Results.
3,481 judgments found.
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| June 2026 |
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Applicant charged with a state security offence granted bail where prosecution did not oppose and continued detention was unjustified.
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Criminal Law — Bail — Admission to bail pending trial — Application under Criminal Procedure Code s 123(3) and (4) read with s 33 — Effect of prosecution's non‑opposition
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Criminal Procedure — Arrest and Detention — Detention without being taken to court beyond 24 hours — Relevance to bail entitlement
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4 June 2026 |
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Failure to file mandatory skeleton arguments and authorities with a nomination petition divests the court of jurisdiction.
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Election Law — Nomination Petitions — Requirement to file skeleton arguments, list of authorities and supporting documents with the petition — High Court (Election Petition) Rules r 4(3)
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Civil Procedure — Jurisdiction — Mandatory procedural requirements — Effect of non-compliance with statutory "shall" provisions divests court of jurisdiction and renders proceedings incompetent
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3 June 2026 |
| May 2026 |
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The defendant’s non-payment under a credit agreement constituted breach; interest, not general damages, was the proper remedy.
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Contract Law — Sale of Goods — Credit agreement and delivery — Existence of contract and proof of delivery — Sale of Goods Act s 28
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Remedies — Measure of Damages — Non-payment of money — Interest as appropriate compensation for breach
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22 May 2026 |
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A pre‑marital house can be adjusted for divorce where the appellant made substantial post‑marital contributions; remitted for valuation.
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Family law
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Matrimonial property — Pre‑marital acquisition rendered amenable to adjustment by post‑marital contributions — Matrimonial Causes Act s55(1)(b)
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Property adjustment — Apportionment of shares — Insufficient evidence requires remittal for inquiry and valuation
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18 May 2026 |
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Plaintiff succeeds in malicious prosecution claim; defamation claim fails for lack of proof of defamatory effect.
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Civil
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Malicious prosecution — Elements and proof — Termination in claimant's favour; absence of reasonable and probable cause; malice
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Defamation (libel) — Publication and defamatory effect — Requirement to adduce evidence of impact on right‑thinking members of society
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18 May 2026 |
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Whether enforcement of security documents is arbitrable when enforcement depends on breaches under an arbitration‑governed sale agreement.
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Arbitration Law — Interim Measures — Mode of commencement where enforcement of securities derives from an arbitration‑governed sale agreement — Arbitration Act s 11
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Civil Procedure — Vacation Filing — Leave to file during Michaelmas vacation — High Court Rules Order 49 r 3; Order 2 r 4
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18 May 2026 |
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Lateral transfer changing duties but retaining rank did not amount to constructive dismissal, demotion or redundancy; claim dismissed.
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Employment Law
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Transfers and Job Duties — Whether lateral transfer altering duties and reporting lines constitutes constructive dismissal
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Demotion and Redundancy — Whether movement to a pari passu post without statutory breach amounts to unlawful demotion or redundancy
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Remedies and Costs — Voluntary resignation following transfer negates claim for compensation; no costs awarded
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15 May 2026 |
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Exemption Regulations relieved agricultural employer of statutory gratuity obligation; complainant's underpayment and overtime claims dismissed.
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Employment Law
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Gratuity on Long‑Term Contracts — Effect of Employment Code Act s 73 and applicability to two‑year contract — Application of statutory rate pre‑exemption
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Statutory Exemptions — Employment Code (Exemption) Regulations SI No. 48 of 2020 — Exemption of agricultural sector from gratuity obligation from 8 May 2020
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Civil Procedure — Pleadings and Evidence — Late‑raised overtime claim without pleading or payslips inadmissible — Industrial Relations Court Rules
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15 May 2026 |
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Court lifted the corporate veil for fraudulent borrowing, holding directors personally liable and ordering asset sale.
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Company Law — Lifting Corporate Veil — Fraudulent procurement of loans by directors — Corporate Insolvency Act s 175(1)
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Civil Procedure — Review — Admission of further affidavit after judgment — Court may reverse under Order 39 Rule 1
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15 May 2026 |
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Defendant liable for substituted minerals and for loans collected by ostensible agents; other special damage claims dismissed.
