Judgments

Ombudsman jurisdiction – anonymous complaints and whistle‑blower protection (s12A); maladministration in public recruitment; statutory interpretation of qualifications (s6(5) Corrupt Practices Act); separation of powers and administrative oversight.

Judicial review — amenability of executive actions; administrative justice — s43 right to lawful and procedurally fair administrative action and reasons; ultra vires and Wednesbury unreasonableness — Public Service Act (s10) deployment requirements; separation of powers — High Court jurisdiction under s108(2); duty of candour in judicial review.

Medical disciplinary proceedings — statutory requirement to record proceedings and reasons (s48(5) Medical Practitioners and Dentists Act) — incomplete/inconsistent record — adequacy of minutes vs verbatim record — appellate review limited by deficient record — referral for fresh inquiry — issues of informed consent, negligence and gross incompetence considered but not determined on merits.

Commercial law – arbitration clause – stay of proceedings – section 6(1) Arbitration Act – jurisdiction after Supreme Court of Appeal order – anti-suit injunction – forum shopping – competence of procedural application under CPR 2017.

Arbitration — Stay of proceedings under s.6 Arbitration Act — Arbitration clause in escrow agreement — Clause expressly excluding escrow agent — Interpretation of exclusion clause — Readiness and willingness to arbitrate required as evidentiary burden.

Disability discrimination in air carriage; reasonable accommodation and medical clearance; Chicago Convention Annex 9; right to equality and dignity; general (not punitive) damages awarded.

Administrative law — statutory interpretation of regulatory disciplinary powers — sections 17, 36 and 37 read together; delegation to committees and use of ad hoc panels permissible; distinction between inquiry and disciplinary hearing; concurrent criminal and disciplinary proceedings not per se unreasonable.

Constitutional rights — personal liberty and 48-hour rule — withdrawal of bail application — effect on ongoing criminal proceedings — habeas corpus as appropriate remedy — court's discretion to grant reliefs mero motu; case management and disclosure obligations.

Arbitration law – stay of proceedings – clause headed 'ARBITRATION' construed as negotiation clause – heading cannot override clear substantive wording – requirement of valid arbitration agreement under s.6(1).

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.

Criminal law — case-to-answer; Pharmacy and Medicines Regulatory Authority Act 2019 — offences: misleading sale, false/misleading statements, advertising without approval; Penal Code — obtaining by false pretences, conspiracy to defraud; confession admissibility and requirement of independent corroboration; judicial notice and necessity of expert/scientific evidence for medical questions; appellate review on points of law by DPP.

Contract formation – existence and certainty of written loan agreement; Parol evidence rule – written document prevails; Loans Recovery Act – reopening transactions for excessive/usurious interest; Pleadings – duress/alternative claims must be specifically pleaded and proved; Security disputes – unproven vehicle security and counterclaim dismissed.

Employment law – unfair dismissal for operational requirements – duty to consult employees before retrenchment – entitlement to compensation for unfair dismissal – statutory formula for severance pay – proof required for salary arrears, allowances and pension claims.

Registered Land Act s123 – inhibition orders – discretionary preservatory relief – threshold: risk of disposition, refusal would render suit nugatory, and arguable/sustainable claim – set aside of interim inhibition where threshold not met.

Employment law – Assessment of compensation for unfair dismissal – Application of section 63(4) and (5) Employment Act – Use of salary at date of dismissal – Assessing court must not award beyond years of service – Assessing court must respect terms of liability judgment – Employer pension not assessable absent remit – Boosting (uplifting) awards and effect of employee contributory fault.

Employment law – Constructive dismissal – Burden on employee to show employer’s conduct unreasonable; failure to follow internal grievance procedures; credibility and evidence required to prove repudiatory breach.

Civil procedure – Mediation and mandatory attendance – Order 13 CPR 2017 – Default judgment for non-attendance – Restoration and suspension of enforcement under Order 28 r48 – Curable procedural defects (Order 2 r3(d)) – Functus officio rule – Preliminary objections permitted.

Stay of execution pending appeal – Order 28 r.48 CPR 2017 – applicant must show special circumstances – inability v unwillingness to pay – need for enforcement evidence (sheriff’s return) – corporate personality separates company and individual liabilities – judicial discretion and impact of undue delay.

Election law – electoral petition – admissibility and credibility of affidavits (name, signature and jurat date discrepancies) – failure to cross-examine deponent – burden and standard of proof in election petitions – MEC’s investigatory duties, jurisdiction and remedial powers – allegations of handouts, intimidation, purchase of voter slips, and ballot handling.

Employment law – fixed-term contracts – termination by effluxion of time – section 28(2) Employment Act – discretionary renewal clause – section 28(3) conversion to unspecified-term contracts – distinction between core and support functions – unfair dismissal and unfair labour practice claims.

Employment law – Fixed-term contracts – Effluxion of time terminates contract – Not unfair dismissal; Employment Act – fixed-term contracts excluded from severance and notice pay; Burden and standard of proof in civil claims – balance of probabilities; Evidential proof of payment – payslips, terminal benefits receipt and pension statements; Discretionary bonuses and statutory pension claims procedure (Pension Act s.62).

Pension law – obligation to provide pension under Pension Act – administrative circulars v. statutory law – Circular A (2017) not lawfully displacing statutory pension rights – Circular B (2019) applicable for computing pension-equivalent benefits – entitlement to pension (10% employer contribution applied over employment) rather than gratuity – Industrial Relations Court jurisdiction to determine discrimination-linked labour claims.

Contract — agreement to pay Malawi Kwacha equivalent of foreign currency — reference currency permissible; Civil procedure — burden and standard of proof on balance of probabilities; Evidence — adverse inference from failure to call material witnesses; Exchange control — quoting or indexing to foreign currency does not per se constitute illegality.

Interlocutory injunctions – Order 10 Rule 27 (CPR 2017) – American Cyanamid principles – serious question to be tried; adequacy of damages; preservation of status quo – CPR Order 2 cure of irregularity – duty of full and frank disclosure for ex parte relief – equity and unclean hands – effect of unstamped agreements where party treats contract as operative.