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High Court of Malawi - 2000 November

3 judgments
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3 judgments
November 2000
Banda (J) v R (Misc. Criminal Cause 136 of 2000) [2000] MWHC 31 (16 November 2000)
Detention pending removal was unlawful; statutory mechanisms invoked did not lawfully authorize arrest or continued custody.
  • Constitutional right to liberty — release with or without bail; inapplicability of Transfer of Offenders Act and Mutual Assistance in Criminal Matters Act where detainee is not convicted or otherwise lawfully detained; requirement for state to prove INTERPOL/foreign requests; unlawful detention pending removal; procedural requirements for property recovery
16 November 2000
Chipala v Dwangwa Sugar Corporation (Civil Cause 435 of 1998) [2000] MWHC 39 (13 November 2000)
Employer vicariously liable for bus driver's negligence; plaintiff awarded K100,000 reduced for 20% contributory negligence.
 13 November 2000
Mkhumbwe v National Bank of Malawi (Civil Cause 2702 of 2000) [2000] MWHC 41 (10 November 2000)
Injunction refused: bank's demand notices and statutory sale powers complied with the Registered Land Act; damages and Registrar powers are adequate remedies.
  • Registered Land Act — sections 60(2), 68 and 71 — validity of demand notices and default; effect of indulgence on notice; mode of sale (auction v private contract); Registrar approval and consequences of irregularity; injunction vs damages.
10 November 2000