High Court of Malawi - 2000 March

7 judgments

Court registries

  • Filters
  • Judges
  • Alphabet
Sort by:
7 judgments
Citation
Judgment date
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
24 March 2000
A lease by agreement is enforceable despite absence of Ministerial consent; injunction granted to restore possession.
:[
20 March 2000
An equitable agreement to lease creates enforceable lease rights; lack of ministerial consent under the Land Act does not void the lease.
Property law – lease and holding over – equitable agreement to lease and Walsh v Lonsdale – effect of Land Act s.24A and regulation 2(1) – ministerial consent/notification – implied covenants versus voidness – quiet enjoyment – estoppel – mandatory interlocutory injunction.
19 March 2000
15 March 2000
14 March 2000
8 March 2000