Results.
59 judgments found.
|
|
|
| May 2026 |
|
|
Court enforces written sale; bank financing not a condition precedent; only nominal damages awarded.
-
Contract law
-
— 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)
-
— Remedies — Damages and special damages — Requirement to plead and prove special damages with particularity — Nominal damages where loss not proved
|
11 May 2026 |
|
High Court lacks jurisdiction to hear a constitutional challenge to parliamentary procedure; matter belongs to the Constitutional Court.
-
Constitutional law — Jurisdiction — Exclusive original jurisdiction of the Constitutional Court to interpret the Constitution — Article 128(1)
-
Civil procedure — Judicial review — Leave under Order 53 — Inapplicability where resolution requires constitutional interpretation and falls within Constitutional Court’s exclusive jurisdiction
|
8 May 2026 |
|
Resignation to evade pending disciplinary proceedings is not constructive dismissal; employer may claim notice pay forfeiture.
-
Employment law
-
— Constructive dismissal — Whether resignation to avoid disciplinary proceedings amounts to constructive dismissal — Employer entitled to suspend and discipline where reasonable
-
— Contractual obligations — Notice clause — Breach by resignation without notice results in forfeiture or pay in lieu of notice
|
6 May 2026 |
| April 2026 |
|
|
Arrest and prosecution were lawful where officers had reasonable suspicion and statutory authority despite dispute over Delta‑9 THC testing.
-
Constitutional law — Personal liberty — Arrest on reasonable suspicion — Article 13(1)(e) of the Constitution
-
Criminal procedure — Search, seizure and detention — Power to enter/search/seize/detain under Narcotic Drugs and Psychotropic Substances Act s 52
-
Civil tort — Malicious prosecution — Requirement of absence of reasonable and probable cause and proof of malice — Burden on claimant
|
27 April 2026 |
|
Assessment by an unregistered occupational therapist vitiated parental consent; school breached child's rights and nominal damages awarded.
-
Children's law — Parental consent and assessments — Assessment conducted by unregistered practitioner vitiates consent — School liability for facilitating referral
-
Education law — Teacher conduct — Defamation/slander — Claim requires specific words and third‑party proof
-
Health professions — Registration — Practising without registration — Reprimand and document production but no disciplinary referral where practitioner unregistered
|
24 April 2026 |
|
Where the respondent failed to comply with a bankruptcy notice, the applicant obtained a receiving order and bankruptcy petition granted.
-
Bankruptcy — Creditor's petition — Act of bankruptcy by non‑compliance with a bankruptcy notice — Bankruptcy Act ss 3(1)(g), 4, 7
-
Civil procedure — Service — Substituted service — Validity for bankruptcy notice and petition
-
Bankruptcy — Receiving order — Court's power to protect estate where act of bankruptcy established (s 5)
|
24 April 2026 |
|
Prosecution failed to prove the accused wilfully breached approval procedure for fuel imprests due to lack of procedural documentation.
-
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
-
Public finance — Administrative procedure — Fuel imprest formula versus approval procedure — Cabinet Office Circular No.7 of 2012
-
Evidence — Documentary proof required to establish prescribed administrative procedures — Absence undermines criminal conviction
|
23 April 2026 |
|
Court dismissed application to set aside winding-up petition; statutory demand served and shareholder disputes did not invalidate petition.
-
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)
|
20 April 2026 |
|
Sentencing court may review trial record; conviction quashed for unsafe identification and lack of corroboration.
-
Criminal law — Sentencing procedure — High Court’s duty to review subordinate court record before imposing sentence — Criminal Procedure Code ss 217, 218
-
Children law — Child witness evidence — Age inquiry provisions v. reception of child evidence; application of Children’s Code ss 71, 78
-
Criminal law — Identification and corroboration — Requirement for independent corroboration and reliable identification in convictions based on child complainant evidence — case law on identification (Phiri, Nyambe)
|
17 April 2026 |
|
Leave granted to seek judicial review of university suspension for alleged illegality, irrationality and procedural impropriety.
-
Administrative law — Judicial review — Leave to apply — Illegality, irrationality and procedural impropriety — Order 53 RSC
-
Civil procedure — Affidavit evidence — Counsel seized with conduct — Requirement to disclose source and prejudice
|
17 April 2026 |
|
Court ordered respondents to convene arbitral tribunal after they failed to act under the constitution’s arbitration clause.
-
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
|
2 April 2026 |
|
Failure to prove an employment relationship; claims for arrears and benefits dismissed.
