High Court of Malawi - 2000 March

7 judgments

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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
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
15 March 2000
14 March 2000
8 March 2000