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Contract — Sale and carriage of goods — Secret substitution of cargo during transport — Seller's contractual duty to ensure safety and accuracy of shipped goods
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Agency — Ostensible authority — Persons holding themselves out as company agents collecting funds — Principal liable where third party reasonably relied on representation
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13 May 2026 |
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Post‑divorce property adjustment dismissed: no subsisting right survived the deceased petitioner's estate.
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Family Law — Property Adjustment — Survival of cause of action after death — Whether ancillary relief under s55 survives absent prior order
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Civil Procedure
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Substitution of Parties — Alteration of party after death — Court's inherent jurisdiction to cure defects under Order 16/15
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Ancillary Relief — Requirement for leave and impact of inordinate delay on grant of relief
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11 May 2026 |
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Court enforces written sale; bank financing not a condition precedent; only nominal damages awarded.
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Contract law
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Sale of land — Condition precedent/financing — Whether payment was conditional on bank financing — Parol evidence rule and incorporation of terms (LAZ General Conditions of Sale 2018)
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Remedies — Damages and special damages — Requirement to plead and prove special damages with particularity — Nominal damages where loss not proved
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11 May 2026 |
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High Court lacks jurisdiction to hear a constitutional challenge to parliamentary procedure; matter belongs to the Constitutional Court.
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Constitutional law — Jurisdiction — Exclusive original jurisdiction of the Constitutional Court to interpret the Constitution — Article 128(1)
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Civil procedure — Judicial review — Leave under Order 53 — Inapplicability where resolution requires constitutional interpretation and falls within Constitutional Court’s exclusive jurisdiction
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8 May 2026 |
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Resignation to evade pending disciplinary proceedings is not constructive dismissal; employer may claim notice pay forfeiture.
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Employment law
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Constructive dismissal — Whether resignation to avoid disciplinary proceedings amounts to constructive dismissal — Employer entitled to suspend and discipline where reasonable
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Contractual obligations — Notice clause — Breach by resignation without notice results in forfeiture or pay in lieu of notice
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6 May 2026 |
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Whether the dispute arises from a commercial transaction and is therefore transferable to the Commercial Division.
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Commercial law — Transfer to Commercial List — Whether cause of action and issues of fact arise from transactions relating to commerce, trade or industry — High Court Rules Order 53 r11
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4 May 2026 |
| April 2026 |
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Arrest and prosecution were lawful where officers had reasonable suspicion and statutory authority despite dispute over Delta‑9 THC testing.
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Constitutional law — Personal liberty — Arrest on reasonable suspicion — Article 13(1)(e) of the Constitution
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Criminal procedure — Search, seizure and detention — Power to enter/search/seize/detain under Narcotic Drugs and Psychotropic Substances Act s 52
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Civil tort — Malicious prosecution — Requirement of absence of reasonable and probable cause and proof of malice — Burden on claimant
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27 April 2026 |
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Assessment by an unregistered occupational therapist vitiated parental consent; school breached child's rights and nominal damages awarded.
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Children's law — Parental consent and assessments — Assessment conducted by unregistered practitioner vitiates consent — School liability for facilitating referral
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Education law — Teacher conduct — Defamation/slander — Claim requires specific words and third‑party proof
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Health professions — Registration — Practising without registration — Reprimand and document production but no disciplinary referral where practitioner unregistered
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24 April 2026 |
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Where the respondent failed to comply with a bankruptcy notice, the applicant obtained a receiving order and bankruptcy petition granted.
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Bankruptcy
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Creditor's petition — Act of bankruptcy by non‑compliance with a bankruptcy notice — Bankruptcy Act ss 3(1)(g), 4, 7
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Receiving order — Court's power to protect estate where act of bankruptcy established (s 5)
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Civil procedure — Service — Substituted service — Validity for bankruptcy notice and petition
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24 April 2026 |
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Prosecution failed to prove the accused wilfully breached approval procedure for fuel imprests due to lack of procedural documentation.
