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High Court of Malawi - 2011 October

3 judgments
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3 judgments
October 2011
Blantyre Newspapers Limited v Shaba (Civil Cause No. 18 of 2011 (Principal Resident Magistrate's Court at Blantyre); Miscellaneous Civil Cause 10 of 2011) [2011] MWHC 112 (19 October 2011)
Whether an interlocutory transfer by Notice of Motion is permissible and whether it constituted an abuse of process.
  • Civil Procedure
    • — Transfer of Proceedings — Interlocutory application to transfer from Magistrate Court to High Court — Notice of Motion permissible — Courts Act s11/s39
    • — Abuse of Process — Bringing transfer application while lower court ruled on jurisdiction without stay or appeal — Order of court subsists until stayed, set aside or reversed
  • Tort — Defamation — Jurisdictional question where value of claim is unknown or assessable only after trial
19 October 2011
Tambala v Tomato and others (Land Civil Case 66 of 2011) [2011] MWHC 104 (11 October 2011)
11 October 2011
Amos Suluma (suing on his own behalf and on behalf of 49 other Chancellor College Bachelor of Education mature entry students whose fees were paid for by the Ministry of Education following the court order in Miscellaneous Civil Cause No. 49 of 2006) v The Attorney General (Civil Cause 2510 of 2007) [2011] MWHC 107 (7 October 2011)
Summary judgment refused: prior judicial review order did not mandate payment and circular allowances were conditional, requiring individual proof.
  • Administrative law — judicial review order construed as directive to find sponsorship, not monetary judgment; Civil procedure — summary judgment (Order 14) inappropriate where entitlement conditional and triable issues exist; Contract/employment law — statutory/circular allowances are conditional and require individual proof.
7 October 2011