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High Court of Malawi - 2000 March

7 judgments
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7 judgments
March 2000
Ambonishe v Controller of Customs and Excise & Attorney General (Civil Cause 3571 of 1999) [2000] MWHC 50 (29 March 2000)
Applicant argues customs provisions reversing burden of proof violate the constitutional presumption of innocence and fair‑trial rights.
  • Constitutional law — Criminal procedure — Reverse onus provisions in customs legislation — Presumption of innocence and right to remain silent — Burden of proof shifted to accused — Admissibility of foreign certificates and prima facie evidence — Limitation test under s44 (reasonableness, necessity, international standards) — Invalidation under s5 and remedies under ss46/200.
29 March 2000
Ibrahim v Karim (Civil Case 1260 of 1999) [2000] MWHC 74 (24 March 2000)
24 March 2000
Mobil Oil Mw LTD v Sacranie (Civil Cause 106 of 2000) [2000] MWHC 49 (20 March 2000)
A lease by agreement is enforceable despite absence of Ministerial consent; injunction granted to restore possession.
  • :[
20 March 2000
Mobil Oil Malawi Ltd v Scaranie (106 of 2000) [2000] MWHC 6 (19 March 2000)
Agreement to lease and equitable lease enforceable despite lack of Ministerial consent; mandatory injunction to protect plaintiff's quiet enjoyment.
  • Property law — lease and holding over — agreement to lease and letter of intent enforceable by specific performance; rule in Walsh v
  • Lonsdale; Land Act s.24A and Reg.2(l) — failure to notify/obtain ministerial consent does not render lease void but gives ministerial remedies; successor bound by predecessor’s lease; estoppel and caveat emptor; mandatory interlocutory injunction to protect quiet enjoyment
19 March 2000
HTD Limited v Nawab t/a Builders City (Civil Cause 1230 of 1999) [2000] MWHC 69 (15 March 2000)
15 March 2000
Kakuya v Eye Guard Services Limited (Civil Cause 3333 of 1999) [2000] MWHC 73 (14 March 2000)
14 March 2000
Theu v Royal Sunalliance (Civil Cause 3674 of 1999) [2000] MWHC 59 (8 March 2000)
8 March 2000