Africa: Litigation, Mediation & Arbitration

The Gauteng High Court examined whether a non-patrimonial damages claim against the National Director of Public Prosecutions could survive the claimant's death when the NDPP was joined to proceedings...

The South African Constitutional Court examined a critical question in damages law: when should interest begin accruing on awards for general damages in cases of unlawful arrest and detention? The ruling in Minister of Police v Khedama establishes a definitive framework for calculating interest on unliquidated debts, distinguishing between pecuniary losses and general damages to prevent overcompensation.

Medical negligence litigation is among the most evidence-driven forms of civil proceedings. A claimant who has suffered an unfortunate medical outcome does not succeed merely because the treatment failed or an injury occurred. The law recognises that medicine is not an exact science, and healthcare professionals are not guarantors of successful outcomes.

A High Court judgment has reinforced the protection of litigation privilege for expert reports commissioned by insurers during pending litigation. When a loss adjuster's preliminary report was requested for disclosure, the court examined whether it qualified for privilege protection and what implications this holds for the insurance industry's handling of expert assessments in claims disputes.

The Gauteng High Court's judgment in TMM Holdings v Skycastle Securities examines when litigation privilege protects documents from disclosure, specifically addressing whether insurance claim forms and investigative reports created for multiple purposes qualify for privilege. The court applied the dominant purpose test to determine if documents prepared simultaneously for insurance claims, internal investigations, and potential litigation must be disclosed in discovery proceedings.

Nigerian courts face a growing challenge as AI-generated evidence—screenshots, audio, video, and documents—enters legal proceedings without clear statutory guidance. While the Evidence Act 2011 (amended 2023) governs electronic evidence, it predates generative AI and leaves critical questions about authenticity, reliability, and admissibility of AI-generated content unresolved. Can Nigeria's existing legal framework adequately address deepfakes, synthetic media, and machine-learning outputs in j

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A South African Labour Court has stayed disciplinary proceedings after discovering that the chairperson's ruling relied on AI-generated, fictitious case citations. The judgment examines whether blind reliance on artificial intelligence tools constitutes a failure to apply independent legal reasoning, and what consequences flow from submitting fabricated authorities to courts and tribunals.

Medical negligence in Nigeria presents significant challenges for victims seeking justice, from proving breach of duty to navigating systemic barriers in obtaining medical records.

In Uzbekistan's digital landscape, creative works can be copied within minutes, making proper documentation of authorship critical before commercial use. This guide explores the legal framework for protecting literary...

The word ‘absentia’ is a Latin term meaning ‘absence’. Trial in absentia occurs when a defendant is tried in his/her absence. This practice developed from the need to ensure justice and remedy the plague of absconding defendants, a trend that frustrated the judicial process.

The Fast-Moving Consumer Goods sector depends on complex cross-border supply chains where disputes can compound rapidly due to perishability, fast inventory turnover, and thin margins. When foreign suppliers enter African markets, contractual ambiguities around governing law, payment terms, and dispute resolution mechanisms often leave businesses exposed to protracted legal battles that far exceed what proper drafting would have cost.