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High Court of Malawi - 2006 September

3 judgments
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3 judgments
September 2006
Moyo v Jhango Publishers (1059 of 2006) [2006] MWHC 8 (25 September 2006)
Court refused to vacate an ex parte interlocutory injunction despite delay, finding prima facie title and favouring preservation of the status quo.
  • Civil Procedure
    • — Interlocutory Injunctions — Vacatur of ex parte injunction for delay and non-disclosure
    • — Preservation of Status Quo — Whether title disputes require full trial rather than interlocutory determination
  • Property Law — Tort — Trespass to land — Adequacy of damages and balance of convenience
25 September 2006
Ganya Edwin v Ganya James (1707 of 2005) [2006] MWHC 143 (12 September 2006)
A biological son born of a matrilineal marriage cannot be disqualified from chieftaincy succession solely on that ground.
  • Customary Law
    • — Chieftaincy Succession — Whether a son born of a matrilineal marriage may succeed under Ngoni custom — Interaction with constitutional equality provisions
    • — Succession Procedure — Validity of nomination by late Chief’s counsellors where a qualified child exists
12 September 2006
Re Section 65 of The Constitution (15 of 2005) [2006] MWHC 138 (3 September 2006)
A presidential referral does not permit appeals from interlocutory orders; leave to appeal and stay were refused.
  • Constitutional Law —  Presidential Referral
    • — Appealability of interlocutory orders in referrals
    • — Leave to appeal and stay of proceedings where President seeks advisory opinion — Section 89(1)(h) Constitution
3 September 2006