held customary law must be proved under section 64, and restored land to the appellant and siblings.
Succession and customary land – validity of will under DEWIPA – DEWIPA prevails over customary law on inheritance – customary law is a question of fact requiring proof under section 64 Courts Act – proof required before land can be treated as attached to chieftaincy – Magistrate court jurisdiction and remedies for property loss.
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Malawi
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18 March 2024 |
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Assessment of unfair dismissal compensation using current salary to preserve purchasing power; partial contribution reduces award; severance computed accordingly.
Unfair dismissal — procedural fairness — denial of right to confront witnesses; Compensation under s.63(4)–(5) Employment Act; Use of current salary to preserve purchasing power; Partial employee contribution reduces award; Severance computation under First Schedule and s.35(2); Appeal does not stay award — 50% payment pending appeal.
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Malawi
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20 February 2024 |
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Court awards compensation and statutory severance using current salary, reduced for applicant’s partial contribution; appeal conditional on 50% payment.
Employment law – unfair dismissal for procedural unfairness – assessment of compensation under s63(4) and (5) Employment Act – use of current salary to preserve purchasing power – partial contribution reduces discretionary award – statutory severance calculation (First Schedule, s35(2)) – appeal conditional on payment of 50% (no automatic stay).
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Malawi
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20 February 2024 |
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An applicant cannot obtain leave to appeal to the SCA on an interlocutory matter without certified lower-court refusal and procedural propriety.
Civil procedure — Leave to appeal — Requirement to seek leave in the court below and to produce certified refusal before approaching appellate court — Interlocutory/non-final matters not appealable — Procedural propriety for litigants in person.
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Malawi
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19 February 2024 |
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Lesotho
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16 February 2024 |
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Lesotho
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16 February 2024 |
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Sierra Leone
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30 January 2024 |
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Assessment of quantum for unfair dismissal, gratuity, pension and notice pay under Defence Force Regulations.}
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Malawi
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29 January 2024 |
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Malawi
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27 January 2024 |
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Admissibility of uncertified DR forms and formal defects in affidavits determine proof in an election petition; appeal dismissed.
Electoral law – Parliamentary election petition – standard and burden of proof – balance of probabilities and cogent evidence; Affidavits – jurat and certification formalities, Illiterates Protection Act; Signatures – discrepancies with National ID do not alone invalidate affidavits absent contrary evidence; Evidence – public documents (DR forms) require certified copies under Evidence Act ss.73,75,76; secondary evidence admissible only in exceptional circumstances and after notice to produce; Appellate procedure – grounds must be concise and non‑argumentative.
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Uganda
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24 January 2024 |
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Sierra Leone
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22 January 2024 |
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Sierra Leone
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22 January 2024 |
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Court orders in‑chambers inspection of classified Defence documents; dismisses time‑barred breach‑of‑trust counts under section 302A.
Criminal procedure — disclosure vs national security — in-camera judicial inspection of classified Defence Council/MDF documents; public interest immunity; right to fair trial and disclosure obligations; particulars of bribery charges (unspecified amounts) — not fatal; statutory limitation — section 302A CP&EC — strict construction, time-barred misdemeanour counts discharged.
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Malawi
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12 January 2024 |
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Tanzania
· Zanzibar
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10 January 2024 |
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Lesotho
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12 December 2023 |
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Regulator acted ultra vires by treating subscription-management provider as a tariff-setting broadcaster; committee hearing was procedurally fair.
Communications law – Tariff regulation (s.74(1)) – Distinction between subscription broadcasting and subscription management services – Scope of licence – Ultra vires review – Delegation to committees (s.15) – Procedural fairness of regulatory enforcement hearing.
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Malawi
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1 December 2023 |
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Sierra Leone
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7 November 2023 |
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Lesotho
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26 October 2023 |
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Lesotho
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25 October 2023 |
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Lesotho
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19 October 2023 |
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Sierra Leone
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9 October 2023 |
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Sierra Leone
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6 October 2023 |
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Lesotho
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5 October 2023 |
