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High Court of Malawi - 2005 December

6 judgments
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6 judgments
December 2005
In the matter of Section 10(5) of the Refugees Act (Cap 11.04) of the Laws of Malawi; Jones & Ors. v Refugee Committee (Misc. Civil Cause 313 of 2005) [2005] MWHC 24 (28 December 2005)
Ex parte leave for judicial review obtained by deported refugees was void for material non‑disclosure and lack of locus standi.
  • Refugee Law — Expulsion — Deportation for national security or public order — Application of Article 32 of the 1951 Refugee Convention
  • Civil Procedure
    • — Judicial review (ex parte) — Duty of full and frank disclosure — Material non‑disclosure vitiates leave
    • — Interlocutory injunction — Impossibility of performance and locus standi — Application of American Cyanamid principles
28 December 2005
City Motors Ltd v Unilever South East Africa (Pvt) Ltd (921 of 2005) [2005] MWHC 23 (13 December 2005)
No binding contract where purchaser’s order constituted a counter‑offer varying payment and delivery terms.
  • Contract Law
    • — Formation — Whether a binding contract existed — Counter‑offer v Acceptance — Objective test
    • — Remedies — Specific Performance — Unavailable where no concluded contract
13 December 2005
Teofilo Chilenge t/a Combinado Pesqueiro de Metangula v Attorney General (676 of 2001) [2005] MWHC 22 (5 December 2005)
A bailee-defendant is liable where exclusion clause, illegality and contributory negligence defences are unproven.
  • Contract Law — Bailment — Bailee for reward's duty of care and onus to prove loss without negligence
  • Tort — Negligence — Contributory negligence — Defendant must prove contributory fault by direct evidence
  • Evidence/Statutory Law — Illegality and capacity to contract — Statutory breach does not void contract absent clear statutory provision or when it does not go to the root of the contract
5 December 2005
Malawi Housing Corporation v Blantyre Water Board & Ors. (2344 of 2005) [2005] MWHC 20 (1 December 2005)
Owner liable only for current water bill where water boards fail to disconnect after occupier’s non-payment beyond 30 days.
  • Water Law — Rates and Charges — Liability of occupier first then owner; effect of bye-laws and disconnection practice
  • Municipal Law — Enforcement — Disconnection for non-payment — Discretionary power and consequences of non-enforcement
1 December 2005
Re Katundu Haulage Limited (62 of 2004) [2005] MWHC 18 (1 December 2005)
Court upheld consolidation of winding‑up petitions due to overlapping legal and equitable issues, including alleged malice.
  • Company Law —  Winding‑up
    • — Consolidation of petitions — Procedure under Order 4 Rule 9
    • — Legal remedy with overlapping equitable issues — Effect on consolidation
  • Civil Procedure — Affidavit evidence — Unchallenged allegations of malice — Relevance to joinder/consolidation
1 December 2005
R v Khan (95 of 2005) [2005] MWHC 21 (1 December 2005)
Forfeiture under s159(1) is automatic; duty paid on forfeited goods must be refunded.
  • Customs Law
    • — Forfeiture — Automatic forfeiture of seized goods upon conviction under s 159(1) — No judicial discretion
    • — Duty on Forfeited Goods — Whether duty paid by convict may be retained when goods are forfeited and realised — Interaction of s 159(1) and s 159(2)
1 December 2005