-
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
|
1 April 2026 |
| March 2026 |
|
|
Court granted bail pending appeal due to exceptional circumstances: arguable appeal and risk of serving sentence before determination.
-
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
|
31 March 2026 |
|
Attainment of retirement age without giving required notice does not constitute retirement, so payroll retention and post‑retirement benefits fail.
-
Employment law — retirement age and notice requirements; Interpretation of by‑laws (S.I. No. 2 of 1995) and effect of S.I
-
No. 46 of 2019; Article 189(2)
-
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
|
31 March 2026 |
|
Conviction for theft quashed where prosecution failed to prove taking or fraudulent intent and trial court relied on speculation.
-
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
|
31 March 2026 |
|
A legal practitioner who withdraws and dissipates client funds without authorization breaches a strict fiduciary duty and may be struck off.
-
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
|
31 March 2026 |
|
Substitution of disciplinary charge valid if offences share same ingredients; excess leave forfeited; pension refund limited to employee contributions.
-
Disciplinary law — Acting Director-General — Proper disciplinary body — Substitution of charge — Natural justice — Accrued leave limits under conditions of service — Pension entitlements on dismissal
|
31 March 2026 |
|
Plaintiffs failed to prove the Extraordinary General Conference or election were invalid; claim dismissed and each party bears own costs.
-
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.
|
27 March 2026 |
|
Employee failed to prove salary arrears and overtime; awarded leave pay and gratuity due to employer's failure to prove lawful deductions.
-
Employment law
-
— Remuneration — Underpayment claims and evidential burden — Employee must plead particulars to shift burden to employer
-
— Leave and benefits — Accrued leave pay at statutory rate of two days per month — Assessment by Registrar
-
— Gratuity and deductions — Applicability to permanent employees and lawful deductions requiring disciplinary proof — Employment Code ss 68(1)(g), 73
|
25 March 2026 |
|
Court allowed amendment and extension of time where termination arose from same facts as earlier suspension and no prejudice shown.
-
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
|
20 March 2026 |
|
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.
-
Employment law — Limitation periods — Conflict between Employment Code s52(6) and IRD Act s85(3) — IRD Act ninety-day period governs Industrial Relations Division
-
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
-
Employment law — Extension of time — Court may exercise discretion to extend filing period where reasons for delay are reasonable and no prejudice shown
|
20 March 2026 |
|
Applicant's challenge to removal as Ngoni chief dismissed; paramount chief's customary authority upheld.
|
19 March 2026 |
|
A commitment letter during ongoing negotiations did not create a binding contract; claims were dismissed.
-
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.
|
13 March 2026 |
|
Plaintiffs proved false imprisonment and are awarded damages, but failed to prove malicious prosecution for lack of malice.
-
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.
|
11 March 2026 |
|
Fixed-term non-renewal not breach absent proof of required appraisal; premature termination of contracted health cover breached contract.
-
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
|
11 March 2026 |
|
The accused’s failure to restrain and comply with statutory duties for dogs amounted to manslaughter by gross negligence.
-
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.
|
11 March 2026 |
|
Claim for detention damages dismissed; only accrued leave pay awarded; gratuity denied; each party to bear own costs.
-
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
|
10 March 2026 |
|
Defendant entitled to set off losses from thefts against unpaid invoices; exact losses to be assessed by the Registrar.
-
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.
|
5 March 2026 |
|
Court dismissed both claim and counterclaim for want of prosecution due to inexcusable non-compliance with directions.
-
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.
|
3 March 2026 |
| February 2026 |
|
|
Default judgment cannot be endorsed without proof of proper service by an endorsed writ and affidavit.
-
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.
|
23 February 2026 |
|
Whether unilateral demolition of a shared boundary wall is nuisance and how fence costs/damages are apportioned under the Fencing Act.
-
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.
|
23 February 2026 |
|
Procedural defects did not overturn summary dismissal for proven operational misconduct; outstanding staff loans remain repayable.
-
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.
|
20 February 2026 |
|
A dismissed permanent employee is not entitled to severance pay but is entitled to accrued gratuity and pension benefits, payable with interest.
-
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.
|
18 February 2026 |
|
A public body cannot itself sue for statutory surcharges; recovery of lost public funds lies with the Treasury and Attorney General.
-
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.
|
18 February 2026 |
|
The court granted leave to subpoena PACRA for company records and testimony, rejecting res judicata and timing objections.
-
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
|
18 February 2026 |
|
Whether environmental rights enforcement under the Act can proceed without exhausting statutory administrative appeals.
|
17 February 2026 |
|
Whether an arbitral tribunal constituted by an Ad Hoc submission agreement can bind a non‑signatory company.