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Criminal law — Anti‑corruption — Wilful failure to follow laid down procedure — Proof of ingredients and onus of prosecution — Anti‑Corruption Act No.3 of 2012 s 34(2)(b), s 41
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Public finance — Administrative procedure — Fuel imprest formula versus approval procedure — Cabinet Office Circular No.7 of 2012
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Evidence — Documentary proof required to establish prescribed administrative procedures — Absence undermines criminal conviction
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23 April 2026 |
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Court dismissed application to set aside winding-up petition; statutory demand served and shareholder disputes did not invalidate petition.
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Winding-up petition — statutory demand/section 57(3) Corporate Insolvency Act — service on contributory (Companies (Winding-Up) Rules rule 9(1)) — counsel deposing to affidavits in contentious matters — abuse of process — conflict of interest/shareholding — separate corporate personality (Salomon)
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20 April 2026 |
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Sentencing court may review trial record; conviction quashed for unsafe identification and lack of corroboration.
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Criminal law
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Sentencing procedure — High Court’s duty to review subordinate court record before imposing sentence — Criminal Procedure Code ss 217, 218
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Identification and corroboration — Requirement for independent corroboration and reliable identification in convictions based on child complainant evidence — case law on identification (Phiri, Nyambe)
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Children law — Child witness evidence — Age inquiry provisions v. reception of child evidence; application of Children’s Code ss 71, 78
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17 April 2026 |
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Leave granted to seek judicial review of university suspension for alleged illegality, irrationality and procedural impropriety.
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Administrative law — Judicial review — Leave to apply — Illegality, irrationality and procedural impropriety — Order 53 RSC
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Civil procedure — Affidavit evidence — Counsel seized with conduct — Requirement to disclose source and prejudice
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17 April 2026 |
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Court ordered respondents to convene arbitral tribunal after they failed to act under the constitution’s arbitration clause.
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Arbitration Act s.12(4)(a) — Court powers to secure appointment of arbitrator where party fails to act; FAZ Constitution Article 63 — arbitration for disputes affecting clubs; urgent intervention to protect participation rights in ongoing competition
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2 April 2026 |
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Failure to prove an employment relationship; claims for arrears and benefits dismissed.
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Employment law — Employment relationship — Whether claimants were employees or engaged by an independent contractor — Tests of control, integration and economic dependence — Employment Code Act s 3
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1 April 2026 |
| March 2026 |
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Court granted bail pending appeal due to exceptional circumstances: arguable appeal and risk of serving sentence before determination.
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Criminal procedure — Bail pending appeal — Exceptional circumstances required — Prima facie prospects of success — Risk of serving sentence before appeal heard — Manslaughter: gross negligence, duty of care, causation
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31 March 2026 |
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Attainment of retirement age without giving required notice does not constitute retirement, so payroll retention and post‑retirement benefits fail.
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Employment law — retirement age and notice requirements; Interpretation of by‑laws (S.I. No. 2 of 1995) and effect of S.I
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No. 46 of 2019; Article 189(2)
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Constitution — retention on payroll limited to pension benefits under pension law; distinction between retrenchment and pension benefits; counterclaim — delay in remedy and failure to recover from terminal benefits disentitles employer
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31 March 2026 |
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Conviction for theft quashed where prosecution failed to prove taking or fraudulent intent and trial court relied on speculation.
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Criminal law — Theft: elements of theft (taking/movement, fraudulent intent, absence of claim of right) — Burden of proof beyond reasonable doubt — Administrative acts (requisitioning/stock control) do not amount to taking absent movement or fraud — Trial judge must give reasoned judgment and not convict on speculation — Adverse inference from alleged 'volunteer' status improper without evidence
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31 March 2026 |
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A legal practitioner who withdraws and dissipates client funds without authorization breaches a strict fiduciary duty and may be struck off.
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Professional misconduct — failure to account — client trust funds — unauthorized withdrawal and transfer — strict fiduciary duty under Legal Practitioners Act and Practice Rules — striking off as sanction
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31 March 2026 |
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Substitution of disciplinary charge valid if offences share same ingredients; excess leave forfeited; pension refund limited to employee contributions.
