High Court of Malawi - 2009 February

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2 judgments

Citation	Judgment date
February 2009
Collins Ng`ambi v The Anti-corruption Bureau (Misc. Criminal Case No 6b of 2009) [2009] MWHC 16 (25 February 2009) Applicant failed to prove innocent acquisition; restriction order under the Corrupt Practices Act upheld to preserve property for investigation. Corrupt Practices Act (s.23) – Restriction/preservation orders – Application under s.23(5) to reverse or vary restriction – Civil standard of proof (balance of probabilities) – Applicant’s burden to show innocent acquisition; failure to rebut State’s evidence.	25 February 2009
Chiseka v Majamanda (42 of 2006) [2009] MWHC 42 (23 February 2009) Respondent acquired an equitable interest by substantial payments; court ordered specific performance and set aside third‑party transfer. Civil procedure – jurisdiction of subordinate courts over title to land – Courts Act s.39(2)(a) and Registered Land Act s.156; Contract – instalment sale and substantial performance; Equity – equitable interest arising on part‑performance; Property – bona fide purchaser for value without notice; Specific performance and setting aside of transfer.	23 February 2009