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High Court of Malawi - 2012 December

2 judgments
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2 judgments
December 2012
Registered Trustees of Apostolic Faith Mission of Africa v Sheki (Land Cause 80 of 2011) [2012] MWHC 70 (19 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
R v Wyson Ngulube (63 of 2011) [2012] MWHC 6 (4 December 2012)
Conviction for defilement upheld on victim, lay and medical corroboration; sentence reduced from nine to seven years.
  • Criminal Law — Sexual Offences — Defilement — Proof of penetration, victim’s age and accused’s knowledge
  • Evidence — Corroboration — Unsworn evidence of immature witness and requirement to warn
  • Sentencing — Mitigation — Reduction of sentence where original term is excessive
4 December 2012