Results.
554 documents found.
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Jurisdiction |
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Eswatini
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3 May 2018 |
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An RRO may extend an asylum permit pending PAJA review; majority held renewal is obligatory until review finalises.
Immigration law — Refugee law — non‑refoulement and purposive/constitutional statutory interpretation — obligation — protection of access to court, life, dignity and freedom and security of the person
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South Africa
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24 April 2018 |
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Plaintiffs' claims for road‑works damage dismissed: negligence not proven and claim against authority statute‑barred.
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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Malawi
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23 April 2018 |
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Ghana
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8 March 2018 |
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Contract Law
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Uganda
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27 February 2018 |
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Zambia
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23 February 2018 |
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Appeal dismissed: lower court's adverse-possession finding upheld; inheritance statute inapplicable where not pleaded.
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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Malawi
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30 January 2018 |
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Namibia
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17 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.
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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Malawi
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7 December 2017 |
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Namibia
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6 December 2017 |
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Court allowed final extension to file record of appeal, finding delay not inordinate nor prejudicial.
Civil procedure – appeal – extension of time to file record of appeal – Order 13 Rule 3(3) Court of Appeal Rules – inordinate delay a question of fact – prejudice to respondent – dismissal for want of prosecution.
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Zambia
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28 November 2017 |
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Appellant allocated customary land by chief and, after respondent's long delay, obtained permanent usage and occupation rights.
Land law — Customary land — Allocation and authority of chiefs to authorize use — Land Act ss.2, 25, 26 — No individual title
Property — Possession and acquiescence — Development and long delay — Acquisition of permanent rights of usage and occupation
Civil procedure — Appeal to High Court — Rehearing standard and burden of proof on claimant
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Malawi
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24 October 2017 |
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Plaintiff’s Sheriff-auction acquisition of immovable mining assets failed due to irregular execution and lack of statutory surface rights and licence.
Civil procedure – Execution and sale by Sheriff – writ of fieri facias vs sale of immovable property; Sheriff’s Act ss14–15 – indemnity and purchaser protection; High Court Rules Order XLII – elegit and execution procedure; Mines and Minerals Development Act – mineral processing licence, surface rights, village consent and Zambian shareholding requirements; bona fide purchaser for value/no notice.
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Zambia
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28 September 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.
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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Malawi
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11 September 2017 |
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Eswatini
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10 August 2017 |
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Namibia
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28 July 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.
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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Malawi
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1 July 2017 |
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Eswatini
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27 June 2017 |
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Ghana
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31 May 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.
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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Malawi
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22 May 2017 |
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Leave granted for judicial review over alleged commencement of project without required EIA; ex parte injunction refused.
Administrative law — Judicial review — Leave to apply — Standing, amenability, and arguable case for full review
Environmental law — Environmental impact assessment — Requirement under EMA s.24 and GN No.58 of 1998 for projects withdrawing water from lakes
Civil procedure — Interim relief — Interlocutory injunction in judicial review — Ex‑parte relief requires demonstration of real urgency
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Malawi
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21 April 2017 |
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Eswatini
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18 April 2017 |
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Appellate court upheld conviction and concurrent sentences based on recent possession and an unreasonable explanation.
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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Malawi
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3 April 2017 |
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Namibia
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1 March 2017 |
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Destruction of ballot materials constituted noncompliance substantially affecting result; election set aside and fresh poll ordered.
Election law — Recount — Mandatory recount under s54 is part of the election process
Election law — Recount — Court‑ordered recount under s55 distinguished from mandatory recount
Election law — Noncompliance; tampering/destruction of ballot materials — Substantial effect on result — Election set aside
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Uganda
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6 February 2017 |
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Court continued interlocutory injunction to preserve disputed customary land pending trial.
Land law — Interim relief — Interlocutory injunction — Preservation of status quo pending trial
Civil procedure — Injunctions — Threshold test — Serious issue to be tried (American Cyanamid)
Remedies — Adequacy of damages — Land is unique; damages inadequate
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Malawi
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12 December 2016 |
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Biowatch protection against costs in constitutional litigation does not shield manifestly inappropriate, belated urgent proceedings.
Civil procedure — Urgency and abuse of process — Bringing urgent proceedings long after events and affording respondents inadequate time to respond
Constitutional law — Costs in constitutional litigation — Biowatch principles — Whether manifestly inappropriate or vexatious conduct justifies adverse costs orders
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South Africa
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1 December 2016 |
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Ghana
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23 November 2016 |
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Malawi
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27 October 2016 |
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Applicant failed to prove respondent was not a Ugandan citizen; respondent’s Ugandan documents established lawful nomination and election.
