High Court of Malawi - 2012 December

2 judgments

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2 judgments
Citation
Judgment date
December 2012
A Registrar lacked jurisdiction to assess damages after an injunction’s dissolution; the damages enquiry must be held by a judge in chambers.
Civil procedure — Injunctions — Dissolution of ex parte injunction for want of prosecution — Assessment/enquiry into damages — Jurisdiction of Master/Registrar — Order 32, rule 12 — enquiry to be made by a judge in chambers.
19 December 2012
Conviction for defilement of an under‑13 girl upheld; sentence reduced from nine to seven years on mitigation grounds.
Criminal law – Defilement (s.138 Penal Code) – proof of penetration and victim’s age – corroboration where complainant is immature – admissibility of lay observations and medical evidence – alibi and standard of proof – sentencing discretion and mitigation
4 December 2012