High Court of Malawi - 2009 January

Sort by:

3 judgments

Citation	Judgment date
January 2009
Chiphikira Zakaliya Catherine v Chiphikira George (30 of 2008) [2009] MWHC 22 (20 January 2009) Court upheld compensation order but ordered respondent to return K18,900 and allow recovery of appellant’s property. Family law — Divorce — Responsibility for marriage breakdown; compensation for matrimonial breakdown; distribution and recovery of matrimonial property; credibility findings on disputed assets and cash	20 January 2009
Malawi Electoral Commission v Ex-parte: Kasambara & Congress of Democrats (Miscellaneous Civil Cause 1 of 2009) [2009] MWHC 228 (16 January 2009) Court refused interim injunction and stay preventing the Electoral Commission enforcing revised nomination fees, leaving judicial review to proceed. Electoral law – Power to fix nomination deposits – Judicial review and interlocutory injunction – American Cyanamid principles – Public interest in preserving electoral calendar – No statutory duty to consult.	16 January 2009
Kondowe v Kumwenda (4 of 2008) [2009] MWHC 39 (10 January 2009) Appellate court upheld defamation finding, refusing to disturb trial court credibility assessment; appeal dismissed with costs. Defamation — Publication in public place — Credibility and demeanour findings of trial court — Appellate reluctance to disturb primary findings — Retraction versus ‘joking’ defence — Absence of material witnesses	10 January 2009