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High Court of Malawi - 2009 May

3 judgments
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3 judgments
May 2009
State v Ex Parte Muluzi & Anor. (2 of 2009) [2009] MWHC 13 (15 May 2009)
Electoral Commission lawfully rejected nomination: section 83(3) limits presidents to a maximum of two consecutive terms, non-term service excluded.
  • Constitutional law — Interpretation of section 83(3) — "a maximum of two consecutive terms" limits presidential tenure; non-term service filling vacancies not counted as a term — Right to be heard (s43) and PPEA remedies — Electoral Commission decision lawful
15 May 2009
State v Ex Parte Muluzi & Anor. (2 of 2009) [2009] MWHC 12 (7 May 2009)
A presidential nominee has a right to administrative redress and may pursue judicial review if the electoral timetable forecloses those remedies.
  • Electoral law — nomination of presidential candidates — application of Division 2 provisions mutatis mutandis to Division 3 — duty to notify defects — pre-court remedies and stays — judicial review where electoral calendar removes administrative remedy — withdrawal only by validly nominated candidate (s52)
7 May 2009
Mphande v Chikafa (Matrimonial Cause 12 of 2005) [2009] MWHC 233 (6 May 2009)
Court dismissed the divorce petition for want of prosecution due to inordinate delay and lack of proof of service; interlocutory applications dismissed too.
  • Family law — Divorce — Delay and want of prosecution — Validity and service of originating petition — Interlocutory applications dependent on main action — Transfer to Magistrates’ Court; jurisdictional limits (s.39(2)(e) Courts Act) — Dismissal includes ancillary applications — Costs: each party to bear own costs.
6 May 2009