Results.
204 documents found.
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Jurisdiction |
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The claimant’s late-registered lease was void; earlier registered lease prevails and the trespass claim is dismissed.
Deeds Registration Act – mandatory registration period; late registration renders instrument void – priority of registration under s.8
Trespass – possessory tort; possession ordinarily sufficient but yields to superior registered title. Nemo dat quod non habet – unregistered surrender ineffective; re-grant by minister invalid if prior lease subsists. Res judicata – default judicial review judgment not a merits-based bar; identity of parties and merits required
Limitation – bars affirmative claims but does not preclude defendants relying on historical title defensively
Relief – interlocutory injunction vacated; court-directed survey to demarcate customary land boundaries
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Malawi
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30 December 2025 |
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Constitutional Law – Jurisdiction of the High Court – Enforcement of fundamental rights under section 19 of the Constitution – Proper procedure under section 22 of the Constitution and the Constitutional Litigation Rules – 2 Distinction between ordinary and constitutional jurisdiction – Application brought as an ordinary civil claim instead of under section 22 – Non-compliance with constitutional procedure rendering proceedings a nullity – Matter to commence de novo before the High Court exercising its constitutional jurisdiction – Principle against bifurcation of proceedings reaffirmed
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Lesotho
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7 November 2025 |
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Revenue law – Jurisdiction – High Court vs specialised tax tribunal – “Pay now, argue later” – Ouster or deferment of jurisdiction – Interdict to suspend tax payment – RAT Act 2005 – Income Tax Act 1993 – Condonation – Leave to appeal – Final vs interlocutory
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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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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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Criminal defamation provision struck down as an unconstitutional, disproportionate limit on freedom of expression.
Constitutional law — Freedom of expression — Criminal defamation — Section 200 Penal Code — Overbreadth, vagueness and chilling effect — Section 44 limitation test — Civil remedies as less restrictive means — Attorney General’s neutral role in constitutional referrals.
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Malawi
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17 July 2025 |
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Whether criminal defamation (section 200) unjustifiably limits freedom of expression and must be struck down.
Criminal defamation – Freedom of expression (section 35) – Limitation test (section 44(1),(2)) – Proportionality and necessity – Civil remedies as less restrictive means – Chilling effect – Decriminalisation consistent with regional and international jurisprudence – Attorney General’s impartial role in constitutional referrals.
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Malawi
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17 July 2025 |
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FLYNOTE Education Law — Appointment of school principal — Teaching Service Commission — Discretion to appoint from recommended candidates — Whether School Board’s ranking creates enforceable legitimate expectation — Procedural fairness — Rationality — Education Act 2010, s 42
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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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Lesotho
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18 March 2025 |
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Lesotho
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10 February 2025 |
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Lesotho
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6 February 2025 |
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Lesotho
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1 February 2025 |
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Uganda
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31 January 2025 |
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Malawi
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12 January 2025 |
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 African Regional Bodies
· African Union (AU)
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29 November 2024 |
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Court exercised its discretion to reopen pleadings and ordered the Respondent to file a response within 30 days.
Procedure — Reopening pleadings — Discretion under Rule 46(3) and inherent power under Rule 90 to meet the ends of justice
Jurisdiction — Withdrawal of Article 34(6) declaration — Withdrawal effective one year after deposit does not affect pending applications filed before it took effect
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African Regional Bodies
· African Union (AU)
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29 November 2024 |
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Court exercised discretion to reopen pleadings and granted the Respondent a 30-day extension to file its Response.
Civil procedure — Re-opening of pleadings — Court’s discretion under Rule 46(3) and inherent powers under Rule 90 — Granting extension and deeming late response filed
Human rights — Jurisdiction despite withdrawal of Article 34(6) declaration — No bearing on pending cases filed before withdrawal took effect — Protocol to the African Charter on Human and Peoples' Rights, Art.34(6)
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African Regional Bodies
· African Union (AU)
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29 November 2024 |
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Court exercised procedural discretion to reopen pleadings and ordered the Respondent to file its Response within 30 days.
