High Court of Malawi - 2010 December

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3 judgments

Citation	Judgment date
December 2010
R v Imaulidi (Criminal Application 222 of 1999) [2010] MWHC 97 (31 December 2010)	31 December 2010
Mphande v Royal International Insurance Holdings LTD (Civil Cause 3644 of 2000) [2010] MWHC 99 (23 December 2010) Order 14A summary determination refused because disputed factual matters (offer, counter-offer, loan, salary) preclude deciding contract formation. Contract formation — offer and acceptance — counter-offer vs mere request; Employment contract; Order 14A summary determination — not suitable where legal issues are interwoven with contested facts; Necessity of full trial for disputed factual matters.	23 December 2010
Chaluluka v S (Criminal Appeal 3 of 2010) [2010] MWHC 101 (20 December 2010) Prosecution failed to prove the penetration element of defilement beyond reasonable doubt; conviction quashed. Criminal law – Defilement (s.138(1) Penal Code) – essential elements: age and penetration – burden of proof beyond reasonable doubt – corroboration and circumstantial evidence – admissibility and sufficiency of expert/medical evidence.	20 December 2010