Election law – qualification to stand for Parliament – citizenship by birth and descent under the Constitution and relevant statutes
Evidence – authenticity and admissibility of documentary proof (uncertified photocopies, foreign voter cards) and proper proof of provenance. Burden and standard of proof in election petitions – contestant bears burden; balance of probabilities. Local authority powers – limits on registration of aliens under Aliens (Registration and Control) Act
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Uganda
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15 August 2016 |
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Ghana
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28 July 2016 |
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Zimbabwe
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15 June 2016 |
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Zimbabwe
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15 June 2016 |
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Election for MP set aside after court‑ordered recount was frustrated and destroyed ballots made result unverifiable.
Election law — Recounts — Mandatory recount under s.54 and court‑ordered recount under s.55 — Effect of destruction of ballot materials on recounts and verification
Election law — Non‑compliance with electoral statutes — Whether frustrated recount and missing election documents substantially affected result — Quantitative and qualitative assessment
Election law — Electoral offences — Proof required in election petition proceedings and distinction from pending criminal trial
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Uganda
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14 June 2016 |
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Malawi
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13 June 2016 |
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Namibia
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1 April 2016 |
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Detention at places not determined by the Director‑General breaches s34(1) and attracts delictual damages.
Immigration law — Immigration act s34(1) — Appellate court will not disturb damages absent misdirection or striking disparity
Immigration law — Immigration act s34(1) — Detention in places not so determined unlawful
Immigration law — Immigration act s34(1) — Director‑General required to determine places for detention of illegal foreigners
Immigration law — Immigration act s34(1) — Place of detention and lawfulness of detention are inseparable
Immigration law — Immigration act s34(1) — Unlawful detention gives rise to delictual damages
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South Africa
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18 February 2016 |
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Plaintiffs failed to prove customary rights; defendants' occupation upheld and claim dismissed with costs.
Land law — Customary land — Allocation and occupation — Requirement of proof and role of chiefs — Land Act ss 25, 26, 40
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Malawi
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8 February 2016 |
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Detention pending deportation is unlawful absent a Director‑General determination of the manner and place under s 34(1).
Immigration law — Detention pending deportation — Requirement that Director‑General determine manner and place of detention — Compliance with international standards (separation from criminal detainees)
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South Africa
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29 May 2015 |
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Trial held in prison without Chief Justice direction is a nullity; confessions obtained by compulsion must be excluded.
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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Malawi
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21 April 2015 |
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Whether the Director‑General lawfully closed a refugee reception office without required consultation and rational basis.
Administrative law — judicial review — Rationality of administrative action — Decision must be rationally related to statutory purpose and not taken in ignorance of material facts
Administrative law — Refugee reception offices — Closure to new applicants — Consultation requirement under s 8(1) of the Refugees Act
Administrative law — remedies — Supervisory relief/structural interdict/mandamus — Court power to secure compliance with prior orders and require restoration of services
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South Africa
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25 March 2015 |
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Namibia
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14 November 2014 |
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EIA consultation rights extend beyond title holders; subsequent consultations and agency approvals can cure initial EIA defects.
Environmental law — Environmental Impact Assessment — right to be consulted not limited to title holders; scope and cure of EIA defects; discretionary admission of further evidence on appeal; mining licence outsourcing permitted where affiliate licensed; reliance on agency approvals and mitigation conditions
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Zambia
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30 October 2014 |
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Whether a central bank lawfully revoked a bank's licence and reclaimed supervision and forensic audit costs.
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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Malawi
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27 October 2014 |
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Eswatini
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24 October 2014 |
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Eswatini
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25 September 2014 |
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Namibia
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11 September 2014 |
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Namibia
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26 March 2014 |
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Eswatini
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29 November 2013 |
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Default judgment entered prematurely was irregular; respondent lacked locus standi to claim EPF funds, appeal allowed with costs.
Civil procedure – default judgment – requirement to allow full 21‑day period for appearance – irregularity if judgment entered prematurely; locus standi – private person cannot recover or demand deposit into government Environmental Protection Fund (EPF); scrutiny of writ endorsements – claims must have legal basis and not be speculative; review and setting aside – once judgment is irregular necessity to exhibit defence falls away
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Zambia
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26 November 2013 |