Procedure — Reopening pleadings — Extension of time — Court’s discretion under Rule 46(3) and inherent power under Rule 90 to meet ends of justice
Jurisdiction — Article 34(6) declaration — Withdrawal does not affect pending or new cases filed before withdrawal took effect
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African Regional Bodies
· African Union (AU)
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29 November 2024 |
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Constitutional law — Fundamental rights — Equality before the law — Article 10 of the Constitution — Article 8 of the Constitution — Right to dignity — Same-sex relationships — Homosexuality — Criminal law — Common Law Sexual Offences — Sodomy — Unnatural sexual offences — Various forms of sexual conduct committed by a male person with another male person are not regarded as criminal, if committed by a male person with a female person — Differentiation which the impugned laws accord to homosexual men amounts to unfair discrimination and thus unconstitutional
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Namibia
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21 June 2024 |
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African Regional Bodies
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23 May 2024 |
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African Regional Bodies
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23 May 2024 |
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African Regional Bodies
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23 May 2024 |
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African Regional Bodies
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23 May 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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Applicant’s rush to appellate court was premature; lower court’s decision to hear matter inter partes was within its CPR case-management discretion.
Administrative law – judicial review – leave to apply and interim injunction – ex parte v inter partes hearings – case management discretion under CPR – balance of convenience and public interest in stays of administrative decisions.
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Malawi
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4 July 2023 |
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Lesotho
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20 June 2023 |
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Tanzania
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19 December 2022 |
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Human rights — Human rights and fundamental freedoms — right to privacy, freedom from torture, cruel, inhuman and degrading treatment or punishment Human rights and fundamental freedoms — the right of prisoners to humane living conditions and dignified treatment — the right to consent and privacy in HIV and AIDS testing
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Tanzania
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19 December 2022 |
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Tanzania
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21 October 2022 |
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Criminal law — Statutory rape — HIV transmission to a victim below the age of consent
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Tanzania
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21 October 2022 |
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Sentence – Prevention of Organised Crime Act – Smuggling of immigrants – Vulnerable persons exploited for money under pretext they will be relocated to other countries for better living conditions. All victims running away from the war in their country – Accused a first offender – Remorseful – Accused having testified in mitigation of sentence – Accused also testified about her ill health as a mitigating factor – Gravity of the offences and society’s legitimate interests far much outweigh the accused’s interests – A custodial sentence unavoidable under the circumstances
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Namibia
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8 September 2022 |
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Tanzania
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30 August 2021 |
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Tort — Defamation — defamation based on HIV status
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Tanzania
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30 August 2021 |
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The applicant's convictions were upheld on circumstantial evidence and call logs despite improper use of section 3 CP&EC.
Criminal law
ircumstantial evidence
dmissibility of call logs/business records alse police statement as perjury xtradition (s.21)
ddition of lesser offences provable by extradition facts xclusion of illegally obtained evidence
nd limited scope of s.3 CP&EC
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Malawi
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14 July 2021 |
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Zimbabwe
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16 June 2021 |
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Human rights and fundamental freedoms - right to a fair trial- right to legal representation Sentencing – interpretation of sections 70 and 80(1)(c) of the Criminal Law (Codification and Reform) Act - minimum mandatory sentence of not less than ten years for engaging in sexual intercourse with a young person and exposing them to the risk of HIV transmission
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Zimbabwe
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16 June 2021 |
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Criminal procedure — Bail Appeal – Appellant represented – Partly viva voce then by way of affidavit – The use of affidavits reconfirmed – Respondent filed opposing affidavits – Appellant not truthful in giving his place of residence – Not in the interest of administration of justice and public interest to release on bail – No misdirections by magistrate – Appeal dismissed
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Namibia
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29 March 2021 |
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Seychelles
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1 June 2020 |
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Uganda
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13 December 2018 |
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The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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Communication struck out for lack of diligent prosecution after failure to meet admissibility deadlines.
Procedure — Admissibility — Diligent prosecution and striking out communications — Rules 105(1) and 113 of the Commission's Rules of Procedure
Human rights — Exhaustion of domestic remedies — Allegation of impossibility not adjudicated due to procedural dismissal
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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Communication alleging torture and unlawful detention struck out for lack of diligent prosecution after missed admissibility deadlines.
Human rights — exhaustion of domestic remedies — Claim of impossibility in post‑coup context
Human rights — Procedural requirements — Diligent prosecution of Communications — Commission’s power to strike out
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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Communication struck out for lack of diligent prosecution after failure to file admissibility submissions.
Human rights — Admissibility — Diligent prosecution — Striking out communications for failure to comply with procedural deadlines (Rules 105(1), 113)
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