-
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.
|
16 February 2026 |
|
Plaintiffs failed to prove an accrued entitlement or legitimate expectation to discretionary 2021 bonuses; case dismissed with costs.
-
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.
|
13 February 2026 |
|
Redundancy was procedural unlawful for inadequate notice; awards include one month's salary, accrued leave, two months per year redundancy, and payroll continuation.
-
Employment law
-
— Redundancy — Statutory procedure and notice requirements under Employment Code Act s 55
-
— Redundancy pay — Non-retrospective application of Employment Code; application of repealed Employment Act/Ministerial Orders for pre-Act service and calculation at two months per completed year
-
— Remedies — Damages for inadequate notice, accrued leave pay, payroll continuation until full payment of redundancy benefits
|
9 February 2026 |
|
|
9 February 2026 |
|
Whether unpaid contract gratuity qualifies as a pension benefit entitling the applicant to payroll retention and back pay.
-
Employment law — fixed-term gratuity — whether end-of-contract gratuity qualifies as a pension benefit — retention on payroll under collective agreement clause 19.6.3 — interplay with Articles 187, 189 and 266 of the Constitution and Section 73 Employment Code — requirement to adduce cogent evidence of pension-law basis.
|
3 February 2026 |
| January 2026 |
|
|
Court dismissed application to set aside third party proceedings, holding leave was properly granted and merits are for trial.
-
Third party proceedings — Order 16 rule 2 — leave to issue third party notice — prima facie requirement — indemnity claims — merits to be determined at trial — avoidance of multiplicity of actions.
|
30 January 2026 |
|
An application to strike out a director for misjoinder failed where facts did not show he acted personally rather than for the company.
-
Company law — separate legal personality — corporate veil — misjoinder/striking out under Order 14 Rule 5(2) — director’s personal liability — interlocutory determination of factual questions.
|
30 January 2026 |
|
Whether WhatsApp service of a pre‑litigation demand letter suffices to commence proceedings under Order 6 Rule 1(d).
-
Civil procedure — Pre‑litigation demand letter — Order 6 Rule 1(d) High Court Rules — Validity of service by WhatsApp — Affidavit of service as corroboration — Order 2 Rule 2 RSC (set aside for irregularity) — Electronic Communications and Transactions Act 2021 does not override Rules of Court on service.
|
28 January 2026 |
|
Application for judicial review of presidential appointment of a constitutional technical committee dismissed for lack of an arguable case.
-
Judicial review — leave requirement — arguable case at leave stage; Illegality — acting beyond lawful power; Procedural impropriety — absence of prescribed appointment procedures; Constitutional amendment process — role of wide public consultations; Presidential immunity (Article 98(i)).
|
28 January 2026 |
|
Bail pending appeal denied: applicant failed to show exceptional circumstances or realistic prospect of success on appeal.
-
Criminal procedure — Bail pending appeal — Discretion under s332(1) — Exceptional circumstances required — Two‑part test: likelihood of success on appeal and whether substantial portion of sentence will be served before appeal — Indecent assault does not require penetration; absence of penetration in medical report not decisive.
|
27 January 2026 |
|
|
27 January 2026 |
|
Leave granted for judicial review of deportation for alleged illegality and denial of opportunity to make representations.
-
Judicial review — Leave to apply — Deportation orders — Proper mode of challenge to deportation (judicial review) — Section 39 Immigration and Deportation Act — Limits on Minister's power where fines, not imprisonment, imposed — Procedural fairness: right to make representations (48 hours) — Time limits under Order 53 and availability of alternative remedies (Section 10).
|
22 January 2026 |
|
Resignation found ordinary, not constructive dismissal; employer lawfully deducted outstanding loan; all claims dismissed.
-
Employment law — Constructive dismissal — Fundamental breach of contract and intolerable work environment — Resignation as ordinary resignation; Loan recovery — Employer entitled to deduct outstanding employee loan from contractual dues; Costs — Industrial relations norm of each party bearing own costs applies.
|
22 January 2026 |
|
Court stayed proceedings pending appellate determination and held email service on a director satisfied the demand-letter requirement.
-
Civil procedure — Order VI Rule 1(d) — letter of demand requirement — service by email on director valid where primary modes fail (Companies Act s34).; Enforcement — writ of fieri facias — validity and enforcement challenged in concurrent proceedings; Jurisdiction — functus officio and supervisory power of court over enforcement procedures; Abuse of process — multiplicity of actions and forum shopping; Stay — discretionary stay pending appellate determination to avoid conflicting decisions
|
19 January 2026 |