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Disciplinary law — Acting Director-General — Proper disciplinary body — Substitution of charge — Natural justice — Accrued leave limits under conditions of service — Pension entitlements on dismissal
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31 March 2026 |
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Plaintiffs failed to prove the Extraordinary General Conference or election were invalid; claim dismissed and each party bears own costs.
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Political party governance — validity of Extraordinary General Conference and election — compliance with party constitution and regulations — evidential burden and proof — internal party electoral regulations not produced — constitutional challenge (Article 60(2)) falls to Constitutional Court.
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27 March 2026 |
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Employee failed to prove salary arrears and overtime; awarded leave pay and gratuity due to employer's failure to prove lawful deductions.
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Employment law
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Remuneration — Underpayment claims and evidential burden — Employee must plead particulars to shift burden to employer
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Leave and benefits — Accrued leave pay at statutory rate of two days per month — Assessment by Registrar
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Gratuity and deductions — Applicability to permanent employees and lawful deductions requiring disciplinary proof — Employment Code ss 68(1)(g), 73
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25 March 2026 |
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Court allowed amendment and extension of time where termination arose from same facts as earlier suspension and no prejudice shown.
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Civil procedure — amendment of pleadings; new cause of action permitted if arising from same or substantially same facts; extension of time under s.85(3) IRD Act; Employment Code v IRD Act time-limit conflict; avoidance of multiplicity of actions; prejudice
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20 March 2026 |
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Court allowed late filing and amendment to add termination claim where it arose from the same facts as the suspension, applying IRD Act ninety-day rule.
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Employment law
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Limitation periods — Conflict between Employment Code s52(6) and IRD Act s85(3) — IRD Act ninety-day period governs Industrial Relations Division
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Extension of time — Court may exercise discretion to extend filing period where reasons for delay are reasonable and no prejudice shown
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Civil procedure — Amendment of pleadings — Introduction of new cause of action permissible where new cause arises out of same or substantially same facts and no prejudice results
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20 March 2026 |
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Applicant's challenge to removal as Ngoni chief dismissed; paramount chief's customary authority upheld.
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19 March 2026 |
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A commitment letter during ongoing negotiations did not create a binding contract; claims were dismissed.
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Contract formation — Commitment letters/letters of intent — Intention to create legal relations — Certainty of essential terms — Consideration — Proof of special damages for loss of business.
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13 March 2026 |
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Plaintiffs proved false imprisonment and are awarded damages, but failed to prove malicious prosecution for lack of malice.
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Malicious prosecution — elements: prosecution, favorable termination, absence of reasonable and probable cause, malice; False imprisonment — unlawful arrest, burden of proof; Damages — general, aggravated, exemplary; Effect of defendant's default on burden of proof.
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11 March 2026 |
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Fixed-term non-renewal not breach absent proof of required appraisal; premature termination of contracted health cover breached contract.
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Contract law — fixed-term employment and effluxion of time; Renewal clauses — interpretation and employee obligations (PDJ initiation); Legitimate expectation — requirement of clear/unambiguous representation by authorized decision-maker; Employment benefits — employer breach for premature termination of contracted health insurance; Remedies — damages, interest, costs
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11 March 2026 |
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The accused’s failure to restrain and comply with statutory duties for dogs amounted to manslaughter by gross negligence.
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Criminal law — Manslaughter by omission — Duty of care of animal owner; Control of Dogs Act breaches — registration, vaccination, confinement, numerical limits; Culpable/gross negligence as basis for manslaughter; Causation — but for test; Young child/tender years — not treated as trespasser; Regulatory breach elevating to criminal liability.
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11 March 2026 |
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Claim for detention damages dismissed; only accrued leave pay awarded; gratuity denied; each party to bear own costs.
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Employment law — leave pay entitlement; gratuity under Employment Code; claims for damages arising from police report; liability for wrongful arrest — reporter v. State; counterclaim for overpaid wages; offset of outstanding leave pay
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10 March 2026 |
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Defendant entitled to set off losses from thefts against unpaid invoices; exact losses to be assessed by the Registrar.
