Results.
7 judgments found.
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| October 2001 |
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Court found quo warranto-equivalent relief available, a triable issue existed, and granted an interim injunction to preserve the status quo.
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Constitutional & administrative law — quo warranto and injunctive relief — received English statutes as Malawi law — procedure: judicial review v ordinary action (O'Reilly v Mackman exceptions) — res judicata and adequacy of damages — balance of convenience for interlocutory injunction
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21 October 2001 |
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High Court has concurrent jurisdiction over many labour disputes; Industrial Relations Court’s jurisdiction is limited and does not oust ordinary courts.
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Constitutional jurisdiction of High Court — Concurrent jurisdiction with Industrial Relations Court — Limits of Industrial Relations Court’s jurisdiction under Labour Relations Act and Employment Act — Distinction between statutory unfair dismissal and common-law contractual/tort remedies — Transfer versus dismissal of proceedings — Injunctive relief in labour disputes.
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16 October 2001 |
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Interlocutory injunction to restrain alleged subletting was justified to preserve the status quo pending trial.
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Interlocutory injunction — preservation of status quo pending trial — advertisement as evidence of intention to sublet or transfer — tenancy at will v. subsisting lease — successor in title’s rights and consent to subletting — weight of prior interlocutory findings.
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14 October 2001 |
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A confession by one accused is not evidence against another; students need proof of an arrangement to be guilty under s57.
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Education Act s57 — possession and communication/use of examination papers; admissibility of confession only against maker unless adopted; hearsay inadmissible; students cannot be convicted absent evidence of arrangement to be principals
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11 October 2001 |
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Interlocutory injunction upheld to prevent tenant's potential subletting or transfer without landlord's consent pending trial.
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Interlocutory injunction — preservation of status quo pending trial; advertisement as indication of intended subletting/assignment; tenant-at-will versus tenancy; requirement of landlord's written consent for subletting/transfer; successor-in-title rights; prior interlocutory orders not final
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3 October 2001 |
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Interlocutory injunction restraining sale vacated where Registered Land Act transfer cured irregularities and damages are adequate.
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Interim injunction — Registered Land Act (s.68, s.71(3)) — sale by chargee — transfer/Registrar’s certificate cures irregularities — American Cyanamid principles — adequacy of damages as remedy
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2 October 2001 |
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Young children, including a 1½-year-old, do not automatically constitute exceptional circumstances to warrant bail in a homicide case.
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Criminal law — Bail in serious offences — Exceptional circumstances required for bail — Young children of accused not automatically exceptional; recourse under s.60 Prisons Act for unweaned infants
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1 October 2001 |