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Contract/Commercial law — Guarding services — interpretation of deployment instruction (two officers per shift) — breach of duty of care/negligence — set-off under clause 6.4 — disputed invoice procedure (clause 6.3.3) — valuation of losses to be assessed by Registrar — interest and costs to abide assessment.
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5 March 2026 |
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Court dismissed both claim and counterclaim for want of prosecution due to inexcusable non-compliance with directions.
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Civil procedure — dismissal for want of prosecution; failure to comply with orders for directions; inordinate/inexcusable delay; prejudice and risk to fair trial; dismissal of claim and counter-claim; costs — each party to bear own; leave to appeal granted.
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3 March 2026 |
| February 2026 |
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Default judgment cannot be endorsed without proof of proper service by an endorsed writ and affidavit.
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Civil procedure — Default judgment — Service of writ — Order X (10) Rule 22 High Court Rules — requirement of endorsed writ and affidavit of service — jurisdictional prerequisite — enlargement of time to enter appearance.
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23 February 2026 |
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Whether unilateral demolition of a shared boundary wall is nuisance and how fence costs/damages are apportioned under the Fencing Act.
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Property law — Nuisance (private v public) — Fencing Act requirements for dividing fences — Unilateral demolition and repair — Remoteness and proximate cause for loss of business damages — Apportionment of fence costs.
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23 February 2026 |
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Procedural defects did not overturn summary dismissal for proven operational misconduct; outstanding staff loans remain repayable.
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Employment law — Disciplinary procedure — Procedural irregularities (no show-cause, improper charging officer, delayed communication) — Substantive misconduct (breach of Tellers Guide/GPS) — Summary dismissal justified — Procedural breach insufficient where offence is dismissible — Salary arrears and loan repayment obligations.
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20 February 2026 |
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A dismissed permanent employee is not entitled to severance pay but is entitled to accrued gratuity and pension benefits, payable with interest.
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Employment law — severance pay — Section 54(1)(c) inapplicable to permanent/pensionable employees and dismissed employees; Accrued benefits — Section 51(1) entitlement on dismissal; Pension law — portability and payment of accrued pension under Pension Scheme Regulation Act; Joint liability of employer and pension fund manager for pension benefits.
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18 February 2026 |
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A public body cannot itself sue for statutory surcharges; recovery of lost public funds lies with the Treasury and Attorney General.
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Public Finance Management Act s52 — surcharge of public officers; Secretary to the Treasury's power to determine loss; Attorney General's exclusive right to sue for recovery; statutory bodies as 'public bodies'; refund vs surcharge distinction; Employment Code s68(1)(f) inapplicable.
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18 February 2026 |
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The court granted leave to subpoena PACRA for company records and testimony, rejecting res judicata and timing objections.
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Civil procedure — Subpoena duces tecum ad testificandum — High Court Act s27 and High Court Rules Order III r2 — production of corporate/registration records — res judicata objection — timing of subpoenas after witness lists
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18 February 2026 |
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Whether environmental rights enforcement under the Act can proceed without exhausting statutory administrative appeals.
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17 February 2026 |
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Whether an arbitral tribunal constituted by an Ad Hoc submission agreement can bind a non‑signatory company.
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Arbitration — jurisdiction founded on consent; Ad Hoc submission agreement superseding arbitration clauses; competence‑competence and Article 16(2)–(3); derivative claims — mandatory two‑stage leave procedure under s.331 Companies Act; non‑signatory party cannot be bound without consent; attendance does not necessarily equal waiver.
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16 February 2026 |
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Plaintiffs failed to prove an accrued entitlement or legitimate expectation to discretionary 2021 bonuses; case dismissed with costs.
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Employment law — discretionary performance bonuses — eligibility criteria (company objectives, individual year‑end appraisal, ability to pay, employment at payment) — accrued rights to bonuses — payment in lieu of notice terminates employment — legitimate expectation — pleadings and admissibility of unpleaded claims.
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13 February